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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Foreign Affairs

Helmut Philipp Aust

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
August 2017

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

Subject(s):
Separation of powers — Foreign law — International law — Foreign Affairs — Foreign affairs — Dignity and autonomy of individuals — Individual rights

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The domain of foreign affairs is referred to in constitutional law and its scholarship in order to demarcate the conduct of the foreign relations of a state from other, at first sight internal, matters. The idea that the conduct of foreign relations entails the requirement for a different set of rules, as opposed to the ‘regular’ affairs of a state, is rooted in a long intellectual tradition dating back to, among others, John Locke and his concept of the ‘federative power’. Likewise, the idea of a brutal state of nature in which individuals would find...
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