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Foreign Affairs Federalism - The Myth of National Exclusivity (Hardcover)
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Foreign Affairs Federalism - The Myth of National Exclusivity (Hardcover)
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In the U.S. legal system, the federal government has traditionally
been the only rightful arena for the conduct of foreign affairs,
especially in the case of national security, military action,
international trade, and treaty-making. However, the pervasiveness
of globalization and the attendant ease of cross-border
interactions, with implications for commerce and terrorism, have
brought U.S. states, counties, and municipalities increasingly into
the federal government's long-standing province of international
relations. For example, states now forge trade relationships with
foreign governments through energy and investment contracts that
very much resemble treaties. If a foreign sovereign violates any of
these contracts or statutes, then civil or criminal action against
that sovereign could interfere with the U.S. federal government's
diplomatic relations overseas. Consequently, the legal status of
states and local governments in the conduct of foreign affairs is
unclear and in need of thoughtful analysis and guidance. In Foreign
Affairs Federalism, Michael Glennon and Robert Sloane study the
constitutional allocation of foreign affairs powers between the
federal government and the states. They explain the current law
clearly and accessibly, identifying those areas where the law can
be confidently ascertained. Where the law cannot be determined,
they suggest the most plausible or compelling perspectives on
existing doctrine. They also appraise existing doctrine against the
background of the diverse and incompatible goals and challenges
facing the United States in the twenty-first century.
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