The Case for International Law

Author
Harold Hongju Koh, Michael Doyle
Content Type
Journal Article
Journal
Foreign Affairs
Volume
92
Issue Number
6
Publication Date
November/December 2013
Institution
Council on Foreign Relations
Abstract
In “The War of Law” (July/August 2013), Jon Kyl, Douglas Feith, and John Fonte purport to explain the state of international law and how it “undermines democratic sovereignty.” Their portrayal, however, hardly rises above caricature. Their legal prescriptions ignore constitutional history and, if followed, would drastically weaken U.S. foreign policy. The authors may not like the contemporary practice of international law, but their own ideas are painfully antiquated, better suited to an insular nineteenth-century nation than the great power the United States has become.
Topic
Foreign Policy, International Law, Law
Political Geography
United States