International Trade ♦ Article
Domestic Stability and International Trade Order
This Article challenges the theoretical frameworks through which we have so far apprehended the crisis of the liberal international trade and economic order, precipitated by relentless unilateral action — whether tariffs or industrial policy — especially in the United States. It argues that the conventional concerns about unilateralism overlook the ways in which unilateralism has been — and can be — a foundation for international order rather than its antithesis.
Sannoy Das
International Arbitration♦ Note
Blurred Boundaries: Illegally Obtained Evidence and the Future of Admissibility Standards in International Arbitration
This Note examines the complex and evolving issue of whether illegally obtained evidence should be admissible in international arbitration proceedings. While arbitral tribunals are vested with broad discretion over evidentiary matters, there is a lack of a uniform framework to determine the admissibility of evidence procured in violation of law. This Note argues that in the absence of clear institutional or legal guidelines, tribunals must navigate competing values: procedural fairness, the principle of good faith, the integrity of the process, and the truth-seeking function of adjudication.
Drishya Shetty
Contemporary International Law♦ Article
Prohibiting Threats of Aggression
Recent events, especially Russia’s invasion of Ukraine, have revived worries about the international regime regulating the use of force. Vastly less attention has been paid to what often precedes such attacks — threats to use force — and the prohibition on them. While the UN Charter and other legal instruments integrate the threats regime with the regime on actual uses of force, the two regimes are increasingly decoupled, in part because only one considers gradations: the use-of-force regime now identifies more serious variants like aggression and crimes of aggression; threats rules, by contrast, do not. This decoupling reflects real differences in the underlying wrongs, but it is also due to bureaucratic history and path dependence, including reluctance to criminalize threats of aggression while the underlying concept of aggression was still being developed.
Edward T. Swaine
Volume 66 ♦ Issue 1 ♦ Fall 2025
Technology and Data♦ Note
The Transatlantic Data Flow Dilemma
As we text, post, purchase, and engage online, the data of our daily lives is captured, stored, and shared—often without our knowledge or consent. In response, governments across the world have taken markedly different approaches to protecting their citizens’ personal data from unauthorized collection and dissemination. This Note focuses on the efforts of the European Union and the United States to agree on a legal basis for transfers of personal data across the Atlantic.
JEFF STAUTBERG
International Refugee Law ♦ Article
Refugee Markets
Recent years have seen millions of people displaced by major environmental and political upheavals around the world. Yet anti-immigrant sentiments have driven electoral results in the United States and Europe, resulting in hardline shifts in policy. Legal scholars confronting anti-immigrant backlash have advanced sophisticated market models as the next-best solution to the global crisis in refugee protection, on the thought that states in the Global South might be induced to take refugees, for a price, with humanitarian benefits. This Article advocates leveraging existing tools in domestic and international law to resist the normalization of market thinking in international refugee policy.
Neha Jain