Is International Law Really State Law?

This article was written in response to Bradley and Goldsmith's argument against current international human rights litigation in the United States and the application of customary international law by federal courts. The author argues that history, doctrine, the Constitution and democracy support international law's place in federal law, and current human rights litigation also has firm historical, legislative and doctrinal footings. [While this article does not specifically address women's rights, it is included here because of its place in the academic debate concerning the domestic implementation of international human rights law. See articles by Bradley and Goldsmith annotated in this section of the WHRR database.]