Comparative Foreign Affairs Law (LAWS90084)

Constitutions in most countries grant power over external affairs to national (not sub-national) governments and to the political branches (not the courts). However, the allocation of governmental power over external affairs is changing in response to changing conditions. In recent years, executive officials have responded to novel national security threats by appropriating power previously exercised by legislatures. The rapid growth of cross-border activities has given domestic courts a greater role in cases implicating external affairs. The global diffusion of international human rights norms has shifted responsibility for compliance with international legal obligations from national to sub-national governments. The subject will explore these developments. Students interested in the intersection between law and foreign affairs will benefit from this subject.

Professor Sloss is an internationally renowned expert in both United States foreign affairs law and comparative constitutional law.

This subject provides a comparative perspective on the allocation of governmental power over the conduct of external affairs. Subject materials will draw primarily from four countries: Australia, Canada, the United Kingdom and the United States.

Principal topics include:

• An overview of constitutional structure in Australia, Canada, the United Kingdom and the United States
• The division of foreign affairs powers between national and sub-national governments (focusing on Australia, Canada and the United States)
• The division of foreign affairs powers between the legislative and executive branches (focusing on the four main countries, plus Israel)
• The role of the judiciary in cases implicating both external affairs and individual rights (focusing on the four main countries, plus South Africa)
• The scope of immunity granted to foreign sovereigns in the domestic courts of other states (focusing on the four main countries, plus New Zealand).