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Author: Campbell McLachlan
Publisher: Cambridge University Press
Published: 2014-09-04
Total Pages: 665
ISBN-13: 0521899850
DOWNLOAD EBOOK →The first modern study of the law governing the external exercise of public power in the UK and the Commonwealth.
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
Published: 2021-06-03
Total Pages: 417
ISBN-13: 1108943918
DOWNLOAD EBOOK →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.
Author: Curtis A. Bradley
Publisher: Oxford University Press
Published: 2019-06-07
Total Pages: 992
ISBN-13: 0190653353
DOWNLOAD EBOOK →This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author: Phillip R. Trimble
Publisher:
Published: 2002
Total Pages: 324
ISBN-13:
DOWNLOAD EBOOK →The focus of this law school casebook is on constitutional law as it relates to the conduct of foreign relations, primarily with that subfield dealing with the "separation of powers." Foreign relations law refers to the rules, principles, practices and procedures which structure the formation and execution of U.S. foreign policy, including it's participation in international law and institutions.
Author: Paul B. Stephan
Publisher: Oxford University Press
Published: 2020-09-18
Total Pages: 588
ISBN-13: 0197533981
DOWNLOAD EBOOK →Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.
Author: Malcolm Jorgensen
Publisher: Cambridge University Press
Published: 2020-01-02
Total Pages: 303
ISBN-13: 1108481434
DOWNLOAD EBOOK →Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
Author: Curtis A. Bradley
Publisher: Oxford University Press
Published: 2020-12-01
Total Pages: 409
ISBN-13: 0197525636
DOWNLOAD EBOOK →International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Author: Michael P. Scharf
Publisher: Cambridge University Press
Published: 2010-01-11
Total Pages: 333
ISBN-13: 052176680X
DOWNLOAD EBOOK →All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
Author: Daniel S. Margolies
Publisher: University of Georgia Press
Published: 2011-06-01
Total Pages: 442
ISBN-13: 0820339520
DOWNLOAD EBOOK →In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.
Author: Michael J. Glennon
Publisher: Oxford University Press
Published: 2016-04-15
Total Pages: 304
ISBN-13: 0199355908
DOWNLOAD EBOOK →Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
