Extra-territorial application of fundamental rights and the constitutionalization of foreign policy

According to a traditional understanding, foreign policy is a crucial expression of State’s sovereignty, which faces very few constitutional limitations. National constitutions are mainly concerned about establishing whose power it is to conduct foreign affairs and sometimes they set out very broad aims, but they are generally not interpreted as imposing actual legal obligations on State powers. The idea of extra-territorial application of fundamental rights enshrined in national constitutions challenges this common understanding and calls for further reflection on the way we conceive the relation between gubernaculum and iurisdictio in the field of foreign affairs. Acknowledging that constitutionalism entails a partial juridification of foreign policy and developing feasible ways to make it justiciable are two important steps towards ensuring the full normativity of national constitutions and ultimately strengthening the commitment of States to human rights, sustainability, and peace.