Section on International Law
Marina Salon D, South Tower/Level 3, San Diego Marriott Hotel & Marina
Taking International Law Seriously: Will the United States Abide by International Law that is a Law of Rules?
One or more presenters were selected from a call for papers.
For the world at large, the rule of law is a law of rules. Most states understand international law in this way. When the United States seemingly departs from those rules, the world criticizes us. Cynics say that we are just another superpower that does not want to be bound by rules. Might the explanation lie elsewhere: not in cynicism, but in different conceptions of law and of its application? When Americans look at international law, they look at it from a common law perspective. When American courts apply international law to facts, they do so as common law courts. Might this explain why Americans sometimes come to different conclusions about what international law requires than do their foreign counterparts?
Business Meeting at Program Conclusion
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