{"title":"外交关系法是讨价还价的工具?","authors":"F. Lange","doi":"10.1017/9781108942713.003","DOIUrl":null,"url":null,"abstract":"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","PeriodicalId":231079,"journal":{"name":"Encounters between Foreign Relations Law and International Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Foreign Relations Law As a Bargaining Tool?\",\"authors\":\"F. Lange\",\"doi\":\"10.1017/9781108942713.003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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\",\"PeriodicalId\":231079,\"journal\":{\"name\":\"Encounters between Foreign Relations Law and International Law\",\"volume\":\"39 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-06-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Encounters between Foreign Relations Law and International Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/9781108942713.003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Encounters between Foreign Relations Law and International Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/9781108942713.003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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