June 27, 2006

To restrain the actions of...guess who?

Charlene liked this bit, by David Bernstein, at Volokh Conspiracy:

The Cult of "International Law":
I've noticed in a variety of contexts that there are some rather well-educated, articulate individuals out there who have what seems to me to be a fanatical, quasi-religious belief in "international law", and the idea that it should trump any other conflicting consideration. In the constitutional law field, this is reflected in the argument that the president and the courts should ignore domestic law and the Constitution if they conflict with international law--even if the United States isn't a party to any binding international agreements on the particular subject at hand...

...The point of this post is not to defend the points I made in my email correspondence, but to ask informed readers about when and how "international law" gained such cult-like status that well-educated people believe that merely invoking it (or their interpretation of it) is sufficient to settle even the most nuanced and contentious debates, that it should always trump domestic law, etc. Please restrict your comments to either explaining, or, if you are so inclined, defending, this phenomenon. (Or is "international law" largely invoked to try to restrain the actions of the U.S. and Israel, but largely ignored more broadly?--e.g., I haven't heard of any other nation's besides Israel's legitimacy being questioned because of past or even present real or imagined violations of international law.) [Emphasis added. Thanks to Rand]


"International Law" is the biggest fraud since "dictatorship of the proletariat." There is no such thing. There can't be, because there is no international law-making body that possesses legitimacy. (There are international agreements, which are often quite useful. They are entered into voluntarily by nations.)

And the people who talk about "international law" are the same ones who are always gassing about "peace and justice." And it's always the same hokum: Lefties and terrorists up, America and Jews down.

Posted by John Weidner at June 27, 2006 8:27 PM
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