Foreign relations law of the United States encompasses both international law, which embodies the rules that determine the rights and obligations of states and international organizations, and that part of the domestic law of the United States that involves matters of s…
foreign relations in U.S. law
The domestic portion of foreign relations law primarily consists of federal law: Under the Constitution, the President is empowered to nominate and (upon the Senate's approval) appoint ambassadors and other public ministers and consuls. These representatives are then capable of acting with binding authority.
Consuls are the main diplomatic relations vehicle for the United States. A consul is an officer commissioned by a government to represent it in a foreign country within a consulate with the goal of protecting and promoting the interests of its citizens.
The states are not sovereign "states" under international law, since the Constitution does not vest them with a capacity to conduct foreign relations. They are specifically prohibited from entering into any treaty, alliance, or confederation (see Article 1, § 10). They may, however, prescribe and enforce rules of law having an effect on foreign relations unless the Constitution vests exclusive jurisdiction in the Federal Government and Congress has acted to occupy the field. For example, many foreign nationals who are present in the United States are subject to state law in ways that can have important consequences for U.S. foreign relations.
The rules of international law do not cover all aspects of the relations between the states. International law overlaps with foreign relations law to the extent that the domestic law of the United States includes rules giving effect to rules of international law, but does not cover the same subject matter. There are many areas in which the law of the United States determines the conduct of its foreign relations without reference to any international rule.
Federal Material
U.S. Constitution
• Article I, Section 8 - Congress' power to regulate commerce among the nations
• Article I, Section 10 - Limitation on states' power to conduct foreign relations
• Article II, Section 2 - Executive power to negotiate treaties
• Article III, Section 2 - Judicial power to resolve disputes involving an international party
• Article IV - Treaties of the United States
• CRS Annotated ConstitutionFederal Statutes
• U.S. Code: 22 U.S.C. - Foreign Relations and IntercourseFederal Agency Regulations
• Code of Federal Regulations: 22 C.F.R.Federal Judicial Decisions
• U.S. Supreme Court:
• Recent Foreign Relations Decisions
• liibulletin Oral Argument Previews
• Recent U.S. Court of Appeals Decisions on: Foreign Relations
International Material
Conventions and Treaties
• Collection of Multilateral Treaties - Fletcher School (Tufts)
• The European Union
• GATTInternational Organizations
• United Nations
• NATO
• Partnership for Peace Members
• International Monetary Fund
• International Federation of Red Cross and Red Crescent Societies
• World Bank
• World Health Organization (WHO)
Key Internet Sources
• Federal Agency: Department of State
• U.S. Senate
• Journals
• Cornell International Law Journal
• American University International Law Review
• Stanford Journal of International Law
The practical impact of foreign relations
foreign relations appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
foreign relations — procedural details
In practice, foreign relations is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.