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 trade and investment law, dispute settlement and procedure, international and cyber security issues, and transnational business law. Immediately prior to joining the Miami Law faculty, 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 international trade dispute proceedings and served as a legal advisor for the United States in international trade negotiations.  

Professor Claussen is the author of more than twenty articles, chapters, and essays, and co-editor of and contributor to three books. She has been a Brandon Research Fellow at the University of Cambridge’s Lauterpacht Centre for International Law; a visiting scholar at the University of Copenhagen’s Centre of Excellence for International Courts; and, an invited seminar leader at the George C. Marshall Center for Security Studies. In 2018, she was one of eleven scholars selected to present research at the Melbourne/Nottingham/NYU Junior International Law Faculty Forum. Her work on cross-border issues in international commercial arbitration was awarded the International Institute for Conflict Prevention and Resolution Paper Prize.  

Professor Claussen holds a number of leadership positions within international law and arbitration professional associations. In 2018, she served as co-chair of the 112th American Society of International Law (ASIL) Annual Meeting. She leads the organizing committee for the 2018 Joint North American Conference on International Economic Law and served on the 2018 program committee of the Society of International Economic Law. She is also co-vice chair of the ASIL International Economic Law Interest Group, and serves on the Academic Council of the Institute for Transnational Arbitration. Professor Claussen has blogged at Lawfare and Opinio Juris, and been featured as an expert on various media programs such as Marketplace.

Earlier in her career, Professor Claussen was Legal Counsel at the Permanent Court of Arbitration in The Hague where she acted as legal secretary in disputes between countries, and in 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

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) (invited contribution for symposium on “The Next Generation of Trade Agreements).

Beyond Norms: Using International Economic Law Tools to Deter Malicious State-sponsored Cyber Activities, 32 Temp. Int’l & Comp. L.J. ___ (forthcoming, 2018) (invited contribution for symposium on “Cyber Consequences”).

Gatekeeper Secretariats, in Cambridge Studies on International Courts and Tribunals (ed. Freya Baetens) (forthcoming, 2018).

The Evolution of State Recognition with the Growth of International Economic Law, in Liber Amicorum for Lea Brilmayer (eds. Chiara Giorgetti & Natalie Klein) (forthcoming, 2018).

The Future of Mega Regional Agreements: Stocktaking and Glimpsing at Trade Law’s Next Generation, in Proceedings of the 111th Annual Meeting of the American Society of International Law 92 (2018).

Tipping Point Challenges in International Economic Disputes, 16 L. & Prac. of Int’l Cts. & Tribunals 61 (2018) (peer reviewed).

The Next Generation of U.S.-Africa Trade Instruments, 111 AJIL Unbound 384 (2017).

Trading Spaces: The Changing Role of the Executive in U.S. Trade Lawmaking, 24 Ind. J. Global Legal Stud. 345 (2017) (invited contribution for symposium on “The Transnational Executive”).

Keeping up Appearances: the Diversity Dilemma, 4 J. Transnat’l Disp. Mgmt. (2015) (cited in keynote remarks at Columbia Law School’s International Arbitration Day, Spring 2015, and in Arbitral Women’s 2016 conference featured speaker remarks).

Article 8. Repository of published information, in Transparency in International Investment Arbitration (Dimitrij Euler et al. eds., 2015).

International Arbitration and Labour Disputes, in Research Handbook on Transnational Labour Law (Anne Trebilcock & Adelle Blackett eds., 2014).

The Casualty of Investor Protection in Times of Economic Crisis, 118 Yale L.J. 1545 (2009).

Invisible Borders – Mapping Out Virtual Law?, 2009 Denver J. Int’l. L. & Pol’y 257.

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