Prof. Balkin writes: > Like law review articles, the decisions of foreign courts > are merely persuasive authorities, not controlling authorities, and people > can and do use them to persuade or give heft to their arguments. Whether > they actually do persuade or give heft is another matter.
COMMENT: I would go further. The Supreme Court has held that the law of nations primarily is "ascertained by consulting the works of jurists, writing professedly on public law; or by the general usage and practice of nations; or by judicial decisions recognizing and enforcing that law." United States v. Smith, 5 U.S. (Wheat.) 153 (1820). Francisco Forrest Martin
