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A provocative take on the US national security tariffs. bit.ly/31peM8A. @rodrikdani suggests "the best we can hope for is what one might call 'democracy-enhancing global governance'" based on procedural requirements. 1/4
I generally agree with the diagnosis. I'm skeptical that the response is as easy as shifting from substantive to procedural review (e.g., for transparency). In practice, these procedural principles are so open-ended they can simply mask a more substantive decision. 2/4
Neither do I think that 100% non-jusiticability is the answer - maybe in other times/contexts, but not today. But int'l courts could steer deliberations about #NatSec measures to other domestic & int'l fora where appropriate, & this is worth exploring further. 3/4
Here's where I'm grappling with these issues: papers.ssrn.com/sol3/papers.cf…. Still in progress; comments welcome. 4/4
