Content area
Full Text
Following World War II, the international community crafted a new worldview. Driven by a philosophy of transnationalism, States designed a modern framework for international relations.1 They collectively agreed to no longer tolerate unilateral tactics, such as coercion, sanctions, or sheer force, to compel submission to individual ambitions and desires.2 Instead, States adopted transnational rules, derived from multilateral and bilateral agreements, systems of global trade, established international norms, and decisions by international tribunals.3 U.S. leadership was key to establishing and encouraging acquiescence to this system.4 On many levels this transnational legal system has been a success. It informs approaches to international affairs, human rights, foreign policy, business transactions, and related disputes.
Yet recent years have seen an increasing return to unilateralism and go it alone attitudes. Perhaps history will show that the U.S. has also been a leader in this area.5 Since January 2017, the policies and ideologies of the Trump Administration have consistently challenged the modern transnational legal system and the future of global dispute resolution.6
This is best exemplified by the 73rd Session of the U.N. General Assembly in New York City during Fall 2018. Among the highlights of this program is the annual General Debate, where world leaders gather to discuss compelling global issues.7 Leaders of 34 Member States presented remarks, many emphasizing the need for global cooperation and harmony. For example, President Temer of Brazil encouraged world leaders to respond to increasing "isolationism, intolerance, and unilateralism . . . . with the best of ourselves."8 President Erdogan of Turkey encouraged Member States to refrain from trade wars, which he characterized as "harmful to humanity," stressing that spreading protectionism and the use of economic sanctions as a weapon may damage the world trade regime.9 And President Macron of France, echoing postWorld War II sentiments, spoke optimistically of a "new world balance . . . crafted together [through] forums of international and regional cooperation."10
President Trump, however, had a different message for world leaders: "America will always choose independence and cooperation over global governance, control and domination . . . We will never surrender America's sovereignty to an unelected, unaccountable global bureaucracy. America is governed by Americans. We reject the ideology of globalism. And we embrace the doctrine of patriot- ism."11 These were not...