OVERVIEW

As demonstrated throughout this volume, during 2002–2004 the United States continued in its role as a critical player with respect to international legal initiatives and as a major supporter of a variety of international organizations, including dispute resolution fora. At the same time, the United States resisted having various initiatives under international law apply to the United States, notably the International Criminal Court, the Kyoto Protocol on climate change, and the UN Convention on the Law of the Sea. Further, while the United States marshaled considerable global support for the “war on terrorism” through UN Security Council sanctions and other measures, the United States resisted the application of the 1949 Third Geneva Convention and human rights instruments to persons detained in Afghanistan and elsewhere in the course of waging that war. Such resistance led many states and observers to criticize the United States as embarking on a unilateralist or “exceptionalist” course. Despite this, the United States viewed international law and its institutions as an important component of U.S. foreign policy, and international law and foreign law continued to influence the development of U.S. law, as may be seen in various cases of the U.S. Supreme Court.

U.S. INFLUENCE ON INTERNATIONAL LAW

President Bush 2004 Speech to UN General Assembly

In September 2004, U.S. President George W. Bush spoke to the UN General Assembly regarding the desire of theUnited States to join with other nations in initiatives that promote security, prosperity, human rights, and the rule of law in international affairs: