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For their encouraging, thoughtful, and instructive feedback on previous drafts of this article, the author would like to extend sincere thanks to Professor Michael Schmitt, Professor Richard Barnes, Professor Hitoshi Nasu, Professor Mike Williams, Professor Helena Wray, Dr. Edwin Egede, and Professor Andrea Lista. He would further like to thank his master’s degree mentor of many moons ago, Professor Craig Barker, for originally piquing his interest in transnational law and for inspiring him to continue academic research.

I am grateful to Professor Matthew Stephenson, Phil Mason OBE, Branislav Hock, William Thomas, Jordan English, Ashrutha Rai, Sagnik Das, and the participants of Harvard Law School’s 2019 Global Anti-Corruption Lab for their thoughts and feedback on this Article. I am indebted to Zach Heater, Jared Mayer, Neema Hakim, Daniel Sung, Keila Mayberry, Maria O’Keeffe, and the editorial team of the Chicago Journal of International Law for their assistance in the preparation of this Article. An earlier version of this Article was presented at the OECD 2019 Anti-Corruption & Integrity Forum, and I am grateful to those attendees who provided comments and suggestions, including the prosecutors from anti-corruption enforcement agencies in the U.S. and U.K. who provided insight, counterargument, and criticism. The views and opinions expressed in this Article are mine alone, as are any errors.

An earlier version of this Article was presented at the 4th Annual Conference of the Global Business and Human Rights Scholars Association at New York University in September 2018; at a faculty seminar at the University of Connecticut in February 2019; and at the Innovate Rights Conference at the University of New South Wales in May 2019. The current draft was presented at the Academy of Legal Studies in Business Conference in August 2020. The authors are grateful to Justine Nolan, Shareen Hertel, Stephen Park, and Onyeka Osuji for their helpful comments, and to Gianni Garyfallos for his research assistance.

The author is grateful to Bruce Burson, Geoffrey Cantor, Jean-François Durieux, Walter Kälin, Ana Luquerna, and Atle Solberg for their useful comments on earlier drafts of this Article. The views expressed in the Article, and any errors that it contains, remain those of the author alone. The research on which the Article builds was generously supported by Economic and Social Research Council [grant number ES/K001051/1].

The author would like to thank Professor Tom Ginsburg for his valuable guidance, as well as her editors, friends, and the CJIL Board for their thoughtful and thorough insights.

The author is grateful for the resources provided by the GDP Center in support of this research. The author also wishes to thank Kevin Gallagher, Rachel Thrasher, Devika Dutt and all the participants of the Workshop on Trade and Investment Treaties & Fiscal Stability: Toward Sustainable Revenue Mobilization for Development held on November 15, 2019 at the GDP Center (Boston University).

I would like to thank Professor Douglas Baird for his insightful comments and strong support for this project. I would also like to thank Beth Macnab, Nyle Hussain, Bonnie St. Charles, Julian Zhu, Sarah Gaskell, and the rest of the CJIL team for their helpful comments and criticisms, and for their guidance along the way. Lastly, I would like to thank the friends with whom I have discussed this topic in conversation many times and to whose encouragement and support this Comment is largely owed.

I would like to thank Professor Emily Buss, Professor Claudia Flores, and the entire Chicago Journal of International Law staff for providing me with invaluable feedback on this Comment.

The author would like to thank all those involved in creating this Comment, especially her faculty advisor, Professor Tom Ginsburg, her editors (Rebecca Ritchie, Trevor Kehrer, and Silver Lin) and the entire CJIL Board. Finally, special thanks to Bradley, Jeanette, Mark, Chelsea, and Kayla for their consistent and uplifting encouragement.

The author wishes to thank his partner Barbara Silva for her endless love, faith, and support. The author also wishes to thank the entire Chicago Journal of International Law editorial staff for their extensive review, his editor Christine Liu for her guidance, and Professor Adam Chilton for his advisement.

The author would like to thank John Meyer, Woody Powell, Nick Sherefkin, Audrey Tempelsman, and participants in the 2018 American Society of International Law Research Forum for comments on earlier drafts. The author would also like to thank Julian Nyarko for the data on treaties and executive agreements in force, as well as the staff of the Chicago Journal of International Law for their excellent editorial assistance. All views and errors are attributable to the author alone.

The author would like to thank everyone involved in crafting and shaping this Comment, especially her faculty advisor, Professor Mary Ellen O’Connell, her editors (Osama Alkhawaja, Whittney Barth, Michael Christ, Mark Cronin, Nyle Hussain, Casey Jedele, Justyna Jozwik, and Brian Pollock), and the entire CJIL Board. Special thanks to Carol, Mark, Jake, and Rob for their love and support. Finally, this Comment would not exist without Michael J. Assante, in whose memory this Comment is offered, and Page O. Stoutland, who first opened the author’s eyes to the idea of active cyber defense.