Paying Decent Respect to International Tribunal Rulings, 96 Proceedings of the American Society of International Law 45 (2002)
Let me comment on Mark Weisburd's provocative, but fundamentally overdrawn, presentation regarding "vertical" conflicts between international and national tribunals. On the one hand, Professor Weisburd sets up and attacks a straw man-the "bindingness" of international tribunal decisions on U.S. domestic courts-a proposition for which no one is seriously arguing. Second, he waves a red herring-the potential unconstitutionality of domestic judicial decisions that choose to follow international law precedents. On closer examination, I would argue, it becomes clear that neither of these propositions is really at stake in the cases that currently vex the U.S. courts.
Date of Authorship for this Version
Koh, Harold Hongju and Weisburd, A. Mark, "Paying Decent Respect to International Tribunal Rulings" (2002). Faculty Scholarship Series. Paper 2110.