The Oxford Handbook of Comparative Foreign Relations Law
The Oxford Handbook of Comparative Foreign Relations Law
Curtis A. Bradley is the William Van Alstyne Professor of Law at Duke Law School, where he is a co-director of the Law School’s Center for International and Comparative Law. His scholarly expertise spans the areas of international law in the U.S. legal system, the constitutional law of foreign affairs, and federal jurisdiction. In 2004, he served as Counselor on International Law in the Legal Adviser’s Office of the U.S. State Department. From 2012-2018, he served as a Reporter for the American Law Institute’s RESTATEMENT (FOURTH) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES. He is currently a co-editor-in-chief of the American Journal of International Law, and he also serves on the U.S. State Department’s Advisory Committee on International Law. He has written numerous articles concerning international law, U.S. foreign relations law, and constitutional law, and he is the author of FOREIGN RELATIONS LAW: CASES AND MATERIALS (6th ed. 2017) (with Jack Goldsmith), and INTERNATIONAL LAW IN THE U.S. LEGAL SYSTEM (2d ed. 2015). In 2016, he received a Carnegie Fellowship to support his work on comparative foreign relations law.
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Abstract
This book ambitiously seeks to lay the groundwork for a new field of study and teaching known as “comparative foreign relations law.” Comparative foreign relations law compares and contrasts how nations, and also supranational entities such as the European Union, structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The book consists of forty-six chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, increasingly are confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well.
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Front Matter
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I Comparative Foreign Relations Law as a Field
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1
What is Foreign Relations Law?
Curtis A. Bradley
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2
Five Conceptions of the Function of Foreign Relations Law
Campbell McLachlan
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3
Foreign Relations Law: Comparison as Invention
Karen Knop
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4
Comparative Foreign Relations Law: A National Constitutions Perspective
Tom Ginsburg
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5
A Comparative Foreign Relations Law Agenda: Opportunities and Challenges
Oona A. Hathaway
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6
The Constitutional Allocation of Executive And Legislative Power Over Foreign Relations: A Survey
Jenny S. Martinez
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7
Executive Power in Foreign Affairs: The Case for Inventing a Mexican Foreign Relations Law
Alejandro Rodiles
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1
What is Foreign Relations Law?
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II Making Treaties and Other International Agreements
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8
Separation of Powers, Treaty-Making, and Treaty Withdrawal: A Global Survey
Pierre-Hugues Verdier andMila Versteeg
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9
International Agreements and U.S. Foreign Relations Law: Complexity in Action
Jean Galbraith
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10
International Treaties and The German Constitution
Stefan Kadelbach
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11
The Current Practice of Making and Applying International Agreements in Japan
Tadaatsu Mori
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12
Spanish Foreign Relations Law and the Process for Making Treaties and other International Agreements
Carlos Espósito
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13
Incorporation and Implementation of Treaties in South Korea
Jaemin Lee
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14
Making Treaties and Other International Agreements: The European Union
Marise Cremona
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8
Separation of Powers, Treaty-Making, and Treaty Withdrawal: A Global Survey
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III Federalism and Foreign Affairs
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15
Foreign Affairs Federalism in the United States
Ernest A. Young
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16
Federalism and Foreign Affairs in Canada
Charles-Emmanuel Côté
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17
Foreign Affairs Federalism in Switzerland
Roland Portmann
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18
Federalism and Foreign Affairs in India
Anamika Asthana andHappymoon Jacob
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19
Foreign Affairs Federalism in the European Union
Robert Schütze
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15
Foreign Affairs Federalism in the United States
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IV Engaging With, and Disengaging From, International Institutions
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20
Treaty Exit and Intrabranch Conflict at the Interface of International and Domestic Law
Laurence R. Helfer
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21
Constitutionalism and Internationalism: U.S. Participation in International Institutions
Paul B. Stephan
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22
Engagement and Disengagement with International Institutions: The U.K. Perspective
Paul Craig
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23
International Integration and its counter-Limits: A German Constitutional Perspective
Andreas L. Paulus andJan-Henrik Hinselmann
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24
State Engagement with Treaties: Interactions between International and Domestic Law
Hannah Woolaver
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25
Regional Organizations’ Relations with International Institutions: The EU and ASEAN Compared
Joris Larik
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20
Treaty Exit and Intrabranch Conflict at the Interface of International and Domestic Law
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V Domestic Application of International Law
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26
Treaty Self-Execution as “Foreign” Foreign Relations Law
Duncan B. Hollis andCarlos M. Vázquez
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27
The Domestic Application of International Law in British Courts
Shaheed Fatima
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28
The Domestic Application of International Law in Canada
Gib van Ert
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29
International law in Israeli Courts
Amichai Cohen
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30
International law in Japanese Courts
Hiromichi Matsuda
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31
International Law in Chinese Courts
Congyan Cai
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32
Domestic Application of International Law in Latin America
René Urueña
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33
Foreign Relations Law in the Constitutions and Courts of Commonwealth African Countries
Ernest Yaw Ako andRichard Frimpong Oppong
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34
The Application of International Law by the Court of Justice of the European Union
Mario Mendez
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26
Treaty Self-Execution as “Foreign” Foreign Relations Law
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VI Immunity, Comity, and Related Issues
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35
International Immunities in U.S. Law
David P. Stewart
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36
International Immunities in English Law
Philippa Webb
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37
South African Law on Immunities
Hennie Strydom
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38
Jurisdictional Immunities, Constitutional Values, and System Closures
Andrea Bianchi
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39
International Comity in Comparative Perspective
William S. Dodge
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40
Crown and Foreign acts of State Before British Courts: Rahmatullah, Belhaj, and the Separation of Powers
Eirik Bjorge andCameron Miles
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35
International Immunities in U.S. Law
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VII The Use of Military Force
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41
Techniques for Regulating Military Force
Monica Hakimi
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42
U.S. War Powers and the Potential Benefits of Comparativism
Curtis A. Bradley
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43
The USE of Military Force by the United Kingdom: The Evolution of Accountability
Katja S. Ziegler
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44
Military Operations Abroad Under the German Basic Law
Anne Peters
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45
Using Military Force and Engaging in Collective Security: The Case of France
Mathias Forteau
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46
Decisions in Japan to use Military Force or Participate in Multinational Peacekeeping Operations
Tadashi Mori
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41
Techniques for Regulating Military Force
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End Matter
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