International Law, The U.S. Constitution, and the New World Order

International & National Security Law Practice Group Teleforum

In their new book, Taming Globalization, Julian Ku and John Yoo discuss the demands of globalization that will embroil American courts in the twenty-first century. Twenty-five percent of the U.S. economy depends on international trade; tens of millions of foreign citizens live in the United States; dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Professors Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. After providing their opening remarks, the authors will take questions from callers.

In their new book, Taming Globalization, Julian Ku and John Yoo discuss the demands of globalization that will embroil American courts in the twenty-first century. Twenty-five percent of the U.S. economy depends on international trade; tens of millions of foreign citizens live in the United States; dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Professors Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. After providing their opening remarks, the authors will take questions from callers.

Featuring:

• Prof. Julian Ku, Hofstra University School of Law
• Prof. John C. Yoo, University of California Berkeley School of Law

Call begins at 1:00 p.m. Eastern Time.

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