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Foreign relations federalism : the EU in comparative perspective /

How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the EU - itself a federal union in all but name - compare to that of other federal unions? This book addresses these questions. It offers a comparative analysis of the constitutional...

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Bibliographic Details
Main Author: Verellen, Thomas (Author)
Format: eBook
Language:English
Published: Oxford : Oxford University Press, Incorporated, 2023.
Edition:First edition.
Series:Oxford comparative constitutionalism.
Subjects:
European Union > Foreign relations.
European Union
Federal government.
United States > Foreign relations.
Canada > Foreign relations.
Belgium > Foreign relations.
États-Unis > Relations extérieures.
Canada > Relations extérieures.
Belgique > Relations extérieures.
LAW.
Constitutional.
Diplomatic relations
Federal government
International relations
Belgium
Canada
United States
International law.
Law.
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Intro
  • Title Page
  • Copyright Page
  • Contents
  • Case-law
  • Legal instruments and other documents
  • 1. Introduction
  • 1. A Comparative Perspective on EU Foreign Relations Federalism
  • 2. Federalism as a Combination of Self-Rule and Shared Rule
  • 3. Defining the 'Foreign' in Foreign Relations
  • 4. The Book's Structure: Two Parts, Four Building Blocks
  • 5. The Book's Findings: Different Approaches to Foreign Relations Federalism
  • Part I: Self-Rule
  • 2. Power Allocation in the US, Canada, and Belgium
  • 1. Introduction
  • 2. The United States: 'federal, but not wholly insulated from the states'
  • 2.1. Only the President Concludes International Agreements, but States Can Make Compacts
  • 2.2. Congress Has the Necessary Powers to Implement Treaty Obligations
  • 2.3. The President as the 'Sole Voice' of the Nation
  • 3. Canada: External Unity, Internal Diversity
  • 3.1. Treaty-Making as a Federal Royal Prerogative
  • 3.2. Implementing Treaties: 'There is no such thing as treaty legislation as such'
  • 3.3. External Representation: Federal in Principle, Shared in Practice
  • 4. Belgium: in foro interno, in foro externo
  • 4.1. Treaty-Making in Belgium: in foro interno, in foro externo
  • 4.2. Treaty Implementation: Parallelism All the Way Down
  • 4.3. External Representation: Federal in Principle, Shared in Practice
  • 5. Conclusion: Open versus Closed Federations
  • 3. Power Allocation in the EU
  • 1. Introduction
  • 2. Broad Treaty-Making Powers
  • 2.1. The Existence of EU External Competence: Not So Limited
  • 2.2. The Nature of EU External Competence: Shared, Most of the Time
  • 2.3. Non-Binding Agreements
  • 3. Implementing Treaties: No European Missouri v Holland
  • 4. External Representation in a Westphalian International Order
  • 5. Coda: Towards a Common EU Defence?
  • 6. Conclusion: A Very Open Federation
  • 4. Conflict Resolution in the US, Canada, and Belgium
  • 1. Introduction
  • 2. Canada: Political and Informal Mechanisms
  • 3. Belgium: Political and Formal Mechanisms
  • 3.1. The Suspension Mechanism
  • 3.2. The Substitution Mechanism
  • 4. United States: Judicial and Formal Mechanisms
  • 4.1. Introducing Pre-emption
  • 4.2. Federal Legislation, Federal Treaties, and Even Federal Executive Foreign Policy Can Pre-empt State Law
  • 4.3. A Foreign Relations Component Makes Pre-emption More Likely
  • 4.4. But Pre-emption Is Not Always Complete and Often Fragile
  • 5. Conclusion
  • 5. Conflict Resolution in the EU
  • 1. Introduction
  • 2. Political Mechanisms
  • 2.1. The Framework for FDI Screening
  • 2.2. The Information Exchange Mechanism in the Field of Energy
  • 2.3. The Air Service Agreements Screening Mechanism
  • 3. Judicial Mechanisms
  • 3.1. ERTA Pre-emption to Protect Pre-existing Common EU Rules