Encounters between Foreign Relations Law and International Law: Bridges and Boundaries

doi:10.1017/9781108942713

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Encounters between Foreign Relations Law and International Law

Encounters between Foreign Relations Law and International Law

Bridges and Boundaries

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Panizzon, Marion Vitiello, Daniela and Molnár, Tamás 2022. The Rule of Law and Human Mobility in the Age of Global Compacts: Relativizing the Risks and Gains of Soft Normativity?. Laws, Vol. 11, Issue. 6, p. 89.

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Edited by Helmut Philipp Aust, Freie Universität Berlin, Thomas Kleinlein, Friedrich-Schiller-Universität, Jena, Germany

Publisher:: Cambridge University Press
Online publication date:: May 2021
Print publication year:: 2021
Online ISBN:: 9781108942713
DOI:: https://doi.org/10.1017/9781108942713
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Subjects:: Public International Law, Law, Comparative Law

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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.

‘The book edited by Aust and Kleinlein focuses innovatively on bridges and boundaries between international law and foreign relations law. It has a compelling structure, diversity of case studies and concludes with observations by two senior scholars in the field, Bradley and McLachlan. Reading the book made me understand better some of my own studies on the evolution of international law in Russia.’

Lauri Mälksoo - Professor of International Law, University of Tartu, Estonia

‘‘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

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Contents

Encounters between Foreign Relations Law and International Law
pp i-ii
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Encounters between Foreign Relations Law and International Law - Title page
pp iii-iii
Bridges and Boundaries
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Copyright page
pp iv-iv
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Contents
pp v-vii
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Contributors
pp viii-x
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Preface
pp xi-xii
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Table of Cases
pp xiii-xxiv
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Abbreviations
pp xxv-xxviii
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1 - Introduction
pp 1-20
Bridges under Construction and Shifting Boundaries
- By Helmut Philipp Aust, Thomas Kleinlein
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Part I - Identities and Interaction
pp 21-158
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2 - Foreign Relations Law As a Bargaining Tool?
pp 23-45
- By Felix Lange
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3 - International Foreign Relations Law
pp 46-59
Executive Authority in Entering and Exiting Treaties
- By Edward T. Swaine
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4 - Comparative Foreign Relations Law between Center and Periphery
pp 60-85
Liberal and Postcolonial Perspectives
- By Michael Riegner
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5 - Finding Foreign Relations Law in India: A Decolonial Dissent
pp 86-107
- By Prabhakar Singh
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6 - Foreign Legal Policy As the Background to Foreign Relations Law?
pp 108-129
Revisiting Guy de Lacharrière’s La politique juridique extérieure
- By Frédéric Mégret
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7 - Judicial Review, Foreign Relations and Global Administrative Law
pp 130-158
The Administrative Function of Courts in Foreign Relations
- By Angelo Jr. Golia
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Part II - Sovereignty and Cooperation
pp 159-212
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8 - The Conseil Constitutionnel’s Jurisprudence on ‘Limitations of Sovereignty’
pp 161-179
- By Niki Aloupi
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9 - Democratic Participation in International Lawmaking in Switzerland after the ‘Age of Treaties’
pp 180-212
- By Anna Petrig
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Part III - Powers and Processes
pp 213-340
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10 - A Constitution Made for Mandela, A Constitutional Jurisprudence Developed for Zuma
pp 215-238
The Erosion of Discretion of the Executive in Foreign Relations
- By Dire Tladi
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11 - From Scope to Process
pp 239-251
The Evolution of Checks on Presidential Power in US Foreign Relations Law
- By Jean Galbraith
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12 - Division of Competences in the Field of Foreign Relations in the Polish Constitutional System
pp 252-273
- By Stanisław Biernat
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13 - The Role of Parliaments in Creating and Enforcing Foreign Relations Law
pp 274-298
A Case Study of Bosnia and Herzegovina
- By Ajla Škrbić
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14 - War, International Law and the Rise of Parliament
pp 299-316
The Influence of International Law on UK Parliamentary Practice with Respect to the Use of Force
- By Veronika Fikfak
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15 - China and Global Environmental Governance
pp 317-340
Coordination, Distribution and Compliance
- By Ji Hua
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Final Reflections
pp 341-372
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16 - The Dynamic and Sometimes Uneasy Relationship Between Foreign Relations Law and International Law
pp 343-354
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17 - The Present Salience of Foreign Relations Law
pp 355-372
- By Campbell McLachlan
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Index
pp 373-388
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Encounters between Foreign Relations Law and International Law

Bridges and Boundaries

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