Alvarez: International Law in a Biden Administration

José E. Alvarez (New York Univ. - Law) has posted International Law in a Biden Administration (New York University Journal of International Law and Politics, forthcoming). Here's the abstract:

The incoming Biden administration’s attempt to ‘restore’ respect for international law and its institutions will be constrained by eight foreign policy trends that will outlast President Trump: (1) preference for non-treaty ‘commitments’ not requiring congressional action; (2) a more hostile view of China and its intentions; (3) skepticism towards the world trading system; (4) reliance on sanctions to punish ‘bad’ actions; (5) wariness towards UN system organizations; (6) aversion to international courts and tribunals; (7) opposition to the use of force (including for ‘humanitarian’ purposes); and (8) ever more ‘ironclad’ commitments to Israel’s security. While Biden will moderate each of these, his ‘restoration’ of international law will be tempered and will not consist of a return to the Obama-era status quo.