State sovereignty and customary international law

gerald neuman gln1 at COLUMBIA.EDU
Fri Aug 4 11:01:41 PDT 2000


These are what I hope are my last two comments on this thread.
1.  I hope it is clear from the remarks of Profs. Martin and Golove and
myself that not all "international law buffs" take the same position on
these issues, especially as they are specified in greater detail.
2.  From my own perspective, we are talking about a default rule.  Largely
for the reasons stated by Prof. Golove, the federal government has control
over whether the U.S. (which includes the states) will violate
international law.  We have a regime in which, in matters
otherwise justiciable, it is presumed that the U.S. intends to comply.
The U.S., of course, participates in the making of these rules of
international law; they are not imposed unilaterally by some external
world government.
-- Gerry Neuman



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