International Trade
Regulating Foreign Commerce Through Multiple Pathways: A Case Study
Most accounts of trade law see legislation as the primary means of converting international commitments into U.S. law. Taking up trade in distilled spirits as a case study, this Essay shows that foreign commercial commitments trickle into domestic law through multiple pathways, including self-executing executive agreements and discretionary agency instruments.
The New National Security Challenge to the Economic Order
Changes in national security policy pose a fundamental challenge to international economic law. Security policies worldwide encompass many emerging threats, from cyber vulnerabilities to climate change. This expansion potentially undermines the ability of investment and trade treaties to discipline economic regulation and requires rethinking international economic institutions.
The Multiple Selves of Economic Self-Determination
This Essay contends that dyadic understandings of economic self-determination, formed in light of earlier anticolonial struggles, are no longer sufficient. It argues instead for a plural and flexible conception, centered on a broader vision of the economic “self,” that more accurately reflects sources of economic constraint in the contemporary world.
Gender-Identity Protection, Trade, and the Trump Administration: A Tale of Reluctant Progressivism
This Essay discusses the inclusion of gender-identity protections in the Trump Administration’s “new NAFTA,” hypothesizing that these provisions were initially included without consulting important executive-branch stakeholders. Intriguingly, these protections demonstrate that trade agreements can lead even powerful governments to make value-laden commitments at odds with their own domestic agendas.
Building Political Will for Accountable, Equitable Trade Policy Making
Trade policy is at an inflection point. Because trade deals are often negotiated in secret and without congressional input, the public lacks the information necessary to hold the executive branch accountable. This Comment therefore proposes that Congress establish a nonpartisan, expert body to produce public-facing trade analysis.