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Articles 1 - 21 of 21
Full-Text Articles in Law
The Improvised Implementation Of Executive Agreements, Kathleen Claussen
The Improvised Implementation Of Executive Agreements, Kathleen Claussen
Articles
Implementation is at the core of lawmaking in our divided government. A rich literature covers the waterfront with respect to agencies' implementation of legislative mandates, and another equally robust line of scholarship considers Congress's implementation of treaties. Missing from those discussions, however, is another area of implementation central to U. S. foreign relations: the implementation of transnational regulatory agreements.
This Article examines how federal agencies have harnessed far-reaching discretion from Congress on whether and how to implement thousands of international agreements. Agencies regularly implement agreements by relying on a self-developed menu of options, much like they do in the domestic …
Trade's Mini-Deals, Kathleen Claussen
Trade's Mini-Deals, Kathleen Claussen
Articles
The modern consensus is that U.S. trade law is made through statute and through large congressional-executive agreements, both of which maintain Congress' constitutional primacy over the regulation of foreign commerce. Contrary to this understanding, however, short, targeted agreements negotiated by the U.S. executive with foreign trading partners - recently referred to as "mini-deals" - have become a fixture of the trade law landscape over the last three decades in staggering number. More than 1,200 such agreements govern the movement of goods and services in and out of the United States from and to 130 countries. Such deals are not only …
Trade Transparency: A Call For Surfacing Unseen Deals, Kathleen Claussen
Trade Transparency: A Call For Surfacing Unseen Deals, Kathleen Claussen
Articles
For many years, the executive branch has concluded foreign commercial agreements with trading partners pursuant to delegated authority from Congress. The deals govern the contours of a wide range of U.S. inbound and outbound trade: from food safety rules for imported products to procedures and specifications of exported goods, to name two. The problem is that often no one-apart from the executive branch negotiators- knows what these deals contain. A lack of transparency rules has inhibited the publication of and reporting to Congress of these unseen deals. Dozens if not hundreds of foreign commercial deals are unseen in two ways: …
Trade Administration, Kathleen Claussen
Trade Administration, Kathleen Claussen
Articles
At the core of public debates about trade policy making in the United States and the so-called "trade war" is a controversy over who should be responsible for making U.S. trade law: Congress or the President. What these important conversations miss is that underlying much of our trade policy in recent decades is a widespread executive-branch lawmaking apparatus with monitoring, rulemaking, adjudicative, and enforcement features that operates in considerable shadow. Executive branch agencies are now the primary actors in trade lawmaking. This Article excavates that critical underbelly: what I call our "trade administrative state." It maps the trade administrative state's …
The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois
The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois
Articles
Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties. The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation. Countries determine their own commitments by setting nationally determined contributions of greenhouse gases emissions. The main mandatory elements of the agreement are reporting requirements. The success of the agreement turns on whether countries comply with these requirements. Article 15 of the Paris Agreement establishes a Compliance Committee and sets forth the mechanisms to ensure and facilitate compliance with the agreement. Yet, as with the …
The International Claims Trade, Kathleen Claussen
The International Claims Trade, Kathleen Claussen
Articles
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …
Our Trade Law System, Kathleen Claussen
Trade's Security Exceptionalism, Kathleen Claussen
Trade's Security Exceptionalism, Kathleen Claussen
Articles
At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic security. Rather than thinking of free trade as a source of or tool for economic security as political theorists long have, our law codifies these authorities as though they are in contrast to one another-allowing departures from the free trade norm when security so demands. …
The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen
The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen
Articles
No abstract provided.
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Articles
Since the first half of the twentieth century, the U.S. Congress has increasingly delegated its authority over tariffs to the U.S. president. Some of these statutes permit private actors to petition for tariff relief. Some also permit the president to initiate an investigation and subsequently to take trade-related or other action when certain criteria are met. Since the 1990s, however, a robust multilateral trading system has required the United States and others to resolve disputes over trade measures in Geneva, rather than through unilateral policy steps under these tariff authorities. In a stark departure from this movement away from unilateral …
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Articles
No abstract provided.
Separation Of Trade Law Powers, Kathleen Claussen
The Other Trade War, Kathleen Claussen
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Articles
No abstract provided.
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Articles
No abstract provided.
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
Articles
No abstract provided.
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
Articles
The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …
Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon
Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon
Articles
Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley
Articles
No abstract provided.
A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton
A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton
Articles
No abstract provided.
The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom
The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom
Articles
No abstract provided.