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 contracts and issues in cross-border business transactions, national security including cybersecurity law, and federalism and conflict of laws. 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.

Professor Claussen’s recent work has appeared or is forthcoming in the print or online editions of the Yale Law Journal, the Stanford Law Review, the Virginia Law Review, the Vanderbilt Law Review, the American Journal of International Law, and the Journal of International Economic Law, among others. In spring 2021, she is Visiting Professor at the Washington and Lee School of Law. 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; a visiting researcher at the World Trade Institute; and, an invited seminar leader at the George C. Marshall Center for Security Studies.

Professor Claussen holds a number of leadership positions within international law and arbitration professional associations. Among other activities, in 2018, she served as co-chair of the 112th American Society of International Law (ASIL) Annual Meeting. She is co-chair of the ASIL International Economic Law Interest Group, a member of the ASIL Executive Council, and serves on the Academic Council of the Institute for Transnational Arbitration. She is also a non-resident Senior Fellow at the Georgetown Institute of International Economic Law. Professor Claussen has blogged at Lawfare, the International Economic Law & Policy Blog, and Opinio Juris, and been featured on or consulted as an expert for various media outlets including the Wall Street Journal, Marketplace, Bloomberg, and the Financial Times.

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

Trade Administration (forthcoming), 107 Va. L. Rev. (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).

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).

Trade Executive Agreements (in progress), .

 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