Foreign Relations Law (LAWS0363)

Foreign Relations Law is the law that relates to the exercise of foreign policy, including the use of force, the recognition of governments and the conclusion and termination of international agreements.  

Our course module provides an introduction to the way law shapes foreign policy. It explains the public law and private law liability of foreign policy actors, not all of whom are governments. It connects doctrines of public law, public international law and private international law, in comparative context. It also engages with recent, high-profile developments including Miller (on the power to withdraw from an international treaty), Rahmatullah (on Crown act of state), Al-Waheed (on the application of Article 5 ECHR to an armed conflict and its relationship with IHL), Belhaj (on foreign act of state) and Maduro (on recognition of foreign governments and foreign act of state). 

The course module asks how lawyers can hold the state accountable for its foreign policy? Which legal obstacles need to be surmounted before the state can be held accountable? Should cases that engage foreign policy receive special treatment?

Module Syllabus

Introduction 

The Separation of Powers 

Domestic, Foreign and International Law 

The Foreign Affairs Prerogative 

Treaties 

Recognition of states and governments 

Diplomatic and consular immunities 

Acts of state 

Sovereign claims.  

Conclusion

Recommended Materials

Module reading lists and other materials will be provided via online module pages, once students have selected the course on enrolment. 

Key information