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Essay
22.1
Herding Schrödinger’s Cats: The Limits of the Social Science Approach to International Law
Simon Chesterman
Dean and Provost’s Chair Professor, National University of Singapore Faculty of Law. This Article was presented at the Chicago Journal of International Law’s symposium on “The Transformation of International Law Scholarship,” held at the University of Chicago and online on February 26, 2021.

Many thanks to Griffin Clark, Tom Ginsburg, Katherine Luo, Ana Carolina Luquerna, and Jared Mayer for their comments and improvements to the draft. Errors and omissions remain the author’s alone.

This Essay argues that an uncritical embrace of social science methods risks losing much of what draws people to international law and what has, over the centuries, given it value. As a work in progress in which academics have a special role to play, a commitment merely to take international law “as it is” is not neutral; it is a value statement in itself.

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Essay
22.1
On Relating Social Sciences to International Law: Three Perspectives
Yifeng Chen
Associate Professor, Peking University Law School.

The author would like to thank the editors of the Chicago Journal of International Law for their valuable editorial input. The author also thanks Xiaolu Fan, research associate with the Peking University Institute of International Law, for her useful research assistance.

This Essay offers a critical yet constructive reading of the social science approach to international law.

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Essay
22.1
Reflections on the Value of Socio-Legal Approaches to International Economic Law in Africa
Olabisi D. Akinkugbe
Assistant Professor at the Schulich School of Law, Dalhousie University, Canada, and an Adjunct Visiting Assistant Professor, at the Fletcher School of Law and Diplomacy, Tufts University, U.S.A. He is also a co-founding editor of Afronomicslaw.org blog which focuses on all aspects of international economic law as they relate to Africa and the Global South, and the African Journal of International Economic Law (AfJIEL).

Thanks to Adam Chilton, Tom Ginsburg, and Daniel Abebe, and the editors of the Chicago Journal of International Law (CJIL) for the invitation to be part of the CJIL 2021 Symposium with the theme: The Transformation of International Law Scholarship.

This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa.

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Article
22.1
The Social Science Approach to International Law
Daniel Abebe
Vice Provost, Harold J. and Marion F. Green Professor of Law, Walter Mander Teaching Scholar, University of Chicago Law School.

The authors would like to thank the editors of the Chicago Journal of International Law and participants in the Symposium for helpful comments.

Adam Chilton
Professor of Law, Walter Mander Research Scholar, University of Chicago Law School.
Tom Ginsburg
Leo Spitz Professor of International Law, University of Chicago Law School.

This Essay describes the rise of the social science approach in international law scholarship and advocates for its continued adoption.

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Comment
21.2
The Application of International Tax Treaties to Digital Services Taxes
Katherine E. Karnosh
J.D. Candidate, 2021, The University of Chicago Law School.

The author wishes to thank her family for their unending love, support, and encouragement, her advisor, Professor Adam Chilton, for his helpful suggestions, and the entire board and staff of the Chicago Journal of International Law for their valuable comments and thorough review.

I. Introduction

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Article
21.2
A Transnational Law of the Sea
Josh Martin

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. Addressing the Legal System; Not Just the Legal Rules

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Article
21.2
Remediation in Foreign Bribery Settlements: The Foundations of a New Approach
Samuel J. Hickey
LLB (Hons I) (Queensland), LLM (Harvard).

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.

I. Introduction

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Article
21.2
Human Rights Disclosure and Due Diligence Laws: The Role of Regulatory Oversight in Ensuring Corporate Accountability
Rachel Chambers
Dr. Chambers is the Postdoctoral Research Associate in Business and Human Rights, Human Rights Institute, University of Connecticut, MA (Oxon) LLM (Kent) PhD (Essex). Barrister-at-law (England and Wales).

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.

Anil Yilmaz Vastardis
Dr. Yilmaz Vastardis is a Senior Lecturer at the School of Law and Human Rights Centre, University of Essex, BA (Marmara University, Turkey) LLM (Essex) PhD (Essex).

I. Introduction

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Article
21.2
Environment, Mobility, and International Law: A New Approach in the Americas
David James Cantor

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].

I. Introduction

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Article
21.1
The Impact of Trade and Investment Treaties on Fiscal Resources and Taxation in Developing Countries
Sonia E. Rolland
Professor of Law, Northeastern University School of Law.

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).