Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation

This paper examines the development, by late medieval ius commune jurists, of a notion of diplomatic representation which is rooted in the doctrine of private law agency. In particular, it endeavours to study the basis and limits of ambassadors’ negotiating powers, by analysing some issues relating...

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Main Author: Dante Fedele
Format: Article
Language:fra
Published: Association Clio et Themis 2020-06-01
Series:Clio@Themis
Subjects:
Online Access:https://journals.openedition.org/cliothemis/304
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author Dante Fedele
author_facet Dante Fedele
author_sort Dante Fedele
collection DOAJ
description This paper examines the development, by late medieval ius commune jurists, of a notion of diplomatic representation which is rooted in the doctrine of private law agency. In particular, it endeavours to study the basis and limits of ambassadors’ negotiating powers, by analysing some issues relating to procuration and the ratification of treaties. The conclusion illustrates the persistence of the central role of this notion of diplomatic representation in the discussion of the matter right up until the late eighteenth century, thus allowing us to appreciate the importance of the contribution made by late medieval ius commune to the early modern discussion of the status of the ambassador.
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spelling doaj-art-59e88c05ed194b9ab8f435e69cbf64022025-08-20T01:54:54ZfraAssociation Clio et ThemisClio@Themis2105-09292020-06-011810.35562/cliothemis.304Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representationDante FedeleThis paper examines the development, by late medieval ius commune jurists, of a notion of diplomatic representation which is rooted in the doctrine of private law agency. In particular, it endeavours to study the basis and limits of ambassadors’ negotiating powers, by analysing some issues relating to procuration and the ratification of treaties. The conclusion illustrates the persistence of the central role of this notion of diplomatic representation in the discussion of the matter right up until the late eighteenth century, thus allowing us to appreciate the importance of the contribution made by late medieval ius commune to the early modern discussion of the status of the ambassador.https://journals.openedition.org/cliothemis/304ius communediplomatic representationnegotiating powerratification of treatiesprivate law analogies in international law
spellingShingle Dante Fedele
Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation
Clio@Themis
ius commune
diplomatic representation
negotiating power
ratification of treaties
private law analogies in international law
title Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation
title_full Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation
title_fullStr Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation
title_full_unstemmed Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation
title_short Between private and public law : The contribution of late medieval ius commune to the conceptualisation of diplomatic representation
title_sort between private and public law the contribution of late medieval ius commune to the conceptualisation of diplomatic representation
topic ius commune
diplomatic representation
negotiating power
ratification of treaties
private law analogies in international law
url https://journals.openedition.org/cliothemis/304
work_keys_str_mv AT dantefedele betweenprivateandpubliclawthecontributionoflatemedievaliuscommunetotheconceptualisationofdiplomaticrepresentation