New and in Progress Research

Some of this work is posted on my SSRN page: http://ssrn.com/author=416472

In progress:

New Research Areas: Global Capitalism and Law, Backlash and the Contested Authority of International Institutions, China and the International Order

Ruling the Global Economy: Why is Money so Different from Trade? Book project with article spin-offs (with Stephen C. Nelson). Abstract here.

Global Governance in Time: Institutional Sequences, International Regime Complexes, and the Politics of Global Governance (with Stephen C. Nelson). Forthcoming in World Politics, 2024. This review essay is a theoretical exploration for our book Ruling the Global Economy. We explore how international regime complexity and international non-decisions can generate within and outside of existing international institutions. (Accepted Manuscript on SSRN)

The Legalization of Global Economic Governance: Contracting v. Multilateralism, article (with Tim Meyer) (currently under review). This article considers the dynamics of three different forms of international economic law: multilateralism, inter-state contracting, and private contracting. (On SSRN)

How International Regime Complexes Influence Institutional Cultures: The World Health Organization and the Challenge of Promoting Health for All (with Laura Pedraza-Farina) a paper and a book project in progress. This project is a deep exploration of how international regime complexity can decenter existing international institutions, and reshape policy within a regime complex.

Three explorations focused on China:

Chinese and Western Perspectives on the Rule of Law and their International Implications (with Ji Li) in The Cambridge Handbook on China and International Law, Ignacio de la Rasilla and Cai Congyan eds. 2024. (On SSRN)

Reframing International Law: The China Strategy? Paper written for a workshop and book project edited by Ji Li and Gregory Shaffer.  The paper examines what it would take for change to change international law as the West knows it, and asks whether China is up to the task and actually trying to shift international law.

China, International Law and International Development Written for another workshop, this paper queries whether China is offering a development strategy long requested by developing countries in UNCTAD, the NIEO and the GATT/WTO.

So Long as We are a Constitutional Democracy: The Solange Impulse in an Age of Anti-Globalism Paper prepared for a special issue on Constitutionalism beyond the State and the Role of Domestic Constitutional Courts: Solange 50th Anniversary Heidelberg Journal of International Law (on SSRN). This paper reviews how the German Constitutional Court constructively resisted European integration with the goal of protecting German democracy. Reviewing recent rulings, the paper calls for an updated approach to protect democracy in an age of over-globalization and anti-globalism.

Global Governance and the Problem of the Second Best: The Example of the World Trade Organization (With Cristina Lafont, on SSRN)

Select recent publications

New in 2023

The High Water Mark of International Judicialization? in By Peaceful Means: Essays Commemorating the Contributions of David D. Caron to International Dispute Resolution. Edited by Charles Brower, Joan Donoghue, Cian Murphy, Cymie Payne and Esme Shirlo. Oxford: Oxford University Press, 2023. Chapter 28, p 533-551. doi:DOI: 10.1093/oso/9780192848086.003.0028. (on SSRN).

 The Contested Authority and Legitimacy of International Law: The State Strikes Back. In Beyond Anarchy: Rule and Authority in the International System, edited by Christopher Daase, Nicole Dietelhoff and Antonia Witt, 214-41. Cambridge: Cambridge University Press, 2023. (available here)

New in 2022

Making politics of International History and Law, Temple International and Comparative Law Journal 36(1): 95-106. 2022. Symposium on Anne Orford’s International Law and the Politics of History

The Promise and Perils of Theorizing International Regime Complexity in an Evolving World, Review of International Organization 17(2): 375-96. 2022

The International Adjudication of Megapolitics, Law and Contemporary Problems. 84(4) 2022. (with Mikael Rask Madsen)

The International Adjudication of Megapolitics, Law and Contemporary Problems 84(4):1-28 (2022) (with Mikael Rask Madsen)

Beyond Backlash: The Consequences of Adjudicating Mega-politics, Law and Contemporary Problems 84(4) 219-241 (2022) (with Mikael Rask Madsen)

The Future of Embedded International Law: Democratic and Authoritarian Trajectories Chicago Journal of International Law 23(1), Article 2, 2022

How to Change the Operating System of Global Capitalism: A rejoinder International Journal of Constitutional Law (I•Con) 20(1): 73-81, 2022

New in 2021

Contracting v. Multilateralism in Global Economic Governance: Before, During and After the WTO? in Manfred Elsig, Rodrigo Polanco & Peter van den Bossche (eds) International Economic Dispute Settlement: Demise or Transformation? World Trade Forum Series, Cambridge University Press. Chapter 2, 15-44 (on SSRN)

From Colonial to Multilateral International Law: A Global Capitalism and Law Analysis International Journal of Constitutional Law (I•Con) 19 (3): 798-864, 2021

The ICJ In Comparison: Understanding the ICJ’s Limited Influence. Melbourne Journal of International Law. 21, 676-697, 2021.

When and How to Legally Challenge Economic Globalization: A Comment on the German Constitutional Court’s False Promise, International Journal of Constitutional Law, 19 (1): 269–284. 2021

New in 2020

The Politics of Backlash in ComparisonBritish Journal of Politics and International Relations 22 (4) 2020 (with Michael Zürn). Including: Conceptualizing Backlash Politics, and Theorizing Backlash Politics (With Michael Zürn)

Comprehending Global Governance: International Regime Complexity v. Global Constitutionalism, Global Constitutionalism 9 (2) 413-423. 2020.

Visions of International Law: An Interdisciplinary Retrospective, Invited biennial lecture published in Leiden Journal of International Law 33(4): 837-869. 2020

Gender and Status in American Political Science: Who Determines Whether a Scholar is Noteworthy  Perspective on Politics, 18 (4) 1048-1067. 2020. (with Jean Clipperton, and Emily Shraudenbach, Laura Rozier)