… But it does mean that federal courts should be free to apply it without state or federal
authorization, in cases otherwise properly before them. In short, I suggest that international
law be treated as non-preemptive federal law, a result I think closer to its рте-Erie status
than is Professor Young's prescription. … Rather, I suggest that federal courts consider
international law as non-preemptive federal law—that is, law that can provide
independently a rule of decision in federal court, but cannot override inconsistent state law …