International Law as Part of Our Law
Bibliographic Data
| ID | 9560451 |
|---|---|
| Authors | Harold Hongju Koh (Yale University, corresponding author) |
| Year | 2004 |
| Volume | 98 |
| Issue | 1 |
| Pages | 43-57 |
| Publication date | 2004-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3139255 |
| OpenAlex | W2016080982 |
| Language | EN |
| Citations received | 18 |
| References cited | 6 |
What did the United States Supreme Court mean when it famously said, “International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination”? Perhaps the Court was suggesting that, in an interdependent world, United States courts should not decide cases without paying “a decent respect to the opinions of mankind,” in the memorable words of the Declaration of Independence. The framers and early Justices understood that the global legitimacy of a fledgling nation crucially depended upon the compatibility of its domestic law with the rules of the international system within which it sought acceptance. Their recognition seems both prudent and sensible. Even today, for any nation consciously to ignore global standards not only would ensure constant frictions with the rest of the world, but also would diminish that nation's ability to invoke those international rules that served its own national purposes
Constitution · Declaration · Declaration of independence · Interdependence · International court · International law · Jurisdiction · Legitimacy · Municipal law · Political science · Public international law · Supreme court · International Law and Aviation · International Law and Human Rights · Judicial and Constitutional Studies · Law
Judicial Review in an Objective Legal System
Defining Jewish Difference
T he I nfluence of I nternational L aw on L ocal S ocial M ovements
The Supreme Court’s Use of Foreign Law in Constitutional Rights Cases
The Costs of Going Global
The contents and contours of contemporary cosmopolitan constitution-making
The new sovereigntism and transnational law
Judicial globalization from below
Using International and Foreign Law in Human Rights Litigation
Looking for Law in All the Wrong Places? Foreign Law and Support for the U.S. Supreme Court
Transnational Legal Process and State Change
The cross‐border spread of norms in journalism
Managing International Migration in Australia
How American Treaty Behavior Threatens National Security
The Uses of International Law in Constitutional Interpretation
International Materials and Domestic Rights
Democracy-Enhancing Multilateralism
Das violações em massa aos padrões estruturais
| Unique citing works | 18 |
|---|---|
| Citations per year | 0,82 |
| Citation span | 2004 - 2025 (22) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 18 |