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Paying Decent Respect to International Tribunal Rulings
Koh, Harold Weisburd, A.
Koh, Harold
Weisburd, A.
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Abstract
Let me comment on Mark Weisburd's provocative, but fundamentally overdrawn, presentation regarding "vertical" conflicts between international and national tribunals. On the one hand, Professor Weisburd sets up and attacks a straw man-the "bindingness" of international tribunal decisions on U.S. domestic courts-a proposition for which no one is seriously arguing. Second, he waves a red herring-the potential unconstitutionality of domestic judicial decisions that choose to follow international law precedents. On closer examination, I would argue, it becomes clear that neither of these propositions is really at stake in the cases that currently vex the U.S. courts.