Foreign Relations Federalism

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.

Growing out of an international conference held in London in March 1992, this volume provides a study of the problem of managing foreign policy in federal states during a period of intensifying international interdependence. It examines the problem through a comparative study of American, Canadian, Australian, and German experience, and at the same time looks at related developments that are taking place within the European Community. Annotation copyright by Book News, Inc., Portland, OR

Foreign Relations in Federal Countries addresses questions such as: What constitutional powers do the federal governments and constituent states have to conduct foreign affairs? To what degree are relations between orders of government regularized by formal agreement or informal practice? What roles do constituent governments have in negotiation and implementation of international treaties? The volume offers a comparative perspective on the conduct of foreign relations in twelve federal countries: Argentina, Australia, Austria, Belgium, Canada, Germany, India, Malaysia, South Africa, Spain, Switzerland, and the United States.

How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.

This fifth book in the Global Dialogue series explores foreign policy in federal countries, which often varies among such countries and differs considerably from that of unitary countries. Foreign policy has traditionally been the responsibility of central governments. In countries with a unitary system of government this state of affairs is relatively unproblematic since most powers accrue to, and most public policy is conducted at, the national level. In federal countries, however, constitutional powers and responsibility for the conduct of public policy are shared between the federal government and constituent units - states, provinces, cantons, and so on - with each order of government responsible for a set of functions. Foreign Relations in Federal Countries addresses questions such as: What constitutional powers do the federal governments and constituent states have to conduct foreign affairs? To what degree are relations between orders of government regularized by formal agreement or informal practice? What roles do constituent governments have in negotiation and implementation of international treaties? The volume offers a comparative perspective on the conduct of foreign relations in twelve federal countries: Argentina, Australia, Austria, Belgium, Canada, Germany, India, Malaysia, South Africa, Spain, Switzerland, and the United States. Contributors include Francisco Aldecoa (Universidad Complutense de Madrid), George Anderson (Forum of Federations), Raoul Blindenbacher (Forum of Federations), Peter Bursens (Universiteit Antwerpen), Noé Cornago (University of the Basque Country), Earl Fry (Brigham Young University), Stefan Hammer (University of Vienna), Rudolf Hrbek (University of Tübingen), Happymon Jacob (University of Jammu), Eduardo Iglesias (Consejo Argentino para las Relaciones Internacionales), Andreas Kiefer (European Affairs Office, Land Salzburg), André Lecours (Concordia University), Francis Kok-Wah Loh (Universiti Sains Malaysia), Malcom MacLaren (University of Zurich), Françoise Massart-Piérard (Université Catholique de Louvain-la-Neuve), Amitabh Mattoo (University of Jammu), Hans J. Michelmann (University of Saskatchewan), Christina Murray (University of Cape Town), Salim A. Nakhjavani (University of Cape Town), Chandra Pasma (Forum of Federations), Daniel Thürer (University of Zurich), and Anne Twomey (University of Sydney)

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.

Federalism and International Relations is the first comparative study of an increasingly important phenomenon: the international role and activities of component units of major liberal democratic federal States. The first part of the book identifies common concepts and themes and explores the reasons for the proliferation of paradiplomatic activities by these non-traditional actors on the international scene. The subsequent chapters focus on the international role of subnational units in individual countries: Austria, Australia, Canada, the Federal Republic of Germany, Switzerland, and the USA.