Law Commons^™

International Common Law: The Soft Law Of International Tribunals, Andrew T. Guzman, Timothy L. Meyer

Andrew T Guzman

Rising legalization in the international community has lead to greater use of international tribunals and soft law. This paper explores the intersection of these instruments. The decision of an international tribunal interprets binding legal obligations but is not itself legally binding except, in some instances, as between the parties. The broader, and often more important function of a tribunal’s decision – its influence on state behavior beyond the particular case and its impact on perceptions regarding legal obligations – is best characterized as a form of soft law.

Despite its inability to bind states, a tribunal can influence state behavior …

Climate Change And U.S. Interests, Andrew T. Guzman, Jody Freeman

Andrew T Guzman

The public policy debate on the appropriate American response to climate change is now in full swing. There are no longer significant voices disputing that climate change is real or that it is primarily the result of human activity. The issue today is what the United States should do about climate change given the risks the country faces and the likely economic impacts. The question is whether putting a price on carbon domestically is worth the cost.

In this Article we make the case that the United States should act aggressively to mitigate the effects of climate change. In doing …

How International Law Works: A Response To Commentators, Andrew T. Guzman

Andrew T Guzman

This is a response to the discussion of commentators in a symposium on my book, How International Law Works.

Determining The Appropriate Standard Of Review In Wto Dispute Resolution, Andrew T. Guzman

Andrew T Guzman

This article considers how the WTO judicial organs should determine the standard of review in the case they decide. It argues that a key factor should be the relative strengths of the WTO adjudicatory organs and domestic governments. On this bais, it explains when review at the WTO should be de novo, when it should be an intermediate review, and when it should largely defer to the decisions of member states. In the process, it compares these normative claims to existing WTO practice.

How International Law Works: Introduction, Andrew T. Guzman

Andrew T Guzman

This comment serves as the introduction to a symposium on my book, How International Law Works.