B. Work in Progress

Extraterritoriality and Cooperation (2011)
 

International Order Without Law: The Power of Soft Law in Global Governance (2011)
 

Soft Law and the Global Commons: Soft Law Approches to International Environmental Challenges (with Chris Brummer & Timothy Meyer) (2011)
 

Two Degrees: How Climate Change Will Cause Floods, Famine, War, and Disease (2011)
 

A Strategy for Cooperation in Global Competition Policy, Regulation and Competition in the Global Economy: Cooperation, Comity, and Competition Policy (2010)
 

The Consent Problem in International Law (2010)
 

A. Books

Two Degrees: How Climate Change Will Cause Floods, Famine, War, and Disease (2011)
 

Regulation and Competition in the Global Economy: Cooperation, Comity, and Competition Policy, Oxford University Press (2010)
 

International Trade Law: Cases and Materials, Aspen Publishers (with Joost Pauwelyn) (2009)

A casebook for courses in international trade law.

 

Link

How International Law Works, Oxford University Press (2008)

How International Law Works presents a theory of international law, how it operates, and why...

 

Link

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

Extraterritoriality and Cooperation (2011)
 

International Order Without Law: The Power of Soft Law in Global Governance (2011)
 

Soft Law and the Global Commons: Soft Law Approches to International Environmental Challenges (with Chris Brummer & Timothy Meyer) (2011)
 

Two Degrees: How Climate Change Will Cause Floods, Famine, War, and Disease (2011)
 

PDF

International Soft Law (with Timothy L. Meyer), Journal of Legal Analysis (2010)

Although the concept of soft law has existed for years, scholars have not reached consensus...

 

The Consent Problem in International Law (2010)
 

PDF

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...

 

PDF

How International Law Works: A Response to Commentators, International Theory (2009)

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

 

PDF

How International Law Works: Introduction, International Theory (2009)

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

 

PDF

International Common Law: The Soft Law of International Tribunals (with Timothy L. Meyer), Chicago Journal of International Law (2009)

Rising legalization in the international community has lead to greater use of international tribunals and...

 

PDF

The Myth of International Delegation (with Jennifer Landsidle), California Law Review (2008)

There is a growing and misinformed sense in some quarters that the United States and...

 

PDF

International Tribunals: A Rational Choice Analysis, University of Pennsylvania Law Review (2008)

In well-functioning domestic legal systems, courts provide a mechanism through which commitments and obligations are...

 

Link

How International Law Works, Oxford University Press (2008)

How International Law Works presents a theory of international law, how it operates, and why...

 

PDF

Customary International Law in the 21st Century (with Timothy L. Meyer), Progress In International Organization (2007)

This chapter argues that rules of CIL support “harder” legal agreements by reducing the costs...

 

OpenURL

Reputation and International Law, Georgia Journal of International and Comparative Law (2006)

Among the reasons that states comply with international law in the absence of coercive enforcement...

 

PDF

The Promise of International Law, Virginia Law Review (2006)

In their recent book, The Limits of International Law, Professors Goldsmith and Posner throw down...

 

PDF

Saving Customary International Law, Michigan Journal of International Law (2005)
 

PDF

The Design of International Agreements, European Journal of International Law (2005)

States entering into international agreements have at their disposal several tools to enhance the strength...

 

PDF

Trade, Labor, Legitimacy, California Law Review (2003)
 

PDF

A Compliance-Based Theory of International Law, California Law Review (2002)

This Article examines international law from the perspective of compliance. It puts forward a theory...

 

PDF

The Cost of Credibility: Explaining Resistance to Interstate Dispute Resolution Mechanisms, Journal of Legal Studies (2002)

This paper explains why the use of mandatory dispute resolution clauses is the exception rather...

 

C. International Economic Law

Extraterritoriality and Cooperation (2011)
 

A Strategy for Cooperation in Global Competition Policy, Regulation and Competition in the Global Economy: Cooperation, Comity, and Competition Policy (2010)
 

PDF

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...

 

Regulation and Competition in the Global Economy: Cooperation, Comity, and Competition Policy, Oxford University Press (2010)
 

The Consent Problem in International Law (2010)
 

Link

A Plan to Make Imports Safe, San Francisco Chronicla (2009)
 

How We Can Protect Ourselves From Unsafe Foreign Goods, San Jose Mercury News (2009)
 

PDF

Keeping Imports Safe: A Proposal For Discriminatory Regulation Of International Trade (with Kenneth A. Bamberger), California Law Review (2008)

The benefits of overseas outsourcing have come at a cost. Americans enjoy unprecedented levels of...

 

Cooperation in International Antitrust, Research Handbook in International Economic Law (2007)
 

PDF

International Competition Law, Research Handbook in International Economic Law (2007)
 

Link

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...

 

PDF

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...

 

PDF

Global Governance and the WTO, Harvard International Law Journal (2004)
 

The Case for International Antitrust, Competition Law in Conflict: Antitrust Jurisdiction in the Global Economy (2004)
 

OpenURL

International Antitrust and the WTO: The Lesson from Intellectual Property, Virginia Journal of International Law (2003)
 

PDF

Trade, Labor, Legitimacy, California Law Review (2003)
 

PDF

Choice of Law: New Foundations, Georgetown Law Journal (2002)
 

OpenURL

Public Choice and International Regulatory Competition, Georgetown Law Journal (2002)
 

PDF

Antitrust and International Regulatory Federalism, New York University Law Review (2001)

In this Essay, Andrew Guzman proposes internationalization of antitrust law to supplant current methods of...

 

PDF

International Bankruptcy: In Defense of Universalism, Michigan Law Review (2000)
 

PDF

An Economic Analysis of Transnational Bankruptcies (with Lucian Arye Bebchuk), Journal of Law and Economics (1999)

This paper analyzes the effects of the legal rules governing transnational bankruptcies. We compare a...

 

PDF

Capital Market Regulation in Developing Countries, Virginia Journal of International Law (1999)
 

PDF

Is International Antitrust Possible?, New York University Law Review (1998)

This Article analyzes the economic incentives countries face in selecting an antitrust policy. It demonstrates...

 

OpenURL

Portable Reciprocity: Rethinking the International Reach of Securities Regulation (with Stephen Choi), Southern California Law Review (1998)
 

OpenURL

National Laws, International Money: Regulation in a Global Capital Market (with Stephen Choi), Fordham Law Review (1997)
 

OpenURL

The Dangerous Extraterritoriality of American Securities Regulation (with Stephen Choi), Northwestern Journal of International Law and Business (1996)
 

E. International Trade

PDF

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...

 

Link

A Plan to Make Imports Safe, San Francisco Chronicla (2009)
 

How We Can Protect Ourselves From Unsafe Foreign Goods, San Jose Mercury News (2009)
 

PDF

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.

 

PDF

Dispute Resolution in SPS Cases, Ten Years of WTO Dispute Settlement (2007)

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) aims to find the right equilibrium...

 

Link

An Insider's Guide to the WTOs Problems, Bridges (2005)
 

PDF

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...

 

OpenURL

Food Fears: Health and Safety at the WTO, Virginia Journal of International Law (2004)
 

PDF

Global Governance and the WTO, Harvard International Law Journal (2004)
 

OpenURL

International Antitrust and the WTO: The Lesson from Intellectual Property, Virginia Journal of International Law (2003)
 

PDF

Trade, Labor, Legitimacy, California Law Review (2003)
 

PDF

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...

 

D. Foreign Direct Investment

PDF

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...

 

PDF

Why LDCs Sign Treaties That Hurt Them: Explaining the Popularity of Bilateral Investment Treaties, Virginia Journal of International Law (1998)
 

G. Empirical Studies

PDF

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...

 

PDF

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...

 

PDF

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

Extraterritoriality and Cooperation (2011)
 

Soft Law and the Global Commons: Soft Law Approches to International Environmental Challenges (with Chris Brummer & Timothy Meyer) (2011)
 

Two Degrees: How Climate Change Will Cause Floods, Famine, War, and Disease (2011)
 

PDF

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...

 

OpenURL

Choice and Federal Intervention in Corporate Law (with Stephen Choi), Virginia Law Review (2001)
 

PDF

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...

 

OpenURL

Portable Reciprocity: Rethinking the International Reach of Securities Regulation (with Stephen Choi), Southern California Law Review (1998)
 

OpenURL

How Would You Like to Pay for That? The Strategic Effects of Fee Arrangements on Settlement Terms (with Lucian Bebchuk), Harvard Negotiation Law Review (1996)