Trading Spaces: The Changing Role of the Executive in U.S. Trade Lawmaking

@article{Claussen2017TradingST,
  title={Trading Spaces: The Changing Role of the Executive in U.S. Trade Lawmaking},
  author={Kathleen Claussen},
  journal={Indiana Journal of Global Legal Studies},
  year={2017},
  volume={24},
  pages={345 - 368}
}
  • K. Claussen
  • Published 15 August 2017
  • Law
  • Indiana Journal of Global Legal Studies
Abstract: Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond… 
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19 References

Presidential Power over International Law: Restoring the Balance

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  • D. Gantz
  • Economics, Political Science
  • 2008
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