In my series on Harold Koh’s transnationalism over the preceding two weeks (outline with links available at the bottom of this post), I have published some 11,000 words across fourteen blog posts on Koh’s misuse of customary international law, treaties, and constitutional interpretation to advance his transnationalist agenda. I have also written several other posts related to Koh’s nomination, including two posts (here and here) on Koh’s championing of the Alien Tort Statute .
Ten days ago, I highlighted the calls by international law professors Julian Ku and Kevin Jon Heller for real debate on Koh. Since that time, I’m aware of only one blog post (which I addressed here) and some comments on another blog post (which I responded to on that blog’s site, as I discussed here) that undertook substantive engagement with my arguments. In response to one of the comments, I added an elaborating footnote to my post on Koh’s Senate testimony about CEDAW.
Meanwhile, on Opinio Juris, international law professor Ken Anderson yesterday stated his “general agreement with Koh’s critics including Andy McCarthy, Ed Whelan, and John Bolton about the broad propositions of transnationalism.”
Is anyone going to defend Koh’s transnationalist views against the detailed criticisms that I have offered?