Harlan Grant Cohen of Fordham Law School delivered a lecture titled "Outbound Investment Restrictions and International Law’s Challenge" on October 21, 2025, co-sponsored by the APEC Study Center at Columbia University. The event was moderated by Professor José Enrique Alvarez.
In his remarks, Cohen analyzed the United States’ new Outbound Investment Rule, which restricts U.S. investment in certain Chinese advanced technology sectors. While initially presented as a modest step in closing gaps within existing investment screening frameworks, Cohen argued that the rule represents a profound shift in the relationship between governments and global business.
Unlike traditional investment screening mechanisms designed to safeguard the domestic economy, Cohen explained, the Outbound Investment Rule functions more like a sanctions regime—aimed at constraining the technological advancement of other nations. He noted that this marks part of a broader trend toward geoeconomic competition, one that current international economic law is ill-equipped to manage.
Cohen proposed that new international rules and frameworks will be necessary to navigate and mitigate conflicts in an increasingly multipolar and competitive global economy.
A recognized scholar in international law, global governance, and U.S. foreign relations law, Cohen serves as Vice President of the American Society of International Law and sits on the Board of Editors of the Journal of International Economic Law. He has also served on the Board of Editors of the American Journal of International Law.