The Oxford Handbook of Comparative Foreign Relations Law最新文献_第2页

Domestic Application of International Law in Latin America 国际法在拉丁美洲的国内适用

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.32

René Urueña

引用次数: 1

The Application of International Law by the Court of Justice of the European Union 欧洲联盟法院对国际法的适用

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.34

Mario A. Mendez

{"title":"The Application of International Law by the Court of Justice of the European Union","authors":"Mario A. Mendez","doi":"10.1093/OXFORDHB/9780190653330.013.34","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190653330.013.34","url":null,"abstract":"This chapter assesses three key strands in the case law of the Court of Justice of the European Union concerning a central dimension of foreign relations law, namely, the application of international law. The first section focuses on how the Court has reviewed the compatibility of EU-concluded treaties or envisaged treaties with the European Union’s constitutional text and also the review of treaties concluded by the member states. Judicial review powers in relation to treaties have increasingly been included in constitutional texts, but the European Union is distinctive in that its Court of Justice has regularly been called upon to exercise this form of jurisdiction, thus offering potentially valuable foreign relations law insights for constitutional design and practice in other constitutional systems. The second section focuses on the judicial enforcement of treaties and identifies a spate of recent rulings where more international law friendly outcomes would have been possible. A briefer third section focuses on the application of customary international law and highlights in particular the high threshold set for judicial review vis-à-vis such norms. The recent judicial developments identified in each of the respective three sections of this chapter have increasingly been deployed to challenge the traditionally dominant narrative in EU law scholarship of a Court of Justice that adopts a markedly international law friendly approach.","PeriodicalId":237106,"journal":{"name":"The Oxford Handbook of Comparative Foreign Relations Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134276362","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}

引用次数: 0

International Treaties and The German Constitution 国际条约与德国宪法

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.10

S. Kadelbach

{"title":"International Treaties and The German Constitution","authors":"S. Kadelbach","doi":"10.1093/OXFORDHB/9780190653330.013.10","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190653330.013.10","url":null,"abstract":"This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.","PeriodicalId":237106,"journal":{"name":"The Oxford Handbook of Comparative Foreign Relations Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115305707","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}

引用次数: 0

Foreign Affairs Federalism in the United States 外交:美国的联邦制

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.15

E. A. Young

{"title":"Foreign Affairs Federalism in the United States","authors":"E. A. Young","doi":"10.1093/OXFORDHB/9780190653330.013.15","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190653330.013.15","url":null,"abstract":"Although the American Founders intended to centralize power over foreign affairs in the national government, the modern reality is considerably more complex. To be sure, the national government dominates the core of foreign affairs: the conduct of foreign policy toward other nations. Yet even here, states and municipalities intrude from time to time. More broadly, state and local governments remain important players in areas such as immigration and commercial regulation that have important international dimensions. Federalism constrains—legally and especially politically—the international agreements that the national government can enter into, and central authorities remain dependent on state and local officials to implement many important international commitments. Internal and external forces have combined to make a multilayered approach to foreign affairs inevitable in the United States. Internal forces include the constitutional structure itself, which stops short of giving exclusive foreign affairs powers to the national government and reserves important authority to the states, as well as the more contemporary impact of polarization in American political life. On the external side, globalization has blurred the very distinction between foreign and domestic affairs, and international law’s increasing preoccupation with nations’ treatment of their own citizens has rendered many traditional areas of state governance subjects of international concern.","PeriodicalId":237106,"journal":{"name":"The Oxford Handbook of Comparative Foreign Relations Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121695140","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}

引用次数: 0

The Current Practice of Making and Applying International Agreements in Japan 日本国际协定制定与适用的现状

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.11

Tadaatsu Mori

{"title":"The Current Practice of Making and Applying International Agreements in Japan","authors":"Tadaatsu Mori","doi":"10.1093/OXFORDHB/9780190653330.013.11","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190653330.013.11","url":null,"abstract":"This chapter describes the treaty-making practice in Japan, with a focus on explaining the mechanism for striking the balance between democratic control and effective management of foreign affairs. The chapter first outlines the structure of Japan’s Constitution regarding the responsibility for managing foreign affairs and the authority for concluding treaties and other international agreements. The chapter further introduces the process of concluding treaties step by step—from examination by the Cabinet Legislation Bureau to the Diet approval. The “Ohira Principles,” elaborated by Foreign Minister Masayoshi Ohira in 1974, specified three categories of treaties for the Diet approval. The chapter points out that the formula was extremely well crafted, although it has been challenged by the growing need for effective management over a wide range of issues in foreign affairs. In the course of discussion, the chapter takes up examples such as an Exchange of Notes of ODA projects, the 1997 “Guidelines for Japan-U.S. Defense Cooperation,” the Guam International Agreement, and the Japan-U.S. SOFA and Supplementary Agreement on the Environment, the Japan-U.S. ACSA. The chapter also describes how the current Diet approval process proceeds, by referring to existing practices such as the “thirty-day rule” and bundling of multiple treaties, and then briefly covers the domestic legal effect of treaties, including bills for implementing treaties as well as “self-executing” treaties. The chapter concludes that the Japanese treaty-making practice will continue to face a question of how to strike the right balance between producing necessary treaties and other international agreements in a timely manner while also maintaining a sufficient level of democratic control by the Diet.","PeriodicalId":237106,"journal":{"name":"The Oxford Handbook of Comparative Foreign Relations Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126262843","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}

引用次数: 0

The Constitutional Allocation of Executive And Legislative Power Over Foreign Relations 对外关系行政立法权的宪法分配

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.6

Jenny S. Martinez

引用次数: 1

Comparative Foreign Relations Law 比较对外关系法

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.4

Tom Ginsburg

引用次数: 1

Treaty Self-Execution as “Foreign” Foreign Relations Law 条约自行执行为“对外”对外关系法

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.26

D. Hollis, C. M. Vázquez

{"title":"Treaty Self-Execution as “Foreign” Foreign Relations Law","authors":"D. Hollis, C. M. Vázquez","doi":"10.1093/OXFORDHB/9780190653330.013.26","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190653330.013.26","url":null,"abstract":"This chapter considers how a state’s approach to foreign relations problems may have an external origin, or what we call “foreign” foreign relations law (FFRL). Using the distinction between self-executing and non-self-executing treaties as a case study, we find close parallels between manifestations of this distinction in various states and how it evolved in the United States, where the distinction was first articulated. The chapter explores whether these parallels reflect the distinction’s transplantation from one legal system to another or the organic development of similar doctrines to address similar problems within the states involved. The chapter then addresses the utility of differentiating the exogenous/endogenous origins of particular foreign relations doctrines. We argue that consideration of a doctrine’s exogenous origins raises questions that can deepen and develop the nascent field of comparative foreign relations law. Why do states accept (or reject) FFRL? How does FFRL enter a state’s system? Who is doing the transporting? What happens to FFRL in its new site(s)—i.e., how static or dynamic does the concept prove in different settings? Further research on such questions may, in turn, set the table for more normative questions such as when states should seek (or resist) the importation of foreign relations law.","PeriodicalId":237106,"journal":{"name":"The Oxford Handbook of Comparative Foreign Relations Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124416430","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}

引用次数: 1

Federalism and Foreign Affairs in Canada 加拿大的联邦制与外交

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.16

Charles-Emmanuel Côté

{"title":"Federalism and Foreign Affairs in Canada","authors":"Charles-Emmanuel Côté","doi":"10.1093/OXFORDHB/9780190653330.013.16","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190653330.013.16","url":null,"abstract":"This chapter studies the interplay between federalism and foreign relations law in Canada. As the chapter notes, since Confederation and despite lengthy constitutional talks and the coming of the age of globalization, foreign affairs federalism in Canada remains characterized by the absence of written constitutional rules, the lack of institutionalization, and the important role of government practice in filling that void. Despite past controversies over the Labour Conventions case, the provincial power to implement treaties did not cause any serious foreign relations difficulties, and Canada was able to play an active role as a middle power on the international stage. Nevertheless, the current political and legal framework is such that problems can arise from time to time in the conduct of foreign affairs, if international obligations are incurred without substantial provincial support. Prior consultations with provinces are crucial, and the formulation of treaty reservations may be necessary in some cases. The insufficient political will to better institutionalize cooperation between Ottawa and the provinces in the conduct of foreign affairs continues to be surprising, especially in the light of positive sectoral or ad hoc initiatives. The positive role that provincial paradiplomacy may play in expanding the global influence of Canada could also be better embraced. The emerging obligation to consult with Aboriginal peoples stands in stark contrast with the lack of institutionalization of federal-provincial cooperation on foreign affairs.","PeriodicalId":237106,"journal":{"name":"The Oxford Handbook of Comparative Foreign Relations Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123345807","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}

引用次数: 1

Foreign Relations Law in the Constitutions and Courts of Commonwealth African Countries 英联邦非洲国家宪法和法院中的外交关系法

The Oxford Handbook of Comparative Foreign Relations Law Pub Date : 2019-06-26 DOI: 10.1093/OXFORDHB/9780190653330.013.33

Ernest Yaw Ako, R. F. Oppong

引用次数: 1