Spanish Foreign Relations Law and the Process for Making Treaties and Other International Agreements
Oxford Handbook on Comparative Foreign Relations Law, Curtis A. Bradley ed., Oxford University Press, 2019, Forthcoming
15 Pages Posted: 2 Oct 2018
Date Written: August 16, 2018
This chapter explores the concept of a Spanish foreign relations law in two ways. First, it discusses scholarly texts on matters related to foreign relations law, domestic case law on the principle of universal jurisdiction, and national legislation on state immunity as evidence of a Spanish foreign relations law. Second, it deals with the process under Spanish law for making treaties and other international agreements, and issues arising from the conclusion and enforcement of the law of treaties in relation to autonomous communities. The chapter suggests that the Spanish conception of foreign relations law can be described as predominantly internationalist, with elements of allocative, constitutional, and diplomatic functions.
Keywords: foreign relations law, Spain, treaties, international agreements, jurisdictional immunities, universal jurisdiction, federalism
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