The authors discuss a pragmatic approach to sequentially institute carbon border measures on a sectoral basis, beginning with the steel industry. They outline how domestic legal authorities such as Section 232 of the 1962 Trade Expansion Act could be paired with flexibilities in World Trade...

Carbon border measures (CBMs) are an important tool for integrating climate and trade policy. At the same time, however, they raise novel issues for the World Trade Organization (WTO). Although these issues may present themselves as legal issues, they are significant diplomatically and...

U.S. equity outperformance and sustained dollar appreciation have led to large valuation gains for the rest of the world on the U.S. external position. The author constructs their global distribution, carefully accounting for the role of tax havens. Valuation gains are concentrated and large in...

This article addresses the necessary and sufficient conditions of judicialization through a least likely case study: investment arbitration. Here, arbitrators are hired on a case-by-case basis. As a consequence, theory would predict they would develop little to no autonomy from states. Despite...

Many legal writings on investor-state dispute settlement (ISDS) consider the State primarily in its practical dimension as a respondent or treaty negotiator. International lawyers certainly work with a concept of the State, but it often consists of little more than the criteria of statehood...

This Roosevelt Institute working paper argues that the Green New Deal is more internationalist than is commonly thought. Surveying its five goals, 14 projects, and 15 requirements, the author argues that the majority of them are explicitly international in scope or can be extended so that they...

This article examines the collegial dynamics within investment tribunals. I construct a qualitative typology of adjudicator-level interactions based on original interviews with arbitrators from over 90% of finalized investment arbitrations. I proceed in several steps. First, I present an...

The General Agreement on Trade in Services does impose limits on many developing countries' ability to regulate the financial sector. A response to the article “Regulatory Freedom under GATS: Financial Services Sector” by BK Zutshi, which argued otherwise

This discussion paper focuses on potential conflicts between the doctrine of state responsibility as applied in two investment treaty decisions (Chevron v. Ecuador II and Arif v. Moldova) and the institutional norm of inter-branch autonomy, which has been identified as a causal channel for...