Trump v. International Law: Who's winning?

Donald Trump's presidency has thrown U.S. foreign policy into turmoil. The constant twists and turns have left bewildered observers in Australia and elsewhere asking: 'Who's winning? Trump or international law?' As Trump's immigration policies and on-again/ off-again North Korea policy illustrate, the law is pushing back against his assaults, leaving intact an uneasy status quo ante. Some have taken as evidence favouring Trump his narrow win before the Supreme Court in Trump v. Hawaii, the Travel Ban Case. This essay - from a recently published book by a former Legal Adviser to the U.S. State Department - reviews that 'victory' and explains why, at the end of the day, it may turn out to be 'pyrrhic.' But while for now, the guardrails of domestic and international law in the United States seems to be holding, Trump's actions and rhetoric are empowering authoritarians elsewhere who are antagonistic to the rule of law. Going forward, Professor Koh argues, who ultimately prevails will depend on the continuing support of America's rule-of-law allies, like Australia, and the resilience of our shared rule-of-law institutions.