Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 0199355908

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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Federal Constitutions and International Relations

Federal Constitutions and International Relations
Author: John Trone
Publisher: Macmillan
Total Pages: 212
Release: 2001
Genre: Fiction
ISBN: 9780702232411

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A comprehensive analysis of one of the most politically controversial issues in Australian law - the implementation of treaties by the federal government. Unique in Australian books on legal issues, this rigorous analysis of constitutional law examines relevant cases and legislation from Australia, Canada, the USA, Germany, Switzerland, Austria, Malaysia, and India. Including a comprehensive list of cases and a full index, this book will be of exceptional interest to practitioners, teachers and students of constitutional and international law.

Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 019049980X

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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

From Dual to Cooperative Federalism

From Dual to Cooperative Federalism
Author: Robert Schütze
Publisher: Oxford University Press, USA
Total Pages: 428
Release: 2009-10-15
Genre: Law
ISBN: 0199238588

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What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.

Federalism, and Supranational Organizations

Federalism, and Supranational Organizations
Author: Peter Hay
Publisher: Urbana : University of Illinois Press
Total Pages: 356
Release: 1966
Genre: Political Science
ISBN:

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Case studies of the ECSC, the EURATOM and the EC to illustrate theoretical and practical problems in connection with the legal aspects of the relationship of such governmental international organizations to their member nations - covers the legal status and structure of such organisations, aspects of international law and jurisprudence, economic integration, etc., and includes comments on relevant constitutional law. Bibliography pp. 309 to 330.

International Law and Australian Federalism

International Law and Australian Federalism
Author: Brian R. Opeskin
Publisher:
Total Pages: 414
Release: 1997
Genre: Law
ISBN:

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International law-making has been expanding enormously. More than 50,000 treaties have been concluded since the United Nations began, and Australia is now a party to over 900 conventions and treaties. International law affects our understanding of human rights, criminal law, the environment, international trade, intellectual property and industrial relations. Over the past forty years many nations have recognised their growing interdependence, as international law has become more involved in their structures and workings. The old focus upon external relations between nations has broadened to include events within nations. International bodies, such as the UN Human Rights Committee, now scrutinise the conformity of Australian law with international norms. Australian courts have consequently given greater recognition to international law, even in cases where Australia has not yet implemented the relevant treaty in domestic law. Federal Parliament is now able to use international treaties as a basis for domestic law, and this has dramatically affected the traditional division of legislative authority between state and federal spaces. "International Law and Australian Federalism" is a collection of essays by prominent Australian academics, government lawyers and judges in the fields of international and constitutional law. It explores issues fundamental to the development of Australia's legal system. These issues must also concern policy makers in the political sphere, as we move towards a greater globalisation and closer international relations.

Federalism and Legal Unification

Federalism and Legal Unification
Author: Daniel Halberstam
Publisher: Springer Science & Business Media
Total Pages: 554
Release: 2013-11-21
Genre: Law
ISBN: 9400773986

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How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam