外交法律政策作为外交关系法的背景?

F. Mégret
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引用次数: 0

摘要

对外关系法的研究主要集中在国内法上,因为国内法影响外交政策。然而,在国内法和国际法之间似乎缺少一个既不能归结为国内法也不能归结为国际法对外交政策的限制的因素。虽然这一因素可能只是国家利益,但后者似乎过于粗糙,无法单独解释各国如何处理其总体外交政策,也无法解释其具体的许多法律层面。一种更为谨慎的思想着眼于如何制定与国际法有关的国家政策。这可以被视为包括相当具体但丰富的外交政策法律咨询和顾问写作类型(既有外交政策法律分配维度,也有外交法律政策元素),尽管本章感兴趣的内容可以说是更广泛的,不一定是个性化的。这里的关键直觉是
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Foreign Legal Policy As the Background to Foreign Relations Law?
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
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