Kathleen Claussen

Associate Professor of Law

J.D., Yale Law School
M.A., Queen's University Belfast (Mitchell Scholar)
B.A., Indiana University (Wells Scholar)

Phone: (305) 284-6646
Office: G-470

Professor Claussen’s primary scholarly interests include international law, especially trade, investment, international business and labor; dispute settlement and procedure; national security and cybersecurity law; and, administrative law issues surrounding U.S. foreign relations.

Her work has appeared or is forthcoming 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. 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 invited researcher or fellow at numerous institutions around the world, including the University of Cambridge Lauterpacht Centre for International Law where she was a Brandon Fellow, the iCourts Center of Excellence at the University of Copenhagen, the George C. Marshall Center for Security Studies, and the World Trade Institute. In fall 2021, she is a visiting lecturer at the Graduate Institute of International and Development Studies in Geneva and a distinguished guest professor at the University of Zurich. She is also a non-resident Senior Fellow at the Georgetown Institute of International Economic Law.

Professor Claussen holds several leadership positions within international law and arbitration professional associations. Among other activities, she is co-chair of the American Society of International Law (ASIL) International Economic Law Interest Group, a member of the ASIL Executive Council & Executive Committee, co-chair of the Junior International Law Scholars Association, and a member of the Academic Council of the Institute for Transnational Arbitration. She is one of three experts recruited by the Administrative Conference of the United States to study alternative dispute resolution in federal agency programs. In 2021, she was appointed co-Editor-in-Chief of the Journal of International Economic Law.

Immediately prior to joining the Miami Law faculty in 2017, 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.

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 served as a law clerk to 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.

 

 Publications

Mini-Deals, 62 Va. J. Int'l L. forthcoming (2022).

Improvised Implementation: Executive Agreements as Our Law, 89 U. Chi. L. Rev. forthcoming (2022).

Missing Deals: Transparency in Foreign Commercial Lawmaking, 122 Colum. L. Rev. F. forthcoming (2022).

Trade Administration, 107 Va. L. Rev. 845 (2021).

Under Pressure: Intractable Trade Conflicts and Korea – Pneumatic Valves, with Kristy Buzard, World Trade Rev. (2021).

Trade's Experimental Compliance Mechanisms, in International Economic Dispute Settlement Demise or Transformation? (Manfred Elsig et al., eds.) 350 (2021).

Sovereignty’s Accommodations: Quasi-States as International Lawmakers, in Changing Actors in International Law (Karen N. Scott, et al., eds.) 27 (2021).

Arguing about Trade Law Beyond the Courtroom, in Talking International Law: Legal Argumentation Outside the Courtroom (Ian Johnstone & Steven Ratner eds.) (2021).

Trade's Security Exceptionalism, 72 Stan. L. Rev. 1097 (2020).

Reimagining Trade-Plus Compliance: The Labor Story, 23 J. Int'l Econ. L. 25 (2020).

The International Claims Trade, 41 Cardozo L. Rev. 1743 (2020).

Regulating Foreign Commerce Through Multiple Pathways: A Case Study, 130 Yale L.J. Forum 266 (2020).

The Perils of Pandemic Exceptionalism, with Julian Arato, J. Benton Heath, 114 Am. J. Int’l L. 627 (2020).

Our Trade Law System, 73 Vand. L. Rev. En Banc 195 (2020).

Economic Cybersecurity Law: A Short Primer, in Routledge Handbook of International Cybersecurity (Eneken Tikk & Mika Kerttunen eds.) 341 (2020).

Forgotten Statutes: Trade Law’s Domestic (Re)turn, 112 Am. J. Int'l L. Unbound 40 (2019).

Old Wine in New Bottles? The Trade Rule of Law, 44 Yale J. Int'l L. Online 61 (2019).

Gatekeeper Secretariats, in Legitimacy of Unseen Actors in International Adjudication (Freya Baetens, ed.) 139 (2019).

Functional State Recognition and International Economic Law, in Resolving Conflicts in the Law: Essays in Honour of Lea Brilmayer (Chiara Giorgetti & Natalie Klein, eds.) 152 (2019).

The Other Trade War, 103 Minn. L. Rev. Headnotes 1 (2018).

Separation of Trade Law Powers, 43 Yale J. Int'l L. 315 (2018).

Dispute Settlement Under the Next Generation of Free Trade Agreements, 46 Ga. J. Int'l & Comp. L. 611 (2018).

Tipping Point Challenges in International Economic Disputes, 17 L. & Prac. Int'l Cts. & Tribunals 61 (2018).

Beyond Norms: Using International Economic Tools to Deter Malicious State-Sponsored Cyber Activities, 32 Temple Int'l & Comp L.J. 113 (2018).

The Next Generation of U.S.-Africa Trade Instruments, 111 Am. J. Int'l L. Unbound 384 (2017).

 Media Appearances

Internet: Lawfare August 5 2018 Trade War Battles: Congress Reconsiders Its Role

Internet: Lawfare July 27 2018 Trade War Battles: The International Front

Radio: NPR Marketplace July 25 2018 Mnuchin urges trading partners to drop “non-tariff barriers”

Phone: (305) 284-6646
Office: G-470
Faculty Assistant

Demmings, Sue

Phone: (305) 284-4442
Office: G463

Area of Expertise

  • International Arbitration
  • International Business and Trade Law
  • International Law