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Harold Koh’s Transnationalism—What “Transnationalism” Is
NRO ^ | April 06, 2009 | Ed Whelan

Posted on 04/07/2009 4:32:38 AM PDT by Scanian

What is “transnationalism” generally? Well, let’s start by considering how two academics—one a critic of transnationalism, the other an ardent proponent—have described it.

Our first academic contrasts a “nationalist jurisprudence” with a “transnationalist jurisprudence.” A nationalist jurisprudence “is characterized by commitments to territoriality, extreme deference to national executive power and political institutions, and resistance to comity or international law as meaningful constraints on national prerogatives.” A nationalist jurisprudence “largely refuses to look beyond U.S. national interests when assessing the legality of extraterritorial action,” has “largely rejected international comity as a reason unilaterally to restrain the scope of U.S. regulation,” and “dismiss[es] treaty or customary international law rules as meaningful restraints upon U.S. action.” Proponents of a nationalist jurisprudence view “foreign legal precedents” as “an impermissible imposition on the exercise of American sovereignty.”

“Unlike nationalist jurisprudence, which rejects foreign and international precedents,” continues this first academic, a “transnational jurisprudence assumes America’s political and economic interdependence with other nations operating within the international legal system.”

(Excerpt) Read more at bench.nationalreview.com ...


TOPICS: Culture/Society; Foreign Affairs; Government; News/Current Events
KEYWORDS: jurisprudence; koh; nationalism; transnationalism

1 posted on 04/07/2009 4:32:38 AM PDT by Scanian
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To: Scanian
Transnationalism = one world globalism

Just a fancy new title to fool the sheeple.

2 posted on 04/07/2009 7:14:57 AM PDT by OB1kNOb (Obama as President is proof that GOD's judgement has come upon our once Christian nation.)
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To: Scanian

I am very concerned that this is how homeschooling will be outlawed. We will not be calling our congressman and asking them to support homeschooling. One day it will just be gone, so all the children of the world are taught the same thing.


3 posted on 04/07/2009 7:28:30 AM PDT by ToKillaMockingbird
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