SIEL Inaugural Conference
with the
Centre for Trade and Economic Integration
at the
Graduate Institute of International and Development Studies, Villa Barton, 132 Rue de Lausanne, Geneva, Switzerland.
Draft Program
(As of 5 July, 2008 – Subject to Change)
Many of the SIEL conference papers are available through SSRN: http://www.ssrn.com/link/SIEL-Inaugural-Conference.html We will continue to add new papers as we receive them.
TUESDAY JULY 15:
13:00 Registration Open (Villa Barton, 132 Rue de Lausanne)
IEL Organizations’ Meetings
13:30-15:00 Women in International Economic Law (WIEL) Meeting
15:00-16:00 Africa Region Roundtable
15:00-17:00 Australia & New Zealand Research Roundtable
15:00-16:00 European Society of International Law - IELIG Meeting
15:00-16:00 Latin America/South America Region Roundtable
16:00-16:55 American Society of International Law - IELG Meeting
16:00-17:00 Asian WTO Research Network Meeting
17:45 Formal Welcome by the SIEL
Donald M. McRae – Interim President SIEL
Hyman Soloway Chair in Business and Trade Law, Law Faculty (Common Law Section), Univ. of Ottawa & Member, UN International Law Commission
Andrew Lang, Co-Chair, Founding Committee SIEL
Law Department, London School of Economics
Colin B. Picker, Co-Chair, Founding Committee SIEL
Daniel L. Brenner/UMKC Scholar & Professor of Law
Univ. of Missouri Kansas City School of Law
Formal Welcome by the Graduate Institute's Centre for Trade and Economic Integration
Joost Pauwelyn, Professor of International Law, the Graduate Institute, Geneva & Member, SIEL Conference Committee
18:15 The Robert Hudec Lecture
Personal Reflections on Robert Hudec:
David Trubek, Senior Fellow, Center for World Affairs and the Global Economy (WAGE) Voss-Bascom Professor of Law Emeritus University of Wisconsin Law School
The Robert Hudec Lecture:
John H. Jackson, University Professor of Law, Georgetown University Law Center
Distinguished Discussant:
Laurence Boisson-de-Chazournes, Professor of International Law and Director of the Department of Public International Law and International Organization at the Faculty of Law of the University of Geneva
19:45 Robert Hudec Lecture Reception (Sponsored by Sidley Austin LLP)
WEDNESDAY JULY 16:
08:30 Registration Open
9:00-10:30
Panel I: A Field Guide to Developing Country Participation in the WTO DSS: Case Studies of Brazil, Bangladesh, Chile, and Egypt (International Centre for Trade and Sustainable Development (ICTSD) Panel)
Ricardo Melendez-Ortiz, Chief Executive, International Centre for Trade and Sustainable Development (Moderator)
Mathias Francke, Deputy Chief of Mission, Permanent Mission of Chile to the WTO, Geneva
Chile’s Role in Cases that Have Significant Systemic and Precedential Value.
Dr. Michelle Ratton Sanchez, Professor of Law at the Law School of Sao Paulo, Getúlio Vargas Foundation (DireitoGV)
An In-Depth Look at How Brazil has Adapted Institutionally to Respond to a More Legalised and Judicialised WTO Regime
Ambassador Dr. Magda Shahin, Director, Trade-Related Assistance Center (TRAC), American Chamber of Commerce in Egypt
The Challenges Facing Developing Countries, and African Countries in Particular, in Effectively Engaging in the DSU
Concurrent with
Panel II: Transparency in Int’l Trade & Investment Dispute Settlement
Junji Nakagawa, Professor of International Economic Law, Institute of Social Science at the University of Tokyo (Moderator)
Yuka Fukunaga, Associate Professor, School of Social Sciences, Waseda University (Japan)
Transparency of the Trade Dispute Settlement Process
Daniel Magraw President and Chief Executive Officer of the Center for International Environmental Law (CIEL), Washington, D.C.
Discusses Ways and Means of Citizens’ Participation in these Dispute Settlement Procedures
Federico Ortino, Lecturer, King’s College London
Internal and external transparency of investment arbitration awards
Dr. Isabelle Van Damme, Turpin-Lipstein Fellow, College Lecturer, Clare College Affiliated Lecturer, University of Cambridge
Inherent Powers of the WTO’s Appellate Body
Concurrent with
Panel III: IEL & Intellectual Property: The Challenges Ahead
Christopher J. Cochlin, Fraser Milner Casgrain LLP, Ottawa, Canada (Moderator)
Alessandra Arcuri, Assistant Professor, School of Law - Erasmus University Rotterdam
How Innovative is Innovative Enough? Reflection on the Interpretation of Article 27 TRIPS from Novartis v India
Professor Susy Frankel, Faculty of Law, Victoria University of Wellington; Co-Director, New Zealand Centre of International Economic Law”
Is Nullification and Impairment of the TRIPS Agreement Possible “As a Result” of TRIPS-Plus Agreements?
Professor Bryan Mercurio, The Chinese University of Hong Kong, School of Law (paper summary presented in absentia)
Beyond Access to Medicines: Promoting Health Services in the Developing World
Antony Taubman, Director (a/g), Global IP Issues, World Intellectual Property Organization College of Law and Australian Centre for Intellectual Property in Agriculture, Australian National University (on leave) (Presenting in a personal and not an official capacity)
The Lasagne Effect: Bilateral, Regional and Multilateral Standards, and the Settlement of Disputes Over Trade and Intellectual Property
Concurrent with
Panel IV: The WTO Agreement and Trade Effects
Petros Mavroidis, Columbia Law School & Université de Neuchâtel (Moderator)
Chi Carmody, Associate Professor & Canadian Director, Canada-United States Law Institute, Faculty of Law, University of Western Ontario
Rules, Effects and the Structure of WTO Law
Mary Footer, Professor of International Economic Law, Faculty of Social Sciences, Law and Education, University of Nottingham
The Role of 'Soft' Law Norms in Reconciling the Antinomies of WTO Law
Shin-yi Peng, Professor and Director, Institute of Law for Science and Technology, National Tsing Hua University, Taiwan
Quantification of WTO Services Trade: Rethinking the GATS' Negotiating Modalities, Scheduling Technology and Legal Precision
10:30-11:00 Tea/Coffee
11:00-13:00
Panel V: International Investment Law as a Special Branch of International & Comparative Public Law?
Professor Thomas W. Wälde, CEPMLP, Univ. of Dundee & Essex Court Chambers
Professor Dr. Anne van Aaken, Max Schmidheiny Foundation, Professor for Law and Economics, Public, International and European Law, University of St. Gallen, Switzerland
Giacinto della Cananea, Professor of Administrative Law and EU Law University of Naples "Federico II", Italy
Oscar M. Garibaldi, Partner, Covington & Burling LLP, Washington D.C.
Gus Van Harten, Assistant Professor, Osgoode Hall Law School, York University, Toronto, Canada
Devashish Krishan, Baker Botts, LLP, Washington D.C.
Stephan Schill, Research Scholar, New York University School of Law
Concurrent with
Panel VI: Trade Liberalization and the Problematic of Corruption in Pursuing Development through Trade
Isabella D. Bunn, University of Oxford, Regent's Park College
Oxford, England & Chair of Ethics, Florida Institute of Technology College of Business (Moderator)
Krista Nadakavukaren Schefer, Research Fellow, World Trade Institute, University of Bern
Corruption’s Effects on Trade Liberalization and the Corruption-reducing Potentials of the Current WTO Texts
Robert Kasper, Attaché, United States Mission to the World Trade Organization, Geneva
The Role of Corruption in the GPA Context
Juanita Olaya, Revenue Transparency Programme Manager,
Transparency International (TI), International Secretariat, Berlin
Learning from Other Organizations: How Could the WTO Pursue an Anti-Corruption Agenda?
Professor Padideh Ala’i, American University, Washington College of Law, Washington, D.C.
The Global Anti-Corruption Movement and the Evolving Role of the WTO in Promoting Transparency and Good Governance
Concurrent with
Panel VII: Law and Development: The Challenges Ahead
Professor Yong-Shik Lee, St. John’s University School of Law Facilitation of Economic Development Through Microtrade: Theoretical Basis and Regulatory Framework (Moderator)
Professor Won-Mog Choi, Associate Professor of Law at Ewha Women's University College of Law
Enabling Clause or Disabling Clause? Legal Problems of making RTAs with Less Developed Economies
Professor Caf Dowlah, Professor of Economics, The City University of New York
The Generalized System of Preferences of the United States: Does it Promote Industrialization and Economic Growth in Least Developed Countries?
Ambassador Faizel Ismail, Head of the South African Delegation to the WTO
Aid for Trade – An Essential Component of the Multilateral Trading System and the WTO Doha Development Agenda
Professor Mitsuo Matsushita, Emeritus Professor of Law, University of Tokyo and former member of the WTO Appellate Body
Proliferation of Free Trade Agreements and Some Systemic Issues - In Relation to the WTO Disciplines and Development Perspectives
13.00-14:30 Lunch
14:30 -15:30 Plenary: Challenges in Investment in IEL
Key Note
Gabrielle Kaufmann-Kohler, Partner at Levy Kaufman-Kohler and Professor, Faculty of Law, University of Geneva
Distinguished Discussant
Dr. Alejandro A. Escobar, Special Counsel,
Baker Botts, London
15:45-17:15
Panel VIII: IEL & the Environment: The Challenges Ahead
Joshua Meltzer, First Secretary (Trade Policy), Embassy of Australia, Washington, D.C. (Moderator)
Kamala Dawar, University of Amsterdam Law School
Assessing Labour and Environmental Regimes in Regional Trading Arrangements
Kate Miles, Lecturer, Faculty of Law, University of Sydney
International Investment Law and Climate Change: Issues in the Transition to a Low Carbon World
Fabio Morosini, Professor of Law, Federal University of Rio Grande do Sul, Brazil
The MERCOSUR and WTO Retreaded Tires Dispute: Rehabilitating Regulatory Competition in International Trade and Environmental Regulation
René Uruena, Research Fellow - Centre of Excellence in Global Governance Research (Helsinki, Finland); Lecturer, Universidad de Los Andes (Bogota, Colombia)
No Unity for this Diversity: International Trade Law and Fragmentation in Water Regulation
Concurrent with
Panel IX: Regional Trade Agreements: The Challenges Ahead
Armand de Mestral C.M., Jean Monnet Professor of Law
McGill University (Moderator)
Dr. Douglas Arner, Director, Asian Institute of International Financial Law, Faculty of Law, University of Hong Kong
Regional Financial Arrangements: Experiences and Lessons
Dr Alberta Fabbricotti, Researcher in International Law, Faculty of Law, University of Rome "La Sapienza"
The Interplay Between the WTO and Regional Trade Agreements (RTAs): Is It A Question of Interrelation Between Different Sources of International Law?
Tomohiko Kobayashi, Associate Professor of International Economic Law, Department of Law, Otaru University of Commerce, Japan.
RTA as an International Institution: A Multi-dimensional Comparison of its Institutional Arrangement
Wen-chen Shih, Associate Professor of Law, Department of International Business, National Chengchi University, Taipei, Taiwan
Energy Security, GATT/WTO and Regional Agreements
Concurrent with
Panel X: New Decision Makers in International Economic Law
Nicolas Lockhart, Sidley Austin LLP (formerly Appellate Body Secretariat, WTO) (Moderator)
William W. Burke-White, Assistant Professor of Law, University of Pennsylvania Law School
New Adjudicators, “Constitutional” Disputes, and the Need for New Approaches to Adjudication
Dr. Andrew D Mitchell, Senior Lecturer, Melbourne Law School, The University of Melbourne; Scholar-in-Residence, International Arbitration Department, Wilmer Cutler Pickering Hale and Dorr (London); and
Dr. Maxi Scherer, Counsel, International Arbitration Department, Wilmer Cutler Pickering Hale and Dorr (London); Permanent Lecturer at the University of Paris I Pantheon-Sorbonne
With an Eye to the Past: The Use of Precedent by the New Decision-Makers in International Economic Law
David Zaring, Assistant Professor, Wharton School of Business, University of Pennsylvania
Choosing Between Arbitrators and Judges in International Economic Law
17:15-17:30 Coffee
17:30-19:00
Panel XI: Legitimacy, Human Rights and Sustainable Development
Chantal Thomas, Chair and Ibrahim Shihata Visiting Professor of Law (2007-08), Law Faculty, the American University in Cairo & Professor of Law, Cornell University Law School (Moderator)
Dr. Carolyn Deere, Director, Global Trade Governance Project
Global Economic Governance Programme, University of Oxford
Governing the WTO: A Reform Agenda that Works for Sustainable Development and Developing Countries
M.Yakub A. Kadir, International Law Lecture, State Institute of Ar-Raniry, Aceh, Indonesia & Legal Development Manager, Rehabilitation and Reconstruction Agency for Aceh-Nias, Indonesia
Toward a New Paradigm of the Right to Self Determination in the World Trading System
Markus Krajewski, Assistant Professor, Faculty of Law, University of Potsdam, Germany
Democratic Governance as an Emerging Principle of International Economic Law
Prof. Marie-Claire Cordonier Segger, Director, Centre for International Sustainable Development Law (CISDL); Directrice adj, Ressources naturelles Canada; and Fellow, Lauterpacht Centre for International Law
World Trade Law as a Commitment to Our Common Future?
Concurrent with
Panel XII: Non-traditional IEL Participants
Todd Grierson-Weiler, Naftaclaims.com, London, Ontario, Canada (Moderator)
Dr. Jan Bohanes, Sidley Austin LLP, Geneva
(Formerly Legal Officer at the Appellate Body Secretariat)
The (Untapped) Potential of WTO Rules to Discipline Private Party Actions
Christopher M. Bruner, Assistant Professor of Law, Texas Tech University School of Law
States, Markets, and Gatekeepers: Public-Private Regulatory Regimes in an Era of Economic Globalization
Michelle Healy, Legal Affairs Officer in the Rules Division of the WTO The Treatment of Corporate Entities in WTO Law
Brigitte Stern, Professor of International Law at the University of Paris I, Panthéon-Sorbonne. (Commentator)
Concurrent with
Panel XIII: Regulating Foreign Investment: Challenges Ahead
Jean-Pierre Laviec, Graduate Institute of International and Development Studies, Geneva (Moderator)
Marek Jeżewski, Institute for International Law, European Law and International Relations, UKSW in Warsaw, Poland
There is No Freedom Without Solidarity: Towards a New Definition of 'Investment' in IEL
Jürgen Kurtz, Senior Lecturer and Director, International Economic Law Research Programme, Institute for International Law and the Humanities, The University of Melbourne Law School
Adjudging the Exceptional at International Law: Security, Public Order and Financial Crisis
Lorenza Mola, Research Fellow, University of Turin
Which Role for the EU in the Development of International Investment Law?
Martins Paparinskis, D Phil cand, University of Oxford, the Queen's College, AHRC Scholar.
Investment Arbitration and the Law of Countermeasures
20:00 Lake Cruise Sponsored by King & Spalding
THURSDAY JULY 17:
9:00-11:00
Panel XIV: China and WTO Law: New Challenges and New Prospects
Zhaojie Li, Professor of International Law, Tsinghua University School of Law in Beijing (Moderator)
Julia Ya Qin, Associate Professor of Law, Wayne State University Law
School; Visiting Professor, Tsinghua University School of Law
The Challenge of Interpreting WTO-Plus Obligations
Qingjiang Kong, Faculty of Law, Zhejiang Gongshang University
TRIPS Copyright Protection and Censorship
Xiaojie Lu, Lecturer of Law, Tsinghua University Law School
Beijing
Applying the “Specificity Test” in the Context of Foreign Investment Policies of China
Henry Gao, Associate Professor of Law, Singapore Management University (on leave from the University of Hong Kong)
The Trade Barrier Investigation Mechanisms in China
JiangYu Wang, Associate Professor, School of Law, the Chinese University of Hong Kong
China’s Foreign Exchange Rate Mechanism
Michelle Q. Zang, PhD Candidate, Law Department, Durham University
The WTO Contingent Trade Instruments against China: What does the Accession Bring?
Concurrent with
Panel XV: IEL Governance
Amy Porges, Sidley Austin LLP, Washington, D.C. (Moderator)
Andrew Lang, Lecturer, London School of Economics
Institutional experimentalism and international economic governance
Gregory Shaffer, James L. Krusemark Chair of International Law at the University of Minnesota Law School
How Hard and Soft Law Interact in International Regulatory Governance: Alternatives, Complements and Antagonists
Margaret Young, William Charnley Research Fellow in Public International Law, Pembroke College and the Lauterpacht Centre for International Law, the University of Cambridge
Information-Sharing and Governance in the Negotiation of WTO
Disciplines: The Doha Negotiations on Fisheries Subsidies
Concurrent with
Panel XVI: IEL Dispute Resolution: The Challenges Ahead
Galina Zukova, Riga Graduate School of Law (Moderator)
Sungjoon Cho, Assistant Professor of Law, Chicago-Kent College of Law
Toward a Constitutional Adjudication in the WTO
Juscelino F. Colares, Associate Professor, Syracuse University College of Law
A Positive Theory of WTO Litigation
Susan D. Franck, Associate Professor, Washington & Lee University School of Law
Empirically Analyzing Variables Implicating the Outcomes of Arbitration Awards and the Repercussions for Designing Dispute Resolution Systems
Stephen J. Orava, Partner - King & Spalding, LLP and Ben Love, King & Spalding, LLP
Assessing the Multitude of Options in Trade and Investment Disputes and Evaluating Potential Conflicts Among Them: A Practitioner’s Perspective
Annamaria Viterbo, Ph.D. in International Economic Law
University of Torino, Faculty of Law
Dispute Settlement Over Exchange Measures Affecting Trade and Investment: The Overlapping Jurisdiction of the IMF, WTO and ICSID
Concurrent with
Panel XVII: Africa and Economic Partnership Agreements
Dr. Lorand Bartels, University Lecturer in International Law and Fellow of Trinity Hall, University of Cambridge (Moderator)
Ruth Kelly, LLM Candidate, Sidney Sussex College, University of Cambridge
WTO Compatibility and the Legal Form of EPAs: A Case Study of Eastern and Southern Africa
Offah Ako Obale, University of Cape Town, South Africa
The Role of International Economic Law in Africa
Richard Frimpong Oppong, Lecturer in Law, Lancaster University Law School (Ph.D Candidate, University of British Columbia)
A Relational Theory of Economic Integration and its Implications for Africa’s Economic Integration Initiatives
Aniekan Iboro Ukpe, Graduating Post-Graduate Student, CEPMLP, University of Dundee.
Will the EU-ACP Economic Partnership Agreements Foster the Integration of the ACP Countries into the Global Trading System?
11:00-11:30 Coffee/tea
11:30-13:00
Panel XVIII: Towards International Regulation of Labor Migration
Dr. Tomer Broude, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem (Moderator)
Hamid Mamdouh, Director, Trade in Services Division, WTO
Michele Klein-Solomon, Director of the Migration Policy, Research and Communications Division, International Organization for Migration, Geneva
Labour Migration Management and its Implications for GATS Mode 4
Dr. Marion Panizzon, Senior Research Fellow, World Trade Institute, University of Bern
Bilateral Labor Agreements and the GATS: Reciprocity, Shared Responsibility and the MFN
Joel P. Trachtman, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University
The International Law of Economic Migration
Concurrent with
Panel XIX: Issues in IEL Methodology and Research
Joost Pauwelyn, Professor of International Law, The Graduate Institute, Geneva (Moderator)
Professor Moshe Hirsch, Arnold Brecht Chair in European Law
Faculty of Law & Department of International Relations
Hebrew University of Jerusalem
The Sociology of International Economic Law
Professor Dr. Ernst-Ulrich Petersmann, Head of Law Department
European University Institute, Florence - Italy
Multilevel Judicial Governance of International Trade
Dr Fiona Smith, Faculty of Laws, University College - London
Meaning and Interpretation: The Role of Semantics in International Agricultural Trade Regulation in the WTO
Lisa Claire Toohey, Lecturer, TC Beirne School of Law and Fellow of the Centre for Public, International, and Comparative Law, the University of Queensland.
Accession as Dialogue, The Case of Transition Economies
Concurrent with
Panel XX: Institutional Reform of the WTO (EDGE Network Panel)
Debra P. Steger, Professor and Director, EDGE Network
Faculty of Law (Common Law) University of Ottawa (Moderator)
Dr. Thomas Cottier, Director, World Trade Institute, Professor, University of Berne, Berne, Switzerland
Dr. Gerhard Erasmus, Professor, Senior Research Fellow
Trade Law Centre for Southern Africa (TRALAC)
Stellenbosch, South Africa
Ms. Seema Sapra, Director, Trade & Policy, Amarchand Mangaldas
Delhi, India
Dr. Heng Wang, Deputy Director, Center of Law for International Investment and Finance; Research Fellow, Institute of EU Law; and Lecturer, Economic and Trade Law School Southwest University of Political Science and Law, Chonqqing, China
WTO and Transparency: A Perspective from China
Concurrent with
Panel XXI: IEL, Finance and Development
Cynthia Crawford Lichtenstein, Professor Emeritus Boston College Law School (Moderator)
Mathias Audit, Professor of Law, Caen University, France
Erecting Barriers Against Foreign Sovereign Funds: What IEL Has to Say?
Dr Emilios Avgouleas, Reader in International Financial Law
The School of Law, The University of Manchester
International Banking Regulation and Private Development Finance for Developing Countries
Surya P. Subedi, Professor of International Law, University of Leeds (Barrister in England and an Advocate in Nepal)
Financing for Development in IEL: the Monterrey Consensus and its Implementation
Claus D. Zimmermann, Doctoral Student in Law, University of Oxford Jurisdictional Competition between the IMF and the WTO and its Impact on the Prevention of Monetary Protectionism
13:00-14:30 Lunch
14:30-16:00 Plenary: The International Trading System: Revisiting the Past to Address the Future
Key Note: Ambassador Alejandro Jara,
Deputy Director General, WTO
Key Note: Atul Kaushik, Director of the CUTS Geneva Resource Centre
Moderator:
Gabrielle Marceau, Legal Counselor in the Cabinet of Pascal Lamy, DG of the WTO
16:00-16:30 Coffee
16:30-18:00 SIEL General Meeting
Chairs: Andrew Lang & Colin Picker