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State Department legal nominee faces controversy over int?l law

By Alliance Alert

Eric Posner: "Koh is best known for his defense of what he calls ?transnational legal process,? a somewhat ill-defined concept that refers to the process by which international legal norms enter domestic law. When the president ratifies a treaty with senate consent, the treaty becomes a part of American law; if the treaty is self-executing, courts will enforce its provisions. Congress can also adopt international law by statute. Common law courts, including federal courts using their limited common law powers, are free to draw on international and foreign law for inspiration, and often do."

Full post as published by Constitutionally Correct on April 06, 2009 (boomark / email).