This panel, “The Judiciary, Foreign Affairs, and International Law,” will explore the claim that the judiciary, both in the United States and globally, should reclaim and assert a more prominent role in cases involving international law and foreign affairs generally. For at least the last century, the political branches in the United States – the executive above all – have successfully sought increased power in foreign affairs free from international law constraints, in part by attempting to marginalize the judiciary’s historic role. Within the United States, the dangers of this development were evident long before the Trump Administration. Likewise, the rise of populist authoritarian regimes abroad have seen even more aggressive attempts to marginalize judicial checks based upon international law. This panel will consider historical and international relations justifications for a restored judicial role, both in the United States and abroad. Its focus will be the arguments set out in Professor Flaherty’s forthcoming book, Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs (Princeton University Press), which will be released just prior to ILW.
- Thomas Lee, Leitner Family Professor of International Law
- Martin Flaherty, Leitner Family Professor of Law, Fordham Law School; Co-Director, Leitner Center for International Law and Justice
- David Golove, Hiller Foundation Professor of Law, New York University School of Law
- Rebecca Ingber, Associate Professor of Law, Boston University School of Law
- Michael Ramsey, Darling Professor of Law, University of San Diego Law School
About the Author
Martin S. Flaherty is the Leitner Family Professor of International Human Rights Law and founding codirector of the Leitner Center for International Law and Justice at Fordham Law School. He is also a longtime visiting professor at the Woodrow Wilson School of Public and International Affairs at Princeton University. He lives in New York City. Twitter @MFlaherty17