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.
1. Introduction: bridges under construction and shifting boundaries Helmut Philipp Aust and Thomas Kleinlein; Part I. Identities and Interaction: 2. Foreign relations law as a bargaining tool? Felix Lange; 3. International foreign relations law: executive authority in entering and exiting treaties Edward T. Swaine; 4. Comparative foreign relations law between centre and periphery. liberal and postcolonial perspectives Michael Riegner; 5. Finding foreign relations law in India Prabhakar Singh; 6. Foreign legal policy as the background to foreign relations law? Revisiting Guy De Lacharrière's La Politique Juridique Extérieure Frédéric Mégret; 7. Judicial review, foreign relations and global administrative law. The administrative function of courts in foreign relations Angelo Jr. Golia; Part II. Sovereignty and Cooperation: 8. The Conseil constitutionnel's jurisprudence on 'limitations of sovereignty' Niki Aloupi; 9. Democratic participation in international law-making in Switzerland after the 'age of treaties' Anna Petrig; Part III. Powers and Processes: 10. A constitution made for Mandela, a constitutional jurisprudence developed for Zuma. The erosion of discretion of the executive in foreign relations Dire Tladi; 11. From Scope to process: the evolution of checks on presidential power in U.S. foreign relations law Jean Galbraith; 12. Division of competences in the field of foreign relations in the Polish constitutional system Stanislaw Biernat; 13. The role of parliaments in creating and enforcing foreign relations law. A case study of Bosnia and Herzegovina Ajla Škrbić; 14. War, international law and the rise of parliament. The influence of international law on UK parliamentary practice with respect to the use of force Veronika Fikfak; 15. China and global environmental governance: coordination, distribution and compliance Ji Hua; 16. Final Reflections: The dynamic and sometimes uneasy relationship between foreign relations law and international law Curtis A. Bradley; 17. The present salience of foreign relations law Campbell McLachlan.
Helmut Philipp Aust is a Professor of Law at Freie Universität Berlin, Germany, and Co-Chair of the ILA Study Group 'The Role of Cities in International Law'. Publications include Complicity and the Law of State Responsibility (2011) and The Interpretation of International Law by Domestic Courts (2016, with Georg Nolte). Thomas Kleinlein is a Professor of Law at Friedrich Schiller University Jena, Germany, where he holds the Chair of Public Law, Public International Law, EU Law and Comparative Law and is Co-Director of the Center for European Studies. Publications include System, Order, and International Law – The Early History of International Legal Thought (2017, with Stefan Kadelbach and David Roth-Isigkeit).
Reviews for Encounters between Foreign Relations Law and International Law: Bridges and Boundaries
'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
