Comparative Foreign Relations Law and Democratic Accountability

Catalog description

This course will consider some of the legal issues common to constitutional democracies, as well as to the European Union (EU) as a supranational entity, in allocating authority in the conduct of foreign affairs. These issues include the distribution of powers between the legislative and executive branches relating to topics such as the making and unmaking of treaties, the conduct of diplomatic relations, and the use of military force. They also concern the constitutional and other questions that can arise when nations delegate sovereign authority to international institutions. The first half of the course will compare and contrast how various constitutional democracies address common legal issues relating to foreign affairs. The second half will focus on how these issues are addressed within the system of external relations of the European Union and its Member States. Contemporary examples, such as the UK Supreme Court's decision concerning 'Brexit,' will be emphasized.