Pub Date : 2021-06-03DOI: 10.1017/9781108942713.003
F. Lange
To perceive foreign relations law as a self-standing academic subfield, perspective or theme which enlightens our understanding of the linkages between national and international law is a rather novel phenomenon. In most jurisdictions an academic tradition of foreign relations law as a separate field or theme does not exist. Issues of foreign relations law such as the separation of powers in foreign affairs or the integration of international law into the domestic order are often either discussed in treatises of constitutional or international law, or in both. For instance, not only the Oxford Handbook of the Indian Constitution contains a chapter on the case law of the Indian Supreme Court dealing with the status of international law in the Indian legal system but also the edited volume Comparative International Law includes a contribution addressing how the Indian Supreme Court integrates human rights law into the domestic order. Moreover, if, like in the United States, a foreign relations law tradition exists, the norms of the US Constitution and the case law of the Supreme Court which relate to foreign affairs are often taught and analyzed by scholars who teach and write on international and domestic
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Pub Date : 2021-06-03DOI: 10.1017/9781108942713.016
Jinyang Hua
{"title":"China and Global Environmental Governance","authors":"Jinyang Hua","doi":"10.1017/9781108942713.016","DOIUrl":"https://doi.org/10.1017/9781108942713.016","url":null,"abstract":"","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114622649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-03DOI: 10.1017/9781108942713.007
F. Mégret
The study of foreign relations law has been largely devoted to domestic laws as they affect foreign policy. An element seems to be missing, however, somewhere between domestic and international law that is reducible to neither the constraints of domestic or international law on foreign policy. Although that element may simply be the national interest, the latter seems too crude a variable to explain alone how countries navigate not just their foreign policy generally, but its many legal dimensions specifically. A more discreet strand of thought has looked at how national policies in relation to international law are formulated. This could be seen as including the quite specific but rich genre of writing on foreign policy legal advice and advisors (which has both a foreign policy law allocation dimension, and a foreign legal policy element) although what this chapter is interested in is arguably broader and not necessarily as personalised. The key intuition here is
{"title":"Foreign Legal Policy As the Background to Foreign Relations Law?","authors":"F. Mégret","doi":"10.1017/9781108942713.007","DOIUrl":"https://doi.org/10.1017/9781108942713.007","url":null,"abstract":"The study of foreign relations law has been largely devoted to domestic laws as they affect foreign policy. An element seems to be missing, however, somewhere between domestic and international law that is reducible to neither the constraints of domestic or international law on foreign policy. Although that element may simply be the national interest, the latter seems too crude a variable to explain alone how countries navigate not just their foreign policy generally, but its many legal dimensions specifically. A more discreet strand of thought has looked at how national policies in relation to international law are formulated. This could be seen as including the quite specific but rich genre of writing on foreign policy legal advice and advisors (which has both a foreign policy law allocation dimension, and a foreign legal policy element) although what this chapter is interested in is arguably broader and not necessarily as personalised. The key intuition here is","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134250510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781108942713.008
Angelo Jr. Golia
{"title":"Judicial Review, Foreign Relations and Global Administrative Law","authors":"Angelo Jr. Golia","doi":"10.1017/9781108942713.008","DOIUrl":"https://doi.org/10.1017/9781108942713.008","url":null,"abstract":"","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127736891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781108942713.019
{"title":"Index","authors":"","doi":"10.1017/9781108942713.019","DOIUrl":"https://doi.org/10.1017/9781108942713.019","url":null,"abstract":"","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132868719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781108942713.015
Veronika Fikfak
{"title":"War, International Law and the Rise of Parliament","authors":"Veronika Fikfak","doi":"10.1017/9781108942713.015","DOIUrl":"https://doi.org/10.1017/9781108942713.015","url":null,"abstract":"","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133041677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781108942713.017
C. Bradley
The Oxford Handbook of Comparative Foreign Relations Law, published in 2019, ambitiously sought ‘to lay the groundwork for a new field of study and teaching’. The present volume usefully complements that effort by focusing, from a comparative perspective, on how foreign relations law interacts with international law. In this concluding chapter, I reflect on the relationship between these two bodies of law, drawing on examples from this volume and also from the Handbook. As will become evident, foreign relations law and international law have important and often underappreciated effects on each other, sometimes in ways that are constructive andmutually reinforcing, but at other times in ways that produce potential conflict.
{"title":"The Dynamic and Sometimes Uneasy Relationship Between Foreign Relations Law and International Law","authors":"C. Bradley","doi":"10.1017/9781108942713.017","DOIUrl":"https://doi.org/10.1017/9781108942713.017","url":null,"abstract":"The Oxford Handbook of Comparative Foreign Relations Law, published in 2019, ambitiously sought ‘to lay the groundwork for a new field of study and teaching’. The present volume usefully complements that effort by focusing, from a comparative perspective, on how foreign relations law interacts with international law. In this concluding chapter, I reflect on the relationship between these two bodies of law, drawing on examples from this volume and also from the Handbook. As will become evident, foreign relations law and international law have important and often underappreciated effects on each other, sometimes in ways that are constructive andmutually reinforcing, but at other times in ways that produce potential conflict.","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126476868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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