Encounters between Foreign Relations Law and International Law
Bridges and Boundaries

A fresh look at the bridges and boundaries between foreign relations law and public international law.

Helmut Philipp Aust (Edited by), Thomas Kleinlein (Edited by)

9781108837743, Cambridge University Press

Hardback, published 3 June 2021

450 pages
23 x 15 x 2.8 cm, 0.72 kg

''Bridge or boundary'? is the editors' lead question. Original chapters on classic and novel aspects of the interface between domestic and international law make an important contribution to the emerging field of comparative foreign relations law. In a climate of backlash against international law and governance a most timely book.' Anne Peters, Director, Max Planck Institute for Comparative Public Law and International Law, Heidelberg

Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.

1. Introduction: bridges under construction and shifting boundaries Helmut Philipp Aust and Thomas Kleinlein
Part I. Identities and Interaction: 2. Foreign relations law as a bargaining tool? Felix Lange
3. International foreign relations law: executive authority in entering and exiting treaties Edward T. Swaine
4. Comparative foreign relations law between centre and periphery. liberal and postcolonial perspectives Michael Riegner
5. Finding foreign relations law in India Prabhakar Singh
6. Foreign legal policy as the background to foreign relations law? Revisiting Guy De Lacharrière's La Politique Juridique Extérieure Frédéric Mégret
7. Judicial review, foreign relations and global administrative law. The administrative function of courts in foreign relations Angelo Jr. Golia
Part II. Sovereignty and Cooperation: 8. The Conseil constitutionnel's jurisprudence on 'limitations of sovereignty' Niki Aloupi
9. Democratic participation in international law-making in Switzerland after the 'age of treaties' Anna Petrig
Part III. Powers and Processes: 10. A constitution made for Mandela, a constitutional jurisprudence developed for Zuma. The erosion of discretion of the executive in foreign relations Dire Tladi
11. From Scope to process: the evolution of checks on presidential power in U.S. foreign relations law Jean Galbraith
12. Division of competences in the field of foreign relations in the Polish constitutional system Stanislaw Biernat
13. The role of parliaments in creating and enforcing foreign relations law. A case study of Bosnia and Herzegovina Ajla Škrbi?
14. War, international law and the rise of parliament. The influence of international law on UK parliamentary practice with respect to the use of force Veronika Fikfak
15. China and global environmental governance: coordination, distribution and compliance Ji Hua
16. Final Reflections: The dynamic and sometimes uneasy relationship between foreign relations law and international law Curtis A. Bradley
17. The present salience of foreign relations law Campbell McLachlan.

Subject Areas: Constitutional & administrative law [LND], Responsibility of states & other entities [LBBV], International organisations & institutions [LBBU], Public international law [LBB], International law [LB], Comparative law [LAM], Law [L], International relations [JPS], Political science & theory [JPA]