 The second question, identified above, is whether democratic states, in particular, have an obligation to obey international legal norms they have not consented to or incorporated into their domestic law through democratic procedures. Recent international law, especially through expansive conceptions of customary international law and jus cogens, has significantly increased the number of norms which bind states, even in the absence of their consent. This has created a backlash, especially among “neo-conservative” commentators who deny that any such laws can bind a constitutional democracy, at least in the absence of its consent expressed by means of internal democratic processes (Rabkin 2005; Kyl, Feith, &amp; Fonte 2013). But this sort of concern extends beyond neo-conservative defenders of American exceptionalism; for example, Martha Nussbaum, a leading liberal political philosopher, has argued that domestic democratic endorsement is a condition of international law’s legitimacy (Nussbaum 2018  [Other Internet Resources]).