Taming Globalization: International Law, the U.S. Constitution, and the New World Order

In our increasingly global society, dozens of international institutions, from the International Court of Justice to border commissions to the World Trade Organization, cast a legal net across the globe. This presents an unavoidable challenge to American constitutional law, especially to the separation of powers and the allocation of powers between the national government and the States. In their new book, “Taming Globalization: International Law, the U.S. Constitution, and the New World Order,” Hofstra and Berkeley Law Professors Julian Ku and John Yoo propose that domestic actors should invoke “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, Ku and Yoo argue, will help us resolve this challenge in a way that minimizes both constitutional and international difficulties. Does this approach make sense? How faithful is it to our Constitution? To our traditions? To our international law obligations?

Panelists:

• Julian Ku, Hofstra University School of Law
• John Yoo, UC Berkeley School of Law
• Martin Flaherty, Fordham University School of Law
• Jeremy Rabkin, George Mason University School of Law
• Moderator: Jennifer Rubin, Washington Post
• Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society