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The 21st Century National Security Constitution
Hongju Koh, Harold
Hongju Koh, Harold
Abstract
Even as the Biden Administration’s foreign policy unfolds, in 21st Century
practice, foreign relations law seems to have largely become national security
law. Virtually all foreign affairs issues have been reframed into national security
terms. And because so much of foreign affairs law seems to have become justification
for unilateral exercises of executive power, at times it seems almost like
not law at all. This Keynote Address, based on a forthcoming book, describes
the synergistic dysfunction among our national security institutions that has
fostered these trends, explains why the major academic debates over foreign
relations law have missed this most urgent issue, and suggests ways to slow the
steady march toward executive unilateralism.