Treaties in Parliaments and Courts

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Treaties in Parliaments and Courts

The Two Other Voices

9781035324347 Edward Elgar Publishing
Felix Lange, Professor of Public Law, International and European Law, Law Department, University of Cologne, Germany
Publication Date: March 2024 ISBN: 978 1 03532 434 7 Extent: 352 pp
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts’ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

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Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts’ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

With intellectual rigour, Felix Lange demonstrates how diverse conceptions of foreign relations law affect whether parliaments act as promoters, shapers or translators of human rights treaties, the Rome Statute to the International Criminal Court, and climate change treaties. Lange not only analyses the ways in which domestic courts rely on treaties through consistent interpretation and direct application, but also how they may dismiss treaty provisions as non-self-executing or employ the concept of non-justiciability in matters of foreign affairs. Ultimately, Lange embraces the view that parliaments and courts are being increasingly heard and suggests that their voices should become even louder.

This book will prove indispensable to academics and students interested in law and politics, public international law and constitutional law. Legal practitioners with a keen interest in these areas will similarly benefit from the connections drawn between international law and constitutional law.
Critical Acclaim
‘In international legal thought and practice, the making as well as the implementation of treaties are often approached in a one-dimensional way, namely as exclusively falling within the domain of the executive’s foreign relations prerogatives. In his exciting new book, Lange reminds us of the limits of such simplistic way of thinking about international treaties and convincingly demonstrates the need to look at domestic parliaments’ and courts’ hold of the making and the life of treaties. In doing so, Lange provides the reader with a novel and insightful way to look not only at the making and the life of treaties but also at the relations between international law and domestic law.’
– Jean d’Aspremont, Sciences Po Law School, France and University of Manchester, UK

‘Felix Lange’s book Treaties in Parliaments and Courts: The Two Other Voices is a methodologically thorough, insightful, timely and therefore very welcome contribution to the comparative research on foreign relations law. With its innovative focus on parliaments and courts, it is highly recommended to everyone interested in this trending field.’
– Thomas Kleinlein, Walther Schücking Institute for International Law, Germany
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