In this Article, Professor Van Alstine examines the costs of legal transition associated with the adoption of multilateral treaties. These "legal transition costs" arise from the need to learn about the content of new legal norms as well as the uncertainty and related costs that flow from the loss of the accrued experience with the old legal regime and from contending with doubts about the new one. Building on earlier work on this phenomenon, Professor Van Alstine analyzes the special implications of transition cost analysis in the context of multilateral treaties such as the one proposed by Professors Dreyfuss and Ginsburg in the field of international intellectual property law.
Michael P. Van Alstine,
Treaty Law and Legal Transition Costs,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol77/iss3/9