Hidden Bibliographic Details
| Other authors / contributors: | Ginsburg, Tom, commentator.
University of Chicago. Law School, host institution.
Human Rights Law Society (University of Chicago. Law School), sponsoring body.
University of Chicago. International Law Society, sponsoring body.
Federalist Society for Law & Public Policy Studies (U.S.). University of Chicago Law School Chapter, sponsoring body.
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| Computer file characteristics: | MP3
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| Sound characteristics: | digital stereo
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| Notes: | Presented by the Human Rights Law Society, the International Law Society, and the Federalist Society.
Recorded April 1, 2015, posted April 7, 2015.
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| Summary: | Moore's talk focuses on the question of whether the norms and principles of international law themselves are us law, and what is the interaction between international law and the United States legal system. He discusses the history of international law and the U.S. legal system from the initial Confederation to the present, noting that since international law is based on both treaties and customary law, it is a complicated process to integrate international law into U.S. law. Treaties are codified and are more easily included in U.S. law, but customary law is more complicated. Objections to including international law in U.S. courts are that it bypasses the Constitution and Congress and so domestic law is being decided by non-citizens of the U.S. Political considerations also inform the Court's analysis, since adopting international customary law may violate the separation of powers clause. Current Court decisions support the idea that Congress should be the body to integrate international law into U.S. domestic law.
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