The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign commerce power resides primarily with the executive branch. Please join WITA as we discuss the competing demands on the trade administrative state to both liberalize trade and to restrict it in the name of “economic security” when the executive deems necessary. Panelists will also discuss reforms that Congress could pass to restore balance to the branches regulation of foreign commerce.
Featured Speakers:
Kathleen Claussen, Professor of Law, Georgetown University Law Center
Timothy Meyer, Richard Allen/Cravath Distinguished Professor in International Business Law, Duke University School of Law
Moderator: Michael J. Smart, Managing Director, Rock Creek Global Advisors
Speaker Biographies
Professor Kathleen Claussen is a Professor of Law at Georgetown University Law Center and has served as arbitrator, counsel, expert, public servant, and teacher. Her expertise covers several topics of international law, especially trade, investment, international business and labor; dispute settlement and international dispute bodies; national security and cybersecurity law; and administrative law issues surrounding U.S. foreign relations and transnational agreements.
Her work has appeared in the Yale Law Journal, the Stanford Law Review, the Columbia Law Review, the University of Chicago Law Review, and the Virginia Law Review, among others, as well as in leading international law journals. One of her articles on international investment disputes, The International Claims Trade, was awarded the Smit-Lowenfeld Prize in International Arbitration. Professor Claussen is also the co-founder of SAILS: the Consortium for the Study and Analysis of International Law Scholarship. She is the editor (with Geraldo Vidigal) of The Sustainability Revolution in Trade Agreements, forthcoming with Oxford University Press. She also co-edits an open-access textbook on international trade law together with Julian Arato, Joseph Weiler, and Sungjoon Cho. Professor Claussen has also blogged at Lawfare, Just Security, the International Economic Law & Policy Blog, and Opinio Juris, and is regularly featured on or consulted as an expert for various media outlets such as the Wall Street Journal, Marketplace, Bloomberg, and the Financial Times.
Professor Claussen has served as an arbitrator, as counsel, or as counsel to the tribunal in more than a dozen international trade and investment cases. She has been named to three arbitration rosters to serve as panel chair or panel member in state-to-state disputes. She is also regularly called upon to testify as an expert before legislative and independent review boards. In 2021-2022, she co-authored a study commissioned by the Administrative Conference of the United States on alternative dispute resolution in federal agency programs.
Professor Claussen has served as a visiting faculty member or invited researcher at numerous institutions around the world, including Northwestern University Pritzker School of Law, the University of Cambridge Lauterpacht Centre for International Law where she was a Brandon Fellow, the Graduate Institute of International and Development Studies in Geneva, the iCourts Center of Excellence at the University of Copenhagen, the George C. Marshall Center for Security Studies, the University of Zurich and Collegium Helveticum, and the World Trade Institute. Prior to joining the Georgetown faculty in 2023, she was a member of the faculty at the University of Miami School of Law for five years.
Professor Claussen holds several leadership positions within international law and arbitration professional associations. In 2021, she was appointed co-Editor-in-Chief of the Journal of International Economic Law. Her other recent governance appointments include the American Society of International Law (ASIL) International Economic Law Interest Group, the ASIL Executive Council & Executive Committee, and the Junior International Law Scholars Association. She is also a member of the Academic Council of the Institute for Transnational Arbitration and the Academic Forum on Investor-State Dispute settlement.
Before joining the academy, Professor Claussen was Associate General Counsel at the Office of the U.S. Trade Representative in the Executive Office of the President. There, she represented the United States in trade dispute proceedings and served as a legal advisor for the United States in international trade negotiations. She also worked on economic security issues on behalf of USTR at the National Cyber Investigative Joint Task Force. In 2020-2021, she was an invited member of the Biden-Harris Transition Team, covering trade, commerce, and development agencies.
Earlier in her career, Professor Claussen was Legal Counsel at the Permanent Court of Arbitration in The Hague where she advised on disputes between countries, and on investment and commercial arbitrations involving countries and international organizations. She also clerked for the Honorable David F. Hamilton of the U.S. Court of Appeals for the Seventh Circuit. At Yale, Professor Claussen served on the board of the Yale Law Journal and was Editor-in-Chief of the Yale Journal of International Law. She was awarded the Jerome Sayles Hess Fund Prize for excellence in international law and the Howard M. Holtzmann Fellowship in international dispute resolution.
Timothy Meyer is Richard Allen/Cravath Distinguished Professor in International Business Law at Duke University School of Law and is an expert in international law—with specialties in international trade, investment and environmental law—and U.S. foreign relations law. He is co-director of Duke Law’s Center for International and Comparative Law. Meyer also serves on the Board of Editors of the American Journal of International Law and is an elected member of the American Law Institute.
Meyer’s research examines the factors that influence the design, implementation, and evolution of international legal institutions, as well as the role of the constitutional separation of powers in U.S. foreign policymaking. Specific topics include the implementation of public policy exceptions in international trade agreements, the interaction of international and local rules on energy subsidies, the role of local governments in free trade agreements, and the creation of non-binding “soft law” obligations. Professor Meyer’s work has appeared in the Columbia Law Review, the University of Pennsylvania Law Review, the California Law Review, the Journal of Legal Analysis and the American and European Journals of International Law, among others. He is also the author (with Andrew T. Guzman) of GOLDILOCKS GLOBALISM, forthcoming from Oxford University Press, and the editor (with Harlan Grant Cohen) of INTERNATIONAL LAW AS BEHAVIOR, from Cambridge University Press.
Meyer is the author (with Todd N. Tucker) of The Green Steel Deal, a proposal for an international arrangement on decarbonizing the steel sector through a mix of domestic and international trade measures. He has testified before the U.S. Senate Committees on Foreign Relations and the Judiciary and has served both as counsel and as an expert in international arbitrations and in cases raising international and foreign relations law issues in U.S. courts. The European Union has also named Meyer to its list of possible chairpersons for arbitrations and trade and sustainable development disputes arising under its trade agreements.
Prior to joining the Duke Law faculty in 2022, Meyer was a professor of law and director of the International Legal Studies Program at Vanderbilt University Law School. He has also taught at the University of Georgia School of Law. Before entering the academy, he served as an attorney-adviser in the U.S. State Department’s Office of the Legal Adviser and clerked for the Honorable Neil M. Gorsuch when Justice Gorsuch served on the U.S. Court of Appeals for the Tenth Circuit. Meyer earned his B.A. and M.A. (History) from Stanford University and his J.D. and Ph.D. (Jurisprudence and Social Policy) from the University of California, Berkeley.
Michael J. Smart is a Managing Director at Rock Creek Global Advisors, where he focuses on international trade and investment policy, including market access and regulatory matters. He also advises multinational companies on sanctions, supply chain policy, and trade-related climate measures.
Mr. Smart previously served as Trade Counsel on the Democratic staff of the US Senate Committee on Finance. In that role, he advised Chairman Max Baucus (D-MT) and members of the committee on various trade matters, including World Trade Organization negotiations and dispute settlement, free trade agreements, agricultural trade, and the trade aspects of legislation to address climate change.
Before joining the Finance Committee, Mr. Smart was Director for International Trade and Investment on the staff of the National Security Council at the White House. Mr. Smart focused on the Doha Development Agenda, trade in financial services, free trade agreements, and bilateral investment treaties. He also served as the lead White House staff for cabinet-level dialogues with Brazil and India.
Mr. Smart was previously an associate at the law firm of Sidley Austin LLP, where his practice focused on international trade and investment policy and dispute resolution. He represented companies and governments in WTO, investment treaty, and NAFTA disputes. Earlier in his career, Mr. Smart was Legislative Director for former Congressman Earl Pomeroy (D-ND).
Mr. Smart has appeared on CNN International, BBC News, Bloomberg News, and Channel News Asia and has been quoted in publications such as the New York Times, Washington Post, Wall Street Journal, Politico, and Financial Times.
Mr. Smart is a member of the Executive Circle of the Institute of International Economic Affairs at The George Washington University and a member of the Board of Directors of the Washington International Trade Association. Mr. Smart received his BA in International Affairs from The George Washington University (Phi Beta Kappa and magna cum laude) and his JD from Georgetown University Law Center (cum laude).