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  • 2 - Foreign Relations Law As a Bargaining Tool?

  • from Part I - Identities and Interaction
  • Edited by Helmut Philipp Aust, Freie Universität Berlin, Thomas Kleinlein, Friedrich-Schiller-Universität, Jena, Germany
  • Book:
    Encounters between Foreign Relations Law and International Law
    Published online:
    20 May 2021
    Print publication:
    03 June 2021, pp 23-45
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  • Summary

    While it is widely accepted that foreign relations law determines the domestic competences for international treaty-making and the place and status of international law in the respective domestic systems, the more informal and contextual influence of foreign relations law on international treaty making is understudied. With reference to the US position on the Paris Agreement on Climate Change, I argue that domestic foreign relations law at times shapes the negotiation process by limiting possible outcomes. At the same time domestic foreign relations law might be used as a bargaining tool to push other states to sign onto a particular negotiating position. Even though foreign relations law can unfold this power only under very specific circumstances, the example demonstrates potential effects of domestic constitutional design for the international legal system.