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Treaties in Parliaments and Courts: The Two Other Voices

Treaties in Parliaments and Courts: The Two Other Voices

Author: Felix Lange
Publisher: Edward Elgar Publishing
ISBN: 9781035324347
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts’ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

With intellectual rigour, Felix Lange demonstrates how diverse conceptions of foreign relations law affect whether parliaments act as promoters, shapers or translators of human rights treaties, the Rome Statute to the International Criminal Court, and climate change treaties. Lange not only analyses the ways in which domestic courts rely on treaties through consistent interpretation and direct application, but also how they may dismiss treaty provisions as non-self-executing or employ the concept of non-justiciability in matters of foreign affairs. Ultimately, Lange embraces the view that parliaments and courts are being increasingly heard and suggests that their voices should become even louder.

This book will prove indispensable to academics and students interested in law and politics, public international law and constitutional law. Legal practitioners with a keen interest in these areas will similarly benefit from the connections drawn between international law and constitutional law.

Introduction to 'Treaties in Parliaments and Courts: The Two Other Voices'

PART I. PARLIAMENTS

Vetoing

Promoting

Shaping

Translating

PART II. COURTS

Consistent interpretation

Direct application

Evidence for custom

Rejection

10.