Foreign Relations Law

Administrative / Constitutional Law › International Law

Foreign Relations Law

By Campbell McLachlan
Cambridge University Press July 2016

Specifications

ISBN-13
9780521728508
Publisher
Cambridge University Press
Publication
July 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system.

Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.

Table of Contents

Part I. Sources:
1. Function
2. Development
3. Interaction between international and national law

Part II. The Foreign Relations Power:
4. Executive
5. Legislature
6. Judiciary

Part III. Foreign Relations and the Individual:
7. Civil claims against the State
8. Human rights claims
9. Diplomatic protection

Part IV. The Foreign State:
10. Personality and representation
11. The claimant State
12. The defendant State.
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