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International Law Observer

Feldman on the International Order

In today’s New York Times, Harvard Professor Noah Feldman has an interesting piece on the role of the US Supreme Court in the shaping of US foreign policy. Feldman examines the question of what role the US constitution and the Supreme Court play in the international order and discusses the two prevailing approaches within the Court. These are: the inward looking one, which is characterised by primarily affording constitutional rights to citizens only, which is headed by Chief Justice Roberts together with Justices Scalia, Thomas and Alito; and the outward looking, or cosmopolitan, one favouring the universal application of common…