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Taming Globalization discusses the challenge to American constitutional law that arises out of our increasingly global society. The creation of dozens of international institutions, from the International Court of Justice to border commissions to the World Trade Organization, has given rise to a legal network that poses a challenge for American constitutional law. In response to this challenge, Julian Ku and John Yoo propose that domestic actors make use of “mediating devices” such as non-self-execution of treaties, recognition of the President’s authority to interpret international law, and a reliance on state implementation of international law and agreements. These devices, the authors argue, will help us resolve the legal challenges of globalization in a way that minimizes both constitutional and international difficulties.
Julian Ku, a professor at Hofstra University School of Law, is joined by critical commenter Martin Flaherty, the Leitner Family Professor of Law and Co-Founding Director of the Leitner Center for International Law and Justice at Fordham Law School, to discuss the book.