オックスフォード版 比較対外関係法ハンドブック The Oxford Handbook of Comparative Foreign Relations Law

著者名：Bradley, Curtis A. (EDT)

Oxford University Press（2019/06/07発売）

• 言語：ENG
• ISBN：9780190653330
• eISBN：9780190653354

Description

This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, 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 legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas.This book consists of 46 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 a wide range of 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, are increasingly 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. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Table of Contents

Preface Curtis A. BradleyNotes on the ContributorsPart I: Comparative Foreign Relations Law as a FieldChapter 1: Curtis A. Bradley, What is Foreign Relations Law?Chapter 2: Campbell McLachlan, Five Conceptions of the Function of Foreign Relations LawChapter 3: Karen Knop, Foreign Relations Law: Comparison as InventionChapter 4: Tom Ginsburg, Comparative Foreign Relations Law:A National Constitutions PerspectiveChapter 5: Oona A. Hathaway, A Comparative Foreign Relations Law Agenda:Opportunities and ChallengesChapter 6: Jenny S. Martinez, The Constitutional Allocation of Executive andLegislative Power Over Foreign Affairs: A SurveyChapter 7: Alejandro Rodiles, Executive Power in Foreign Affairs: The Case forInventing a Mexican Foreign Relations LawPart II. Making Treaties and Other International AgreementsChapter 8: Pierre-Hugues Verdier & Mila Versteeg, Separation of Powers,Treaty-Making, and Treaty Withdrawal: A Global SurveyChapter 9: Jean Galbraith, International Agreements and U.S. Foreign Relations Law:Complexity in ActionChapter 10: Stefan Kadelbach, International Treaties and the German ConstitutionChapter 11: Tadaatsu Mori, The Current Practice of Making and Applying InternationalAgreements in JapanChapter 12: Carlos Esposito, Spanish Foreign Relations Law and the Process forMaking Treaties and Other International AgreementsChapter 13: Jaemin Lee, Incorporation and Implementation of Treaties in South KoreaChapter 14: Marise Cremona, Making Treaties and Other International Agreements:The European UnionPart III. Federalism and Foreign AffairsChapter 15: Ernest A. Young, Foreign Affairs Federalism in the United StatesChapter 16: Charles-Emmanuel Côté, Federalism and Foreign Affairs in CanadaChapter 17: Roland Portmann, Foreign Affairs Federalism in SwitzerlandChapter 18: Anamika Asthana and Happymon Jacob, Federalism and Foreign Affairs in IndiaChapter 19: Robert Schütze, Foreign Affairs Federalism in the European UnionPart IV. Engaging With, and Disengaging From, International InstitutionsChapter 20: Laurence R. Helfer, Treaty Exit and Intra-Branch Conflict at the Interface ofInternational and Domestic LawChapter 21: Paul B. Stephan, Constitutionalism and Internationalism: U.S Participation inInternational InstitutionsChapter 22: Paul Craig, Engagement and Disengagement with International Institutions:The UK PerspectiveChapter 23: Andreas L. Paulus & Jan-Henrik Hinselmann, "International Integration and ItsCounter-Limits: A German Constitutional Perspective"Chapter 24: Hannah Woolaver, State Engagement with Treaties: Interactions Between International and Domestic LawChapter 25: Joris Larik, Regional Organizations' Relations with International Institutions:The EU and ASEAN ComparedPart V. Domestic Application of International LawChapter 26: Duncan B. Hollis & Carlos M. Vázquez, Treaty Self-Execution as"Foreign" Foreign Relations LawChapter 27: Shaheed Fatima, The Domestic Application of International Law inBritish CourtsChapter 28: Gib Van Ert, The Domestic Application of International Law in CanadaChapter 29: Amichai Cohen, International Law in Israeli CourtsChapter 30: Hiromichi Matsuda, International Law in Japanese CourtsChapter 31: Congyan Cai, International Law in Chinese CourtsChapter 32: Rene Urueña, Domestic Application of International Law in Latin AmericaChapter 33: Ernest Yaw Ako and Richard Frimpong Oppong, Foreign Relations Lawin the Constitutions and Courts of Commonwealth African CountriesChapter 34: Mario Mendez, The Application of International Law by the Court of Justiceof the European UnionPart VI. Immunity, Comity, and Related IssuesChapter 35: David P. Stewart, International Immunities in U.S. LawChapter 36: Philippa Webb, International Immunities in English LawChapter 37: Hennie Strydom, South African Law on ImmunitiesChapter 38: Andrea Bianchi, Jurisdictional Immunities, Constitutional Values,and System ClosuresChapter 39: William S. Dodge, International Comity in Comparative PerspectiveChapter 40: Eirik Bjorge & Cameron Miles, Crown and Foreign Acts of StateBefore British Courts: Ramatullah, Belhaj, and the Separation of PowersPart VII: The Use of Military ForceChapter 41: Monica Hakimi, Techniques for Regulating Military ForceChaper 42: Curtis A. Bradley, U.S. War Powers and the Potential Benefits of ComparativismChaper 43: Katja S. Ziegler, The Use of Force by the United Kingdom: The Evolution ofAccountabilityChapter 44: Anne Peters, Military Operations Abroad Under the German Basic LawChaper 45: Mathias Forteau, Using Military Force and Engaging in Collective Security:The Case of FranceChapter 46: Tadashi Mori, Decisions in Japan to Use Military Force or to Participate inMultinational Peacekeeping Operations