Suchergebnisse

Curtis Bradley / What is foreign relations law? -- Campbell McLachlan / Five conceptions of the function of foreign relations law -- Karen Knop / Foreign relations law : comparison as invention -- Tom Ginsburg / Comparative foreign relations law : a national constitutions perspective -- Oona A. Hathaway / A comparative foreign relations law agenda : opportunities and challenges -- Jenny S. Martinez / The constitutional allocation of executive and legislative power over foreign affairs : a survey --Alejandro Rodiles / Executive power in foreign affairs : the case for inventing a Mexican foreign relations law -- Pierre-Hugues Verdier & Mila Versteeg / Separation of powers, Treaty-making, and treaty withdrawal : a global survey -- Jean Galbraith / International agreements and U.S. foreign relations law : complexity in action -- Stefan Kadelbach / International treaties and the German Constitution -- Tadaatsu Mori / The current practice of making and applying international agreements in Japan -- Carlos Esposito / Spanish foreign relations law and the process for making treaties and other international agreements -- Jaemin Lee,/ Incorporation and implementation of treaties in South Korea -- Marise Cremona / Making treaties and other international agreements : the European Union -- Ernest A. Young / Foreign affairs federalism in the United States --Charles-Emmanuel Côté / Federalism and foreign affairs in Canada -- Roland Portmann / Foreign affairs federalism in Switzerland -- Anamika Asthana and Happymon Jacob / Federalism and foreign affairs in India -- Robert Schütze / Foreign affairs federalism in the European Union -- Laurence R. Helfer / Treaty exit and intra-branch conflict at the interface of international and domestic law -- Paul B. Stephan / Constitutionalism and internationalism : U.S. participation in international institutions -- Paul Craig / Engagement and disengagement with international institutions : the UK perspective -- Andreas L. Paulus & Jan-Henrik Hinselmann / International integration and its counter limits : a German constitutional perspective -- Hannah Woolaver / State engagement with treaties : interactions between international and domestic law -- Joris Larik / Regional organizations' relations with international institutions : the EU and ASEAN compared -- Duncan B. Hollis & Carlos M. Vázquez / Treaty self-execution as "foreign" relations law -- Shaheed Fatima / The domestic application of international law in British courts -- Gib Van Ert / The domestic application of international law in Canada -- Amichai Cohen / International law in Israeli courts -- Hiromichi Matsuda / International law in Japanese courts -- Congyan Cai / International law in Chinese courts -- Rene Urueña / Domestic application of international law in Latin America -- Ernest Yaw Ako and Richard Frimpong Oppong / Foreign relations law in the constitutions and courts of Commonwealth African countries -- Mario Mendez / The application of international law by the Court of Justice of the European Union -- David P. Stewart / International immunities in U.S. law -- Philippa Webb / International immunities in English law -- Hennie Strydom / South African law on immunities -- Andrea Bianchi / Jurisdictional immunities, constitutional values, and system closures -- William S. Dodge / International comity in comparative perspective -- Eirik Bjorge & Cameron Miles / Crown and foreign acts of state before British courts : Ramatullah, Belhaj, and the separation of powers -- Monica Hakimi / Techniques for regulating military force -- Curtis A. Bradley / U.S. war powers and the potential benefits of comparativism -- Katja S. Ziegler / The use of force by the United Kingdom : the evolution of accountability -- Anne Peters / Military operations abroad under the German basic law -- Mathias Forteau / Using military force and engaging in collective security : the case of France -- Tadashi Mori / Decisions in Japan to use military force or to participate in multinational peacekeeping operations

Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons-including noncitizens, also known as "aliens." Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for the expulsion of noncitizens still remains uncertain and is in a constant state of evolution in multiple directions. Indeed, a mix of situational progression and regression characterizes these regimes. The proper balance between personal liberty, due process, and equal protection on the one hand-and security, economic and related governmental and other common societal interests on the other, has proven elusive. This article attempts to identify the minimum international standards that apply to the expulsion of aliens in times of war and peace, and measure these international standards against those that apply in the United States and European Union. By so doing, it intends to highlight the congruity and disjuncture between the international standards and the standards that apply in the United States and European Union, and extricate the best practices that they could learn from each other.

This 46-chapter book, written by leading experts across the globe, compares and contrasts the foreign relations law of nations around the world, both documenting important differences and also noting commonalities and emerging trends. 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.

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.

This Article examines the influences of foreign law on Japanese labor relations law and the process by which foreign legal concepts have been domesticated, focusing in particular on the provisions, interpretation, and operation of the Trade Union Law of 1949. Acting on the constitutional right to organize and to bargain and act collectively, the Japanese Diet established the framework for Japanese labor relations law by enacting the Trade Union Law of 1945 which was subsequently amended in 1949. While European constitutions appear to be the model for the constitutional provision regarding the right of workers to organize and German influence has been substantial in the realm of statutory interpretation, American influence, as exerted through the General Headquarters during the Allied Occupation of Japan following World War II, was predominant in the final provisions of the Trade Union Law of 1949. Despite these foreign influences, however, there has been significant domestication in the substance of the legislation itself, and in its interpretation and actual operation. The less adversarial model of industrial relations has had a marked impact on domestication. Thus, the Japanese system offers a unique model of labor relations law from which other countries may learn.

Investors and the Chinese government tout the March 2010 authorization of the Foreign Invested Partnership as an exciting new method for foreign investment in China. However, this comment argues that the Foreign Invested Partnership is not likely to become a vibrant short or long-term platform for foreign direct investment. The historical trends of China's three other vehicles for foreign direct investment from 1979 to the present provide two key conclusions. First, foreign investors will not utilize Foreign Invested Partnerships until they receive detailed implementing regulations from China's central government. Second, support or restrictions from the Chinese government can drive or inhibit use of an investment vehicle. China's Foreign Invested Partnership lacks detailed regulations, and is also not likely to receive them in the future because of increased involvement with local authorities. Additionally, it is not likely to receive support from the Chinese government because of lingering suspicions of the partnership enterprise and an ongoing political transition. Because foreign investors will shy away from this unpredictability, the Foreign Invested Partnership is not likely to be widely utilized in the short or long term. The author recommends that Foreign Invested Partnership proponents overcome these hurdles by pushing for detailed, favorable regulations for equity investment-focused Foreign Invested Partnerships.

Taiwan is an excellent example for rethinking the significance of translation and codification of law in the process of transplantation of modern law in East Asian countries. Regardless of its strangeness to the general public, the translation of Western laws was always codified in Meiji Japan for the purpose of "receiving" modern law. Those Westernized Japanese legal codes also took effect in Taiwan during the later period of Japanese colonial rule, although Japanese colonialists initially applied Taiwanese customary law, created by Western legal terminology, to the Taiwanese to decrease their resistance to the new regime. Using foreign Japanese language to learn Western institutions in legal codes, the Taiwanese could only transplant modern law to a certain extent. This situation continued even after the Chinese Nationalist Party brought their Westernized legal codes to Taiwan in 1945. Since the 1970s, however, those Taiwanese legal scholars who were educated in postwar Europe, Japan, and the United States have actively translated contemporary Western laws to suit the needs of Taiwanese society. Accompanying the democratization of Taiwan in the 1990s, many local legal practices were incorporated in the legal codes originally enacted for Republican China. As Taiwan's case shows, the spirit of modern law is transplanted to an East Asian country after its legal codes have been localized.