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Encounters between Foreign Relations Law and International Law
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Book description

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.

Reviews

‘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

Full book PDF
  • Encounters between Foreign Relations Law and International Law
    pp i-ii
  • Encounters between Foreign Relations Law and International Law - Title page
    pp iii-iii
  • Bridges and Boundaries
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vii
  • Contributors
    pp viii-x
  • Preface
    pp xi-xii
  • Table of Cases
    pp xiii-xxiv
  • Abbreviations
    pp xxv-xxviii
  • 1 - Introduction
    pp 1-20
  • Bridges under Construction and Shifting Boundaries
  • Part I - Identities and Interaction
    pp 21-158
  • 2 - Foreign Relations Law As a Bargaining Tool?
    pp 23-45
  • 5 - Finding Foreign Relations Law in India: A Decolonial Dissent
    pp 86-107
  • Part II - Sovereignty and Cooperation
    pp 159-212
  • 8 - The Conseil Constitutionnel’s Jurisprudence on ‘Limitations of Sovereignty’
    pp 161-179
  • Part III - Powers and Processes
    pp 213-340
  • 15 - China and Global Environmental Governance
    pp 317-340
  • Coordination, Distribution and Compliance
  • Final Reflections
    pp 341-372
  • 17 - The Present Salience of Foreign Relations Law
    pp 355-372
  • Index
    pp 373-388

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