How does the human right of property relate to protecting human rights in the age of Trump? Human rights advocates faithful to Henkin’s vision need to combat the dangerous consensus between elements on the political left and right that international law (including arbitration bodies outside US courts) has no business protecting the right to property, for aliens or anybody else. From Hamilton through Henkin, immigrants with foresight have told us why the effective protection of rights, even in states with robust rule of law traditions such as the United States, requires supranational scrutiny. Although the United States is rightly regarded as a strong defender of property rights, even the US (along with other Western ‘rule of law’ states) could benefit from supranational scrutiny in this respect.
Alvarez, José E, The Fifth Annual Louis Henkin Lecture: The Human Right to Property (June 20, 2017).