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Paul Stephan @pbs3.bsky.social · 15/07/2026

@bsky.app Following up on my Transnational Litigation Blog, I have expanded on the point on Substack: paulstephan.substack.com/p/strange-st...

paulstephan.substack.com

Strange Statutory Interpretation in Foreign Relations Law: The October 2025 Term

Has the Court lost its way?

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Paul Stephan @pbs3.bsky.social · 17/03/2026

I have published a piece on Trump's bargaining strategy, linking his approach to tariffs to his path to the present war against Iran, on Notes from the Miller Center, with a follow up on Substack. See uvamillercenter.substack.com/p/implausibl... and paulstephan.substack.com/p/implausibl...

uvamillercenter.substack.com

Implausible deniability

Trump tries to slip the bonds of annoying law with his tariffs

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Paul Stephan @pbs3.bsky.social · 24/02/2026

The great folks at Lawfare have published my views on the implications of Learning Resources, the tariffs case. More later on my substack. www.lawfaremedia.org/article/lear...

lawfaremedia.org

Lawfare

Hard National Security Choices

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Paul Stephan @pbs3.bsky.social · 04/11/2025

Andrew Kent and I have a blog post on Quorum Call, the blog of the Harvard Law School Journal of Legislation, about the tariffs case being argued tomorrow. You can find it here: journals.law.harvard.edu/jol/2025/11/...

journals.law.harvard.edu

Does the President Have Power to Impose Tariffs Using Peacetime Economic Sanctions Legislation? – Harvard Journal on Legislation

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Paul Stephan @pbs3.bsky.social · 26/10/2025

A substack post about the brief Andrew Kent and I submitted in Learning Resources, Inc. v. Trump, the tariffs case: paulstephan.substack.com/p/an-amici-b...

paulstephan.substack.com

An Amici Brief in the Tariffs Case

Andrew Kent and I filed a brief last week in Learning Resources, Inc. v. Trump

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Paul Stephan @pbs3.bsky.social · 23/10/2025

The amici brief of Professors of US Foreign Relations Law in Learning Resources, Inc. v. Trump, has been filed and can be downloaded at www.supremecourt.gov/DocketPDF/24... I am happy to serve as counsel of record, but Andrew Kent did a terrific job in helping to put this together.

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Reposted by Paul Stephan

Simon Lester @simonlester.com · 22/10/2025

New amicus brief in IEEPA tariff case by law profs @andrewkent.bsky.social @pbs3.bsky.social: "Interpreting IEEPA as not covering tariffs or other monetary exactions does not hobble the President. Existing trade law gives him significant authority to adjust tariffs to confront a national emergency."

supremecourt.gov

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Paul Stephan @pbs3.bsky.social · 30/09/2025

My piece on the Trump tariffs litigation in the Supreme Court has just dropped: www.lawfaremedia.org/article/ieep... Headline: The administration does not have the legal basis it claims to impose these tariffs.

lawfaremedia.org

IEEPA Authorizes Asset Freezing, Not Seizing

Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.

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Paul Stephan @pbs3.bsky.social · 14/08/2025

The NY Times quotes me about yacht-based sanctions: nytimes.com/2025/08/14/w... TLDR: These kinds of sanctions cause pain to the adversary but probably won't generate a lot of money for those we support.

nytimes.com

The U.S. Is Auctioning a Seized Russian Yacht. Will Anyone Buy It?

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Paul Stephan @pbs3.bsky.social · 07/07/2025

My keynote address for the Chicago Journal of International Law's symposium is now in print: cjil.uchicago.edu In addition, the Research Agenda for Global Power Shifts and International Economic Law, edited by Joel Slawtowsky, is now out: www.e-elgar.com/shop/usd/a-r...

cjil.uchicago.edu

Chicago Journal of International Law

The University of Chicago, Chicago Journal of International Law is a journal of legal scholarship edited by students of The University of Chicago Law School.

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Paul Stephan @pbs3.bsky.social · 22/06/2025

A new, and I hope last, post on the Devas decision. This one looks at whether suits seeking to confirm an arbitral award based on the New York Convention must satisfy a subject matter jurisdiction requirement. paulstephan.substack.com/p/devas-and-...

paulstephan.substack.com

Devas and Subject Matter Jurisdiction

In an earlier post on this platform, I discuss what a personal jurisdiction requirement for suits confirming a foreign arbitral award would look like.

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Paul Stephan @pbs3.bsky.social · 20/06/2025

Farewell to Shenzhen and my wonderful students at Peking University School of Transnational Law.

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Paul Stephan @pbs3.bsky.social · 19/06/2025

My take on the Supreme Court's Devas opinion has appeared on Transnational Litigation Blog: tlblog.org/three-questi... I have additional thoughts on my substack: paulstephan.substack.com/p/more-on-in... Please subscribe! It's free (and perhaps still overpriced).

tlblog.org

Three Questions for the Ninth Circuit in Antrix - Transnational Litigation Blog

The Supreme Court’s recent decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. represents a minimalist response to a narrow question embedded in a procedural labyrinth. As Ingrid Brunk noted on...

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Paul Stephan @pbs3.bsky.social · 29/04/2025

Following my appearance on the Clauses and Controversies podcast, I have published some additional thoughts on my substack: paulstephan.substack.com/p/state-succ...

paulstephan.substack.com

State Succession and Sovereign Debt

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Paul Stephan @pbs3.bsky.social · 28/04/2025

My guest appearance on Clauses and Controversies: soundcloud.com/clauses-cont... Mitu, Mark and I discuss successor-state debtor and creditor issues with respect to Syria, Ukraine, and, speculatively, Greenland.

soundcloud.com

Ep 156 ft. Paul Stephan

Is There Any Law of State Succession? Syria, Ukraine and Greenland. The law of state succession to obligations comes mostly from a different era, when war and conquest were legal and borders changed

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Paul Stephan @pbs3.bsky.social · 04/03/2025

Wednesday 1:30 pm EST the Federalist Society is hosting George Bermann, Ingrid Brunk, and myself on Devas v. Antrix, argued Monday morning in SCOTUS, Julian Ku moderating. Link at fedsoc.org/events/do-fo...

fedsoc.org

Do Foreign States Deserve Due Process? “Minimum Contacts” and the Future of International Arbitration

Devas v. Antrix considers whether foreign governments are protected by the Fifth Amendment’s Due Pro...

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Paul Stephan @pbs3.bsky.social · 31/01/2025

I have just published a substack post, this one about my keynote address for the Chicago International Law Journal's annual symposium on technological innovation in global governance. It's free, and you can find it here: open.substack.com/pub/paulstep...

open.substack.com

The Reign of Cerberus: International Law and Technological Innovation

My keynote paper at the Chicago Journal of International Law annual symposium

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Paul Stephan @pbs3.bsky.social · 29/01/2025

Having just submitted an amicus brief in CC/Devas (Mauritious) Limited v. Antrix Corp. in support of respondents, I share my reflections on the case on my substack: open.substack.com/pub/paulstep... Also cross-posted on Transnational Litigation Blog tlblog.org/cc-devas-mau...

open.substack.com

CC/Devas (Mauritius) Limited v. Antrix Corp.: International Arbitration and Constitutional Avoidance

Last Friday I filed an amicus brief in CC/Devas (Mauritius) Limited v.

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Paul Stephan @pbs3.bsky.social · 25/01/2025

Yesterday I filed an amicus brief on behalf of respondents in CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd., No. 23-1201, a case involving the Foreign Sovereign Immunities Act in which the Supreme Court will here oral argument on March 3. Here is the link: www.supremecourt.gov/DocketPDF/23...

supremecourt.gov

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Paul Stephan @pbs3.bsky.social · 16/01/2025

Another substack post, brief thoughts on the hostage/peace agreement in Gaza that comes just as a finish up my time teaching at Tel Aviv University: substack.com/inbox/post/1...

substack.com

The Gaza Peace Agreement

Today is my last day teaching in the law faculty of Tel Aviv University.

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Paul Stephan @pbs3.bsky.social · 23/12/2024

Our paper, The Syndicated Loan for Ukraine: A Model for Future Crisis Collaboration, with Ashley Deeks and Mitu Gulati, is now up on SSRN: papers.ssrn.com/sol3/papers.... Soon to appear in the Capital Markets Law Review.

papers.ssrn.com

The Syndicated Loan for Ukraine: A Model for Future Crisis Collaboration

The recently-announced $50 billion loan package from the G7 nations to Ukraine fell short of the $300 billion or so hoped for by the designers of its framework.

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Paul Stephan @pbs3.bsky.social · 03/12/2024

I took part in a Clauses and Controversy podcast, discussing the NML case and Argentina's contributions to international law: podcasts.apple.com/us/podcast/e... I expand on the podcast in a new Substack post: open.substack.com/pub/paulstep... Please consider subscribing to my substack: It's free!

podcasts.apple.com

Ep 147 ft. Paul Stephan

Podcast Episode · Clauses & Controversies · 12/01/2024 · 48m

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Paul Stephan @pbs3.bsky.social · 22/11/2024

I have just published a new post on substack, linked to a panel discussion in which I took part on Eisenhower and Civil Rights. You can read it at paulstephan.substack.com/publish/post.... And please subscribe to my substack!

paulstephan.substack.com

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Paul Stephan @pbs3.bsky.social · 18/11/2024

I have activated my substack @paulstephan by reposting my recent contribution to Transnational Litigation Blog, with some additional comments. You can find it at substack.com/home/post/p-... Please subscribe!

substack.com

Comity and Kleptocrats

An Experiment in Substacking

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Paul Stephan @pbs3.bsky.social · 02/11/2023

My interview of KCBS regarding the law of war and Gaza: www.audacy.com/podcast/kcbs...

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Paul Stephan @pbs3.bsky.social · 24/10/2023

My bit on WGN's Legal Face-Off about the Law of War and Israel-Gaza: WGN Radio: wgnradio.com/wgn-plus/leg... Facebook: fb.watch/nSr9dRIDDN/ LinkedIn: www.linkedin.com/feed/update/... Twitter: x.com/WGNLegalFace... Instagram: www.instagram.com/reel/CywAh7O...

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Paul Stephan @pbs3.bsky.social · 20/10/2023

Yet another emission on the confiscation of Russian assets, with Lee Buchheit on Lawfare Blog: www.lawfaremedia.org/article/once...

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