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The Oxford Handbook of Comparative Foreign Relations Law

The Oxford Handbook of Comparative Foreign Relations Law

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780190653330
  • 出版时间 September 2019
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Preface Curtis A. Bradley
    Notes on the Contributors
    Part I: Comparative Foreign Relations Law as a Field
    Chapter 1: Curtis A. Bradley, What is Foreign Relations Law?
    Chapter 2: Campbell McLachlan, Five Conceptions of the Function of Foreign Relations Law
    Chapter 3: Karen Knop, Foreign Relations Law: Comparison as Invention
    Chapter 4: Tom Ginsburg, Comparative Foreign Relations Law:
    A National Constitutions Perspective
    Chapter 5: Oona A. Hathaway, A Comparative Foreign Relations Law Agenda:
    Opportunities and Challenges
    Chapter 6: Jenny S. Martinez, The Constitutional Allocation of Executive and
    Legislative Power Over Foreign Affairs: A Survey
    Chapter 7: Alejandro Rodiles, Executive Power in Foreign Affairs: The Case for
    Inventing a Mexican Foreign Relations Law
    Part II. Making Treaties and Other International Agreements
    Chapter 8: Pierre-Hugues Verdier & Mila Versteeg, Separation of Powers,
    Treaty-Making, and Treaty Withdrawal: A Global Survey
    Chapter 9: Jean Galbraith, International Agreements and U.S. Foreign Relations Law:
    Complexity in Action
    Chapter 10: Stefan Kadelbach, International Treaties and the German Constitution
    Chapter 11: Tadaatsu Mori, The Current Practice of Making and Applying International
    Agreements in Japan
    Chapter 12: Carlos Esposito, Spanish Foreign Relations Law and the Process for
    Making Treaties and Other International Agreements
    Chapter 13: Jaemin Lee, Incorporation and Implementation of Treaties in South Korea
    Chapter 14: Marise Cremona, Making Treaties and Other International Agreements:
    The European Union
    Part III. Federalism and Foreign Affairs
    Chapter 15: Ernest A. Young, Foreign Affairs Federalism in the United States
    Chapter 16: Charles-Emmanuel Côté, Federalism and Foreign Affairs in Canada
    Chapter 17: Roland Portmann, Foreign Affairs Federalism in Switzerland
    Chapter 18: Anamika Asthana and Happymon Jacob, Federalism and Foreign Affairs in India
    Chapter 19: Robert Schütze, Foreign Affairs Federalism in the European Union
    Part IV. Engaging With, and Disengaging From, International Institutions
    Chapter 20: Laurence R. Helfer, Treaty Exit and Intra-Branch Conflict at the Interface of
    International and Domestic Law
    Chapter 21: Paul B. Stephan, Constitutionalism and Internationalism: U.S Participation in
    International Institutions
    Chapter 22: Paul Craig, Engagement and Disengagement with International Institutions:
    The UK Perspective
    Chapter 23: Andreas L. Paulus & Jan-Henrik Hinselmann, "International Integration and Its
    Counter-Limits: A German Constitutional Perspective"
    Chapter 24: Hannah Woolaver, State Engagement with Treaties: Interactions Between International and Domestic Law
    Chapter 25: Joris Larik, Regional Organizations' Relations with International Institutions:
    The EU and ASEAN Compared
    Part V. Domestic Application of International Law
    Chapter 26: Duncan B. Hollis & Carlos M. Vázquez, Treaty Self-Execution as
    "Foreign" Foreign Relations Law
    Chapter 27: Shaheed Fatima, The Domestic Application of International Law in
    British Courts
    Chapter 28: Gib Van Ert, The Domestic Application of International Law in Canada
    Chapter 29: Amichai Cohen, International Law in Israeli Courts
    Chapter 30: Hiromichi Matsuda, International Law in Japanese Courts
    Chapter 31: Congyan Cai, International Law in Chinese Courts
    Chapter 32: Rene Urueña, Domestic Application of International Law in Latin America
    Chapter 33: Ernest Yaw Ako and Richard Frimpong Oppong, Foreign Relations Law
    in the Constitutions and Courts of Commonwealth African Countries
    Chapter 34: Mario Mendez, The Application of International Law by the Court of Justice
    of the European Union
    Part VI. Immunity, Comity, and Related Issues
    Chapter 35: David P. Stewart, International Immunities in U.S. Law
    Chapter 36: Philippa Webb, International Immunities in English Law
    Chapter 37: Hennie Strydom, South African Law on Immunities
    Chapter 38: Andrea Bianchi, Jurisdictional Immunities, Constitutional Values,
    and System Closures
    Chapter 39: William S. Dodge, International Comity in Comparative Perspective
    Chapter 40: Eirik Bjorge & Cameron Miles, Crown and Foreign Acts of State
    Before British Courts: Ramatullah, Belhaj, and the Separation of Powers
    Part VII: The Use of Military Force
    Chapter 41: Monica Hakimi, Techniques for Regulating Military Force
    Chaper 42: Curtis A. Bradley, U.S. War Powers and the Potential Benefits of Comparativism
    Chaper 43: Katja S. Ziegler, The Use of Force by the United Kingdom: The Evolution of
    Accountability
    Chapter 44: Anne Peters, Military Operations Abroad Under the German Basic Law
    Chaper 45: Mathias Forteau, Using Military Force and Engaging in Collective Security:
    The Case of France
    Chapter 46: Tadashi Mori, Decisions in Japan to Use Military Force or to Participate in
    Multinational Peacekeeping Operations

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