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Treaty Law and National Legislative Politics

Research Handbook on the Politics of International Law (Edward Elgar) (2016)

33 Pages Posted: 6 Dec 2016  

Kevin L. Cope

University of Virginia - School of Law

Date Written: December 3, 2016

Abstract

Legislatures are critical to international law governance for two related reasons. First, most are involved in several stages of treaty creation and operation, including their formation, interpretation, implementation, and application. Second, this impact is compounded by legislators’ different preferences concerning international governance issues and state behavior. Despite these things, the international law (IL) and international relations (IR) literatures have given legislatures’ fairly little attention. For its part, IL scholarship has focused its domestic attention almost entirely on courts and executives in foreign relations. Yet how IL operates in national governments is commonly a result of non-legal, political processes. Studies that purport to gauge how IL affects a domestic legal system should therefore consider how statutory interpretations are often the foundation for later judicial and executive interpretations. IL research should more closely consider the determinants of legislative domestic interpretation. In contrast, IR scholarship has traditionally (though less so recently) explained international behavior by assuming a unitary state interest, thereby overlooking the substantial variety of legislative influences on state behavior. More of this research should take seriously the lessons of the liberal IR school: for instance, that a state’s externally expressed preference often depends on how that preference is aggregated domestically through lawmaking processes. Importantly, that preference aggregation can change based on subject matter (executive agreement, military action, treaty, customary law formation) and on domestic political winds.

Keywords: international law, legislatures, international relations, foreign relations, treaties

Suggested Citation

Cope, Kevin L., Treaty Law and National Legislative Politics (December 3, 2016). Research Handbook on the Politics of International Law (Edward Elgar) (2016). Available at SSRN: https://ssrn.com/abstract=2880031

Kevin Cope (Contact Author)

University of Virginia - School of Law ( email )

580 Massie Road
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Charlottesville, VA 22903
United States

HOME PAGE: http://www.kevinlcope.com

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