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country’s conflict. The president has overlooked human rights violations in China
and Russia, and by close allies such as Turkey and Bahrain.
Under President Obama there has been a definite change in U.S. attitude toward
international law. The United States is more willing to work with other nations.
The president has sought authorization from the United Nations Security Council
before taking military action. The president speaks strongly in favor of respect for
international norms, and he has used the machinery of international institutions to
advance U.S. interest. The overall style and tenor of U.S. foreign policy has changed
under President Obama.
4. United States Compliance with International Law
International law is part of the law of the United States and affects and impacts
all aspects of decision making in the United States Government. The United States
complies with its international legal obligations dailywithout the average person taking
notice of it, as it has become routine for one to expect the United States, and for that
matter, all nations, to comply with international law. Every day millions of travelers
enter and leave the United States. Similarly, diplomats and other internationally
protected persons carry out their duties in the United States uninterrupted. The
United States trades billions of dollars in goods with other nations regularly in full
compliance with international trade law. Foreign currencies are exchanged at United
States banks regularly, and trade in stocks and other financial instruments occur on
a daily basis without violation of Securities and Exchange rules.
The United States observed the human rights of foreign nationals entering and
residing in the United States, and all individuals present within the jurisdiction of
the courts of the United States enjoy full constitutional protection. Foreign nationals
can also utilize our courts to file suit against the United States Government or foreign
governments for breach of international law that impacts them. In general, the United
States complies with international law more often than it violates international law.
On occasions when it does violate international law the United States goes to some
length to justify its action under international law, or accepts responsibility for breach
of international law. The United States routinely complies with extradition requests
from foreign governments and also submits requests for the extradition of foreign
nationals. The United States also complies with international trade law and refers
trade disputes to the World Trade Organization (WTO).
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Similarly, the United States complies with diplomatic law by respecting the
diplomatic privileges and immunities of foreign diplomats in the United States.
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Where foreign diplomats have violated American law, the United States follows
diplomatic protocol by expelling the foreign diplomats instead of arresting them or
prosecuting them. Even in situations when the United States does not have diplomatic
relations with foreign states, such as Iran, Cuba and North Korea, the United States
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Curtis A. Bradley,
International Law in the U.S. Legal System
(2013) p. 113.
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See
Vienna Convention on Diplomatic Relations, April 18, 1961, 23 U.S.T. 3227 T.I.A.S. No. 7502.