{"title":"The Domestic Standing of International Law: A Non-State Account","authors":"Tamar Megiddo","doi":"10.2139/SSRN.3191064","DOIUrl":null,"url":null,"abstract":"Despite its central contribution to the construction of the global legal order, the United States has long been perceived to exclude itself from the reach of international law. Its exceptionalist image has been reinforced by statements of political leaders, federal law provisions, and court decisions. This Article argues, however, that in order to appropriately assess international law’s standing in the United States, one must consider not only the position of its formal government but also the interpretation, application, and challenge of international law by non-State actors. Moreover, it stresses the importance of studying not only elite actors’ engagement with international law but also that of individuals, groups, and organizations outside the formal bureaucracy.\r\n\r\nThe Article surveys interventions by government officials, producers, consumers, and civil society representatives in the context of a U.S. policy-making process initiated pursuant to a World Trade Organization ruling. It shows that, contrary to the United States’ exceptionalist image, U.S. actors of all stripes invoked and relied on international law extensively, thereby carving a space for it as a non-negligible consideration in the decision-making process. Therefore, the Article argues that accounting for non-State stakeholders is imperative in evaluating the domestic standing of international law.","PeriodicalId":45475,"journal":{"name":"Columbia Journal of Transnational Law","volume":"57 1","pages":"494-534"},"PeriodicalIF":1.2000,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Columbia Journal of Transnational Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.3191064","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 2
Abstract
Despite its central contribution to the construction of the global legal order, the United States has long been perceived to exclude itself from the reach of international law. Its exceptionalist image has been reinforced by statements of political leaders, federal law provisions, and court decisions. This Article argues, however, that in order to appropriately assess international law’s standing in the United States, one must consider not only the position of its formal government but also the interpretation, application, and challenge of international law by non-State actors. Moreover, it stresses the importance of studying not only elite actors’ engagement with international law but also that of individuals, groups, and organizations outside the formal bureaucracy.
The Article surveys interventions by government officials, producers, consumers, and civil society representatives in the context of a U.S. policy-making process initiated pursuant to a World Trade Organization ruling. It shows that, contrary to the United States’ exceptionalist image, U.S. actors of all stripes invoked and relied on international law extensively, thereby carving a space for it as a non-negligible consideration in the decision-making process. Therefore, the Article argues that accounting for non-State stakeholders is imperative in evaluating the domestic standing of international law.
期刊介绍:
Over forty years] ago, under the guidance of the late Professor Wolfgang Friedmann, a group of Columbia law students belonging to the Columbia Society of International Law founded the Bulletin of the Columbia Society of International Law. The Bulletin’s first volume, containing two issues, was a forum for the informal discussion of international legal questions; the second volume, published in 1963 under the title International Law Bulletin, aspired more to the tradition of the scholarly law review. Today’s Columbia Journal of Transnational Law is heir to those early efforts.