26.2

Winter

2026

Dennis S. Karjala Professor of Law, Science & Technology, Sandra Day O ‘Connor College of Law, Arizona State University. The author owes a debt of gratitude to the careful and diligent research of Tommaso Mossio, and to Prof. Margaret Chon for her helpful suggestions. The author also thanks the volume 26 staff members of the Chicago Journal of International Law for their capable editing work.

Charles Weiner Professor of Law, Temple University Beasley School of Law. Thanks to Ben Heath for comments on an earlier draft.

Associate Professor of International and Public Law, University of Copenhagen Faculty of Law affiliated with iCourts – the Centre of Excellence for International Courts and Governance and Study Hub for International Economic Law and Development (SHIELD). PhD, LLM, LLB, Tel Aviv University Faculty of Law. I thank Jessica Chapman for excellent research assistance. I thank Patrick Barry for many discussions of this paper. This research is funded by the Danish National Research Foundation Grant no.