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.
|Publisher:||Cambridge University Press|
|Product dimensions:||5.98(w) x 9.02(h) x 1.34(d)|
About the Author
Campbell McLachlan QC is Professor of International Law at Victoria University of Wellington. He is a New Zealand Law Foundation International Research Fellow and sometime Visiting Fellow at All Souls College, University of Oxford. He has been President of the Australian and New Zealand Society of International Law and taught at The Hague Academy of International Law. He is a member of Essex Court Chambers (London) and Bankside Chambers (Auckland and Singapore).
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.