Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study

Parliamentary Participation in the Making and Operation of Treaties:A Comparative Study : A Comparative Study

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This book represents the culmination of a project initiated in 1990 which brought together a group of judges, scholars and government officials to address the role of parliaments in the making and implementation of international treaty law. Treaties are increasingly employed to define the rights and obligations of individuals in the field of human rights, to regulate the participation of persons (both individual and corporate) across the broad spectrum of economic activity within and across national boundaries, as well as to control human activity as it impacts on the environment. These are matters which historically were largely within the regulatory competence of national authorities, but now are increasingly the subject of international legislation. But the role of the parliament with respect to the making of international legislation has remained substantially confined within a customary historical model. For the past several centuries, the national executive has played the principal role in the initiation, negotiation, conclusion and operation of treaties.
The parliament's role has been secondary, being largely confined to the approval or rejection of engagements proposed by the executive. Over the past decades there has been a movement in a number of countries toward a more active role for parliament, particularly with respect to demands to provide guidance to the executive. Nevertheless, while the historical distribution of treaty powers may remain appropriate in traditional areas of executive prerogative (for example, in the realm of political relations and national security), one must question the extent to which increased parliamentary participation is adequate in relation to the making of international law by treaty, particularly when the treaty is an instrument with national legislative effects. This volume is a resource for those who wish to pursue the question of the actual or desirable role of parliaments in the making and operation of treaties.
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Product details

  • Hardback | 612 pages
  • 171.45 x 254 x 38.1mm | 1,245g
  • Dordrecht, Netherlands
  • English
  • 1994 ed.
  • 612 p.
  • 0792317351
  • 9780792317357

Table of contents

Some Hints on the European Origins of Legislative Participation in the Treaty-Making Function; P. Haggenmacher. Country Reports: Europe. The Participation of Parliament in the Elaboration and Application of Treaties; F. Luchaire. The Participation of Parliament in the Treaty Process in the Federal Republic of Germany; J.A. Frowein, M.J. Hahn. The Role of Italian Parliament in the Treaty-Making Process; G. Bognetti. Parliamentary Participation in the Treaty-Making Process of the Netherlands; P. van Dijk, B.G. Tahzib. Parliamentary Participation in Treaty-Making, Report on Swiss Law; L. Wildhaber. Treaty-Making and the British Parliament; The RH Lord Templeman. Latin America. The Role of the Argentine Congress in the Treaty-Making Process; J.M. Ruda. The Treaty-Making Process under the 1988 Federal Constitution of Brazil; G.F.S. Soares. United States. The Role of the United States Senate concerning "Self-Executing" and "Non-Self-Executing" Treaties; L.F. Damrosch. The Constitutional Power of the United States Senate to Condition its Consent to Treaties; M.J. Glennon. The Scope of U.S. Senate Control over the Conclusion and Operation of Treaties; S.A. Riesenfeld, F.M. Abbott. The Role of the President, the Senate and Congress with respect to Arms Control Treaties concluded by the United States; P.R. Trimble, J.R. Weiss. Transcript. Supplementary Materials.
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