An Introduction to the Trump Effect on the Future of Global Dispute Resolution

10 Pages Posted: 12 Apr 2019 Last revised: 1 May 2020

See all articles by Kiran Nasir Gore

Kiran Nasir Gore

George Washington University - Law School; New York University (NYU)

Date Written: March 1, 2019

Abstract

Following World War II, the international community crafted a new worldview. Driven by a philosophy of transnationalism, States designed a modern framework for international relations. They collectively agreed to no longer tolerate unilateral tactics, such as coercion, sanctions, or sheer force, to compel submission to individual ambitions and desires. Instead, States adopted transnational rules. These are derived from multilateral and bilateral agreements, systems of global trade, established international norms, and decisions by international tribunals. U.S. leadership was key to establishing and encouraging acquiescence to this system. On many levels this transnational legal system has been a success. It informs approaches to international affairs, human rights, foreign policy, business transactions, and related disputes.

Yet recent years have seen an increasing return to unilateralism and “go it alone” attitudes. Perhaps history will show that, here too, the U.S. has been a leader. Since January 2017, the policies and ideologies of the Trump Administration have consistently challenged the modern transnational legal system and the future of global dispute resolution.

Keywords: extraterritoriality, Trump, dispute resolution, NAFTA, USMCA, WTO, sanctions, arbitration, trade, international arbitration, international affairs, foreign policy, international law, global affairs, ISDS, investor-state dispute settlement

JEL Classification: K33, K41

Suggested Citation

Gore, Kiran Nasir, An Introduction to the Trump Effect on the Future of Global Dispute Resolution (March 1, 2019). 51 Geo. Wash. Int’l L. Rev. Issue 4 (2019). Available at SSRN: https://ssrn.com/abstract=3356649 or http://dx.doi.org/10.2139/ssrn.3356649

Kiran Nasir Gore (Contact Author)

George Washington University - Law School ( email )

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New York University (NYU) ( email )

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