Federal Constitutions and International Relations
In an age of globalisation the foreign relations powers of federal governments have assumed great prominence. This is the first analysis of this controversial topic to examine the external affairs of the Australian federal government in an international context. Jurisdictions examined include Australia, the United Stated, Canada, Germany, Switzerland, Austria, India, and Malaysia. This wide-ranging international perspective provides an extended journey into comparative constitutional law. Further, it argues that the federal division of legislative power in the absence of treaty should not govern the implementation of treaties in a federal system. A full index and table of cases are included.
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INTERNATIONAL LAW AND DOMESTIC LEGAL INCAPACITY
THE ROLE OF SUBNATIONAL GOVERNMENTS
THE DOMESTIC LEGAL STATUS OF TREATIES
FRAGMENTED TREATY IMPLEMENTATION IN FEDERAL STATES
UNIFIED TREATY IMPLEMENTATION IN FEDERAL STATES
Amendment American Journal American Law Institute Application Australian Constitution Austria Brennan Bricker Bricker Amendment BVerfGE Canada Canadian Canberra cantonal Commercial Arbitration Act Committee on Treaties Commonwealth v Tasmania Cong Const of Switzerland Constitutional Law Convention Act Decisions DLR 4th domestic law Enforcement European European Union external affairs power Extradition F Supp federal clauses Federal Constitutional federal government Foreign Affairs Foreign Relations Germany Hague Henkin hereafter High Court implement treaties Implementation Act implementation of treaties India international agreements International Law Journal of International JSCT June Koowarta Labour Conventions Law Journal Law Review Legal Louis Henkin Luzius Wildhaber Malaysia October Parliament power to implement Ratification Report Senate statute subnational governments supra n 19 supra n 41 supremacy clause Supreme Court Switzerland ternational Territory tion tional treaties concerning treaty implementation treaty power Treaty-making Power United Kingdom UNTS Vienna Convention Wildhaber