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41 Vand. J. Transnat'l L. 1307 (2008)
The Un-Exceptionalism of U.S. Exceptionalism

handle is hein.journals/vantl41 and id is 1319 raw text is: The Un-Exceptionalism of U.S. Exceptionalism Sabrina Safrin* ABSTRACT This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive other countries' unwillingness to accommodate their needs as unfair. Requests for special treatment even exhibit a pattern. This Article concludes by suggesting that the present emphasis on U.S. legal exceptionalism is overstated at best, misguided and even dangerous at worst. Furthermore, having shown that most nations seek exceptional legal accommodation, or double standards, in certain situations, it identifies some parameters for future work on the proper place for exceptionalism in international law. * Professor of Law, Rutgers Law School, Newark; J.D., University of California, Berkeley; B.A., Pomona College. Many thanks to Jeremy Hirsh, Orde Kittrie, Greg Mark, Saul Mendolovitz, George Thomas III, Peter Spiro, and Carlos Manuel Vazquez for their suggestions and incisive comments on earlier drafts. I thank Mandee Lee, Ketan Pastakia, Paulo Santos, and Cynthia Zhang for their excellent research assistance. This Article received support from the Dean's Scholarship fund. 1307

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