This chapter undertakes a comparative law tour of the domestic channels to express consent to be bound that underlie international law-making. We first explore the field of comparative domestic treaty law before we map the channels of consent in more detail. We then distinguish between formal representation of the state in treaty-making and substantive treaty powers in order to analyse domestic rules on parliamentary approval of treaties. We learn about the functions of parliamentary consent and about the modes and scope of parliamentary participation and its challenges. We then turn to the consequences of the applicable procedure on the status of treaties in domestic law. We will not miss to take a brief look at domestic channelling systems to express consent to be bound that also encompass the consent of the people (via referenda) and substate entities (in federal states). A final outlook will reflect on how shifts in the international legal order—informalisation and both populist and authoritarian tendencies—will impact on the domestic channels to express consent to be bound that we visited on our tour.
Sunday, November 20, 2022
Kleinlein: International Law-Making: Domestic Channels to Express Consent to be Bound
Thomas Kleinlein (Friedrich-Schiller-Universität Jena - Law) has posted International Law-Making: Domestic Channels to Express Consent to be Bound (in Research Handbook on International Law and Domestic Legal Systems, Helmut Philipp Aust, Heike Krieger, & Felix Lange eds., forthcoming). Here's the abstract: