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What Law Cannot Explain (or Solve) about Capitalism

If capitalism is a legal regime above all else, then legal reform is not only necessary but sufficient in order to achieve democratic self-governance, ecological sustainability, and equality. As the collapse of the WTO and the rise of China suggest, however, law alone does not decide who holds economic power.

On Tariffs and the Ends of International Economic Law

For decades, the rules of international trade helped cement U.S. firms at the top of global value chains. Should Trump's unapologetic embrace of tariffs be understood as part of a broader loss of faith in those rules among American policymakers? Or is it something else entirely — a bid to remake the relationship between capital and political power within the United States itself?

Genocide and Political Economy: Reconstructing the Relationship

Traditional interpretations of the Genocide Convention construe the crime of genocide in notoriously limited terms. By contrast, South Africa’s genocide case against Israel at the ICJ represents an effort to construct a historically-grounded and political economy-informed understanding of genocidal violence.

Legal Theory in the Lowercase

The idea that LPE is lacking in legal theory, as Sam Moyn has recently claimed, depends on what counts as legal theory. If we take Legal Theory to be a subject that is defined by the Marxism-related anxieties of CLS, then LPE work is severely under-theorised. If, instead, we endorse an idea of legal theory without capitalisation - a way of writing about law that is explicit and explanatory about our assumptions - then many LPE scholars have been analytically generous in presenting their understanding of law and political economy, even if more remains to be done.

Successful Failures: Economic Sanctions, Humanitarianism, and the Undoing of Post-Colonial Sovereignty

Humanitarian concerns have generally failed to bring about concrete legal limits on the use of sanctions as a tool of foreign policy. However, as the ongoing saga concerning the Afghan central bank’s assets indicates, they have succeeded in something much more fundamental: they have legitimized the use of sanctions as a tool for undoing and re-assembling the sovereignty of a postcolonial state.