This chapter, for a book focused on the future of the World Trade Organization, discusses three ways that global economic law and corresponding transnational dispute settlement systems have been constructed across time: via private contracting, inter-state contracting, or through principled...

The proliferation of international courts and tribunals was a post-Cold War phenomenon. Its timing coincided with rise of the Neo-liberal Washington Consensus, and with the idea that promoting human rights and democracy decreases violence and interstate-war. Should we expect declining popular...

This short essay explains why deeply embedding international law (IL) directly into domestic legal orders is seen as a helpful democratic legal strategy to make international law more effective. It also describes the logistics of embedding international law into national legal systems. The goal...

This chapter is part of an upcoming interdisciplinary volume on international law and politics. The chapter defines four judicial roles states have delegated to international courts (ICs) and documents the delegation of dispute settlement, administrative review, enforcement and constitutional...

This article–a unique collaboration between political philosophy and empirical analysis–applies the problem of the second best to the subject of global governance reform. The problem of the second best raises a concern about an “approximation trap” where steps intended to move closer to...

This review of Doreen Lustig’s Veiled Power: International Law and the Private Corporation 1886-1981 goes beyond the typical book review to probe potential explanations for how and why private corporations gained the prerogative power to ignore whether their actions are or are not lawful under...

This Forward integrates international law, international relations, and global history scholarship to understand two global trends that are in tension with each other: 1) the shift from European colonial dominance to a law-based multilateralism, which enabled a more equal and inclusive...

The rise of state-owned companies and sovereign wealth funds (together SOEs) poses many new questions for the regime of investor-state arbitration. Extant literature treats all SOEs the same and limits its focus to the doctrinal treatment of SOEs. This article, by studying Chinese SOEs,...

Managing U.S.-China relations is “the biggest geopolitical test of the 21st century. This Article explores a crucial, delicate part of that test: national security review of Chinese foreign investment. To address emerging threats from China, Congress passed the Foreign Investment Risk Review...