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MPA611Unit41.pdf

MPA 611

Public and Administrative Law

Belhaven University

Unit 4

Foreign Law and Policy

1

■ “Foreign Policy” Defined

■ Goals of Foreign Policy

■ Historical Context and Foundations of Foreign Policy

■ Treaties and Executive Agreements

■ The Role of Each Governmental Branch in Foreign

Policy

■ Process of Creating Foreign Policy

■ Contemporary Foreign Policy Issues

2

Unit 4 Topics

■ Romans 3:19-31-- Now we know that whatever the law

says, it says to those who are under the law, so that

every mouth may be silenced and the whole world held

accountable to God. Therefore, no one will be declared

righteous in God’s sight by the works of the law; rather,

through the law we become conscious of our sin.

3

Biblical Foundation

■ Romans 7 -- The Law and Sin ❑ So I find this law at work: Although I want to do good, evil

is right there with me. … Thanks be to God, who delivers

me through Jesus Christ our Lord! I myself in my mind am

a slave to God’s law, but in my sinful nature a slave to the

law of sin. (v. 21, 25)

■ Oppression of foreigners

❑ Exodus 22:21, 23:9

❑ Leviticus 19:33

❑ Deuteronomy 10:19

4

Biblical Foundation, cont.

■ Sovereignty ❑ States have the right to operate as autonomous

actors in the international political system.

■ Foreign Policy

❑ State’s reaction to and interaction with other states

and non-state actors, such as terrorist groups

❑ Explains the behavior of government, shapes

national policies, and influences relations among

nation-states

5

Key Terms

■ Nation

❑ A named, human community residing in a perceived homeland,

and having common myths and a shared history, a distinct

public culture, and common laws and customs for all members.

❑ Not a state and need not be affiliated with a state

❑ Often does seek recognition, nationhood, sovereignty, and

territory

■ State

❑ Governing body, defined by a sovereign territory, borders, and a

populace

❑ Has authority to promulgate laws, regulate policy, collect taxes,

and maintain military and police force

❑ Impacts the political, economic, and social well-being of its

inhabitants

6

Nation-State System

■ Stated in the mission of U.S. Department of State ❑ To shape and sustain a peaceful, prosperous, just, and

democratic world and foster conditions for stability and

progress for the benefit of the American people and people

everywhere

■ Directly relates to the U.S. diplomatic, political,

economic, social, military, security, and humanitarian

interests

■ Monroe Doctrine ❑ Critical element of U.S. foreign policy that warned European

states (Old World) against future colonization and

interference in the New World, while also affirming the U.S.

policy of non-interventionism toward European countries

7

Goal of U.S. Foreign Policy

■ Intergovernmental organization of 193 member

states (originally 51), formed June 26, 1945

■ Mission to facilitate international cooperation and

prevent future conflict

■ Permanent members of U.N. Security Council

❑ U.S.

❑ Soviet Union

❑ China

❑ France

❑ UK

8

United Nations

■ 29 member states (originally 12) formed in 1949

■ Purpose is to guarantee freedom and security of its

members through political and military means

■ Collective defence clause -- an attack against one

or several of its members is considered as an attack

against all

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North Atlantic Treaty Organization (NATO)

■ Isolationist

❑ Retreats from active leadership role with regard to

world affairs

❑ Primarily focused on national and domestic concerns

■ Internationalist ❑ Pursuit of policies that are outward looking and

support a leadership role with respect to world affairs

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Role of President in Crafting Foreign Policy

■ Appoints the Secretary of State (head of U.S.

Department of Secretary)

■ Negotiates and enters into international agreements and

treaties

■ Issues executive orders and executive agreements

■ Hosts and attends summit meetings

■ Appoints ambassadors of the U.S. Foreign Service

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Essential Presidential Powers Related to

Foreign Policy

■ Make treaties ❑ Subject to ⅔ concurrence of Senators present

■ Appoint ambassadors, other public ministers and

consuls, judges of the Supreme Court, and all other

officers of the U.S. established by law ❑ Consent of Senate

■ Executive Agreements ❑ Senate approval not required

12

Limitations on Presidential Powers

■ Diplomacy -- building relationships

❑ Unilaterally

❑ Bilaterally

❑ Multilaterally

■ Foreign aid

■ Economic sanctions

13

Presidential Tools of Foreign Policy

■ Complete reading assignments.

■ Complete writing assignments.

■ Answer discussion questions.

■ Complete unit quiz.

14

What’s Next?

■ Fandl, K. J. (2019). Law and public policy. New

York, NY: Routledge.

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References