The Domestic Standing of International Law: A Non-State Account

Megiddo’s Article argues that, in order to appropriately assess international law’s standing in the United States, one must consider not only the position of its formal government but also the interpretation, application, and challenge of international law by non-State actors.  This Article surveys interventions by government officials, producers, consumers, and civil society representatives in the context of a U.S. policy-making process initiated pursuant to a World Trade Organization ruling.  It shows that, contrary to the United States’ exceptionalist image, U.S. actors of all stripes invoked and relied on international law extensively, thereby carving a space for it as a non-negligible consideration in the decision-making process.

57 Colum. J. Transnat'l L. 494