International Governance and American Law

Transcript

JUSTICE BREYER: Between Sandra and I, Sandra O’Connor and I on 9/11 we were supposed to be in India. And we were. We had just arrived. And on that very day we saw on television the events occurring here in the United States. And of course there was tremendous sympathy, and we continued what we were doing, which was speaking to judges and lawyers.

But what became evident to us at that time, is that the relevant division in the world, is really not between people from different countries, or even different continents. The relevant distinction is the distinction between people who are committed to a rule of law and approaching things through reason, and cooperation and those who are not. And we’d like to think we’re all on the first side.

And if we’re going to be on the first side, we’re in the process of building institutions. But what institutions? And that’s where I think maybe I can shed a little light from my own narrow prospective.

Because as soon as people start to talk to me about "Well, how do these foreign things" -- usually they say it in a hostile tone. How do these foreign things affect your job as a judge? And sometimes they say, well isn’t it an American Constitution? I mean why are you looking at things that happen abroad? And various remarks like that. And indeed cases come to our court, where those questions are relevant. What law do we look to? What law will we use in deciding a case? That arises probably, but not always in the United States of America.

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