Law

Gernot Biehler

Auswärtige Gewalt

Auswirkungen auswärtiger Interessen im innerstaatlichen Recht

[Foreign Powers. The Impact of Foreign Policy Interests on National Law.]

2005. XIV, 351 pages.

Jus Publicum 128

129,00 €
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cloth
ISBN 978-3-16-148447-6
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Published in German.
In a great variety of legal issues, e.g. extraditions, foreign trade, UN sanctions or building laws, foreign policy interests may be taken into consideration. If there is a conflict of foreign policy interests with individual fundamental or human rights, it is necessary to strike a balance. Legal practice is not accustomed to deal with this challenge. Gernot Biehler examines a large quantity of case material from various legal fields. On this background foreign policy interests may be understood as a legal category.
Foreign policy interests are used repeatedly in order to justify conduct which is not acceptable under the German Basic Law (Grundgesetz). These interests often lead to almost incomprehensible results and are difficult to understand. In all questions pertaining to extraditions, foreign trade, UN sanctions or building laws to be applied when building new embassies, foreign policy interests are taken into consideration in legal practice. When however there is a conflict with individual rights, it is necessary to weigh all the interests, and these are often not taken into consideration by foreign policy interests. Gernot Biehler examines a large quantity of case material from various legal fields, and in doing so succeeds in making foreign policy interests easier to understand.
Authors/Editors

Gernot Biehler Studium der Rechtswissenschaften in Berlin und Cambridge; 1993 Promotion; 2003 Habilitation, Prozessvertreter des Auswärtigen Amtes; Lecturer in Law am Trinity College Dublin.

Reviews

The following reviews are known:

In: Der Staat — 2006, 427–429 (Helmut Goerlich)
In: Allg.Ministerialbl.d.Bay.Staatsreg. — Jg.18 (2005), H.10, S.414
In: German Yearbook of Internat. Law — 2007, 853–855 (Ingo Winkelmann)