International Law in American Courts
Gary B. Born
This Work addresses the status of international law in American courts and the power of those courts directly to apply rules of international law. It concludes that the current treatment of international law by U.S. courts, as it has developed over the past several decades, is gravely flawed. That treatment is contrary to the Constitution's text, history and objectives, inconsistent with the treatment of international law by American courts for the 200 years following ratification, and inimical to the United States' contemporary national interests. The Work also concludes that there are readily available means for remedying these defects, by returning to the treatment of international law that was intended by the Framers, either through straightforward textual interpretation of the Constitution or through formulation of equally straightforward contemporary rules of federal common law.
About the Author:
Gary B. Born is the world's leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia, Latin America, the Middle East and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021, updated online on Kluwer Arbitration), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 7th ed. 2025), International Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 7th ed. 2022).
