My research addresses problems across a range of public and private international law topics. These include questions about international regulatory cooperation, foreign investment, international trade, theories of international law, and rational choice approaches to international law. I have recently published a book entitled "How International Law Works" (Oxford Univ. Press 2008), and am completing a casebook on International Trade (with Joost Pauwelyn). My most recent research includes work on a somewhat eclectic mix of topics, including: international tribunals, soft law, the safety of imported products, and climate change.
B. Work in Progress
Doctor Frankenstein's International Orgnizations (2012)
In the classic novel, Frankenstein, Doctor Frankenstein creates a living creature in the hope of...
Expropriatory and Non-Expropriatory Takings Under International Investment Law (with Jan H. Dalshuisen) (2012)
The question of expropriation is at the heart of modern foreign investment law, yet remains...
International Order without Law: The Power of Soft Law in Global Governance (with Timothy L. Meyer) (2012)
A Strategy for Cooperation in Global Competition Policy, Regulation and Competition in the Global Economy: Cooperation, Comity, and Competition Policy (2010)
A. Books
International Trade Law: Cases and Materials, Aspen Publishers (with Joost Pauwelyn) (2009)
A casebook for courses in international trade law.
How International Law Works, Oxford University Press (2008)
How International Law Works presents a theory of international law, how it operates, and why...
Research Handbook in International Economic Law, Elgar Publishing (with Alan O. Sykes) (2007)
This edited volume features chapters from leading legal thinkers outlining the current state and future...
F. Public International Law
Against Consent, Virginia Journal of International Law (2012)
This Article challenges the conventional view of consent in international law. It argues that our...
Doctor Frankenstein's International Orgnizations (2012)
In the classic novel, Frankenstein, Doctor Frankenstein creates a living creature in the hope of...
Expropriatory and Non-Expropriatory Takings Under International Investment Law (with Jan H. Dalshuisen) (2012)
The question of expropriation is at the heart of modern foreign investment law, yet remains...
International Order without Law: The Power of Soft Law in Global Governance (with Timothy L. Meyer) (2012)
C. International Economic Law
Expropriatory and Non-Expropriatory Takings Under International Investment Law (with Jan H. Dalshuisen) (2012)
The question of expropriation is at the heart of modern foreign investment law, yet remains...
A Strategy for Cooperation in Global Competition Policy, Regulation and Competition in the Global Economy: Cooperation, Comity, and Competition Policy (2010)
Importers as Regulators: Product Safety in a Globalized World, Import Safety: Regulatory Governance in the Global Economy (2010)
In the wake of scandals involving lead toys, toxic toothpaste, poisonous pet food, and other...
E. International Trade
Importers as Regulators: Product Safety in a Globalized World, Import Safety: Regulatory Governance in the Global Economy (2010)
In the wake of scandals involving lead toys, toxic toothpaste, poisonous pet food, and other...
Determining the Appropriate Standard of Review in WTO Dispute Resolution, Cornell Journal of International Law (2009)
This article considers how the WTO judicial organs should determine the standard of review in...
International Trade Law: Cases and Materials, Aspen Publishers (with Joost Pauwelyn) (2009)
A casebook for courses in international trade law.
D. Foreign Direct Investment
Expropriatory and Non-Expropriatory Takings Under International Investment Law (with Jan H. Dalshuisen) (2012)
The question of expropriation is at the heart of modern foreign investment law, yet remains...
Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960-2000, International Organization (2006)
Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international...
Why LDCs Sign Treaties That Hurt Them: Explaining the Popularity of Bilateral Investment Treaties, Virginia Journal of International Law (1998)
G. Empirical Studies
Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960-2000, International Organization (2006)
Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international...
Power Plays and Capacity Constraints: The Selection of Defendants in WTO Disputes (with Beth A. Simmons), Journal of Legal Studies (2005)
This paper examines the relationship between the wealth and power of states and their ability...
To Settle or Empanel? An Empirical Analysis of Litigation and Settlement at the WTO (with Beth A. Simmons), Journal of Legal Studies (2002)
This paper seeks to understand the factors that cause disputes at the World Trade Organization...
H. Other Topics
International Order without Law: The Power of Soft Law in Global Governance (with Timothy L. Meyer) (2012)
Climate Change and U.S. Interests (with Jody Freeman), Columbia Law Review (2009)
The public policy debate on the appropriate American response to climate change is now in...
Choice and Federal Intervention in Corporate Law (with Stephen Choi), Virginia Law Review (2001)
Arbitrator Liability: Reconciling Arbitration and Mandatory Rules, Duke Law Journal (2000)
In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and...