Trade Law Articles
WorldTradeLaw.net's Trade Law Library
Journal Articles, Papers and Book Chapters on Trade Law
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List of Authors
Dukgeun Ahn
| Amin Alavi | William Alford
| James Bacchus
| Claude Barfield
|
Lorand Bartels
Marc Benitah | Tomer
Broude |
Steve
Charnovitz | Juscelino
Colares |
Youri
Devuyst | Daniel
Drache | Jeff Dunoff
Jim Durling |
Mary Footer |
Henry Gao |
Kevin R. Gray | Rachel Harris
| Robert Howse |
Robert Hudec
John Jackson | Norio Komuro
| Simon Lacey | Simon Lester |
C. L. Lim |
Nicolas Lockhart
Patrick Macrory | John
Magnus | Stuart Malawer |
Mitsuo Matsushita |
Petros Mavroidis
Bryan Mercurio |
Andrew Mitchell | Gillian
Moon | Victor Mosoti |
Joost Pauwelyn |
Oren Perez
Fernando Piérola
|
Julia Qin |
Gregory Shaffer
| Fiona Smith | Joel Trachtman
Peter Van den Bossche |
Tania Voon | Robert Wolfe | Gudrun Zagel |
Thomas
Zimmermann
Title | Citation |
Restructuring the WTO Safeguard System | The WTO Trade Remedy System: East Asian Perspective (Mitsuo Matsushita, Dukgeun Ahn and Tain-Jy Chen, eds.) (London, Cameron May Publishers, 2006) at 11-31 |
WTO Disciplines under the IMF Program: Congruence of Conflict? |
WTO and East Asia: New Perspectives (Mitsuo Matsushita and Dukgeun Ahn, eds.) (London, Cameron May Publishers, 2004) at 25-38 |
Title | Citation |
African Countries and the WTO’s Dispute Settlement Mechanism |
Development Policy Review, 2007, 25 (1): 25-42 |
Title | Citation |
The North American Free Trade Agreement and the Need for Candor |
24 Harv. Int'l L. J. 293 (1993) |
Title | Citation |
Appellators: The Quest for the Meaning of And/Or |
Expanded from remarks made at the annual
luncheon of the Advisory Centre on WTO Law in Bellevue, Switzerland, on June 1, 2005 |
Open Doors for Open Trade: Shining Light on WTO Dispute Settlement |
Remarks to the National Foreign Trade
Council Mayflower Hotel, Washington D.C. January 29, 2004 |
Lone
Star: The Historic Role of the WTO |
Keynote address to the Symposium on “Globalization and the Judiciary” at the University of Texas School of Law Austin, Texas September 5, 2003 |
Thoreau's Pencil: Sharpening Our Understanding of World Trade | 30 Fla. St. U. L. Rev. 911 (2003) |
Groping
Toward Grotius: |
Address at Harvard Law
School, October 1, 2002, |
The
Strange Death of Sir Francis Bacon: The Dos and Don’ts of Appellate Advocacy in the WTO |
Drawn from an address at The Barber-Surgeons
Hall, Monkwell Square, London, June 20, 2003 |
An Education in 404 Pages |
This essay first appeared, in slightly
different form, in Vanderbilt Magazine (Spring, 2003) |
Lecky’s
Circle: Thoughts from the Frontier of International Law |
Address to the Institute of Advanced Legal Studies, University of London April 10, 2003 |
“Woulda,
Coulda, Shoulda”: |
Address to the
International Bar Association, |
The Appeals of Trade: The Making of an Old GATT Hand | Address
to the International Trade Law Conference of the ABA, Georgetown University Law School, January 31, 2003 |
The
Bicycle Club: Affirming the American Interest in the Future of the WTO |
Address to the Washington International
Trade Association, Washington, D.C. November 12, 2002 |
Table
Talk: |
35 Vand. J. Trans. L. 1021 (2002) |
Title | Citation |
Free Trade, Sovereignty, Democracy: The Future of the World Trade Organization Chapter 1 - Introduction: Issues, Themes and Recommendations Chapter 4 - Emerging Constitutional Problems and Substantive Deficiencies Chapter 6 - Whose WTO Is It? Democratic Governments versus Stakeholders Chapter 7 - Proposals for Reform and Reasons for Retaining the Status Quo |
American
Enterprise Institute (2001) (Used with the permission of the American Enterprise Institute) |
Title | Citation |
Social Issues: Labour, Environment and Human Rights | Bilateral and Regional Trade Agreements: Commentary, Analysis and Case Studies (Simon Lester and Bryan Mercurio, eds.) (Cambridge Press, forthcoming) |
The Appellate Body Report in European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R and its Implications for Conditionality in GSP Programs | Linking Trade and Human Rights: Framework and Case Studies (Bürgi, Pauwelyn and Cottier, eds.) (forthcoming) |
Title | Citation |
U.S. Agricultural Export Credits after the WTO Cotton Ruling: The Law of Unintended Consequences |
Estey Journal of International Law and Trade
Policy, Volume 6, Number 2, 2005, pp.107-114 |
Title | Citation |
Principles of
Normative Integration and the Allocation of International Authority: The WTO, The Vienna Convention on the Law of Treaties, and the Rio Declaration |
International Law Forum of the Hebrew University of Jerusalem Law Faculty, Research Paper No. 07-08 August 2008 |
Conflict and Complementarity in Trade, Cultural Diversity and Intellectual Property Rights |
International Law Forum of the Hebrew University of Jerusalem Law Faculty, Research Paper No. 11-07 July 2007 |
The WTO/GATS Mode 4, International Labour Migration Regimes and Global Justice |
International Law Forum of the Hebrew University of Jerusalem Law Faculty, Research Paper No. 7-07 May 2007 |
Genetically Modified Rules: The Awkward Rule-Exception-Right Distinction in EC - Biotech |
International Law Forum of the Hebrew University of Jerusalem Law Faculty, Research Paper No. 14-06 December 2006 |
"Judges Shalt Thou Make Thee in All Thy Gates": Reforming Judicial Office in the WTO Dispute Settlement System |
University of Toronto Faculty of Law Law and Economics Research Paper No. 02-06 |
The Rule(s) of Trade and the Rhetos of Development: Reflections on the Functional and Aspirational Legitimacy of the WTO |
International Law Forum of the Hebrew University of Jerusalem Law Faculty, Research Paper No. 1-06 May 2006 |
Title | Citation |
Alternative Methods of Appellate Review in Trade Remedy Cases: Examining Results of U.S. Judicial and NAFTA Binational Review of U.S. Agency Decisions from 1989 to 2005 | Published in Journal of Empirical Legal Studies, Volume 5, Issue 1, 171-196, March 2008 |
A Positive Theory of WTO Adjudication | SIEL Working Paper No. 39/08, July 2008 |
The Limits of WTO Adjudication: Is Compliance the Problem? | Case Research Paper Series in Legal Studies Working Paper 2012-13 April, 2012 |
Title | Citation |
The
World Trade Organization and Regional Trade Agreements: Bridging the
Constitutional Credibility Gap (co-authored by Asja Serdarevic) |
18 Duke J. Comp. & Int'l L. 1 (2007) |
Title | Citation |
Deadlock
in the Doha Round: The Long Decline of Trade Multilateralism (co-authored by Marc D. Froese) |
Draft from July 2007 |
Title | Citation |
Institutional Misfits: The GATT, the ICJ & Trade-Environment Disputes | 15 Mich. J. Int'l L. 1043 (Summer 1994) |
Reconciling International Trade with Preservation of the Global Commons: Can We Prosper and Protect |
49 Wash & Lee L. Rev. 1407 (Fall 1992) |
Title | Citation |
Original Meanings and the
Film Dispute: The Drafting History, Textual Evolution, and Application
of the Non-Violation Nullification or Impairment Remedy |
32 Geo. Wash. J. Int'l L. & Econ. 211 (1999) |
Title | Citation |
EC
- Asbestos: The World Trade Organization on Trial for its Handling of
Occupational Health and Safety Issues (co-authored by Saman Zia-Zarifi) |
Melbourne Journal of International Law, Volume 3(1), May 2002 |
Title | Citation |
Aggressive Legalism: The East Asian Experience and Lessons for China | China’s Participation in the WTO (Henry Gao and Donald Lewis, eds.) (London, Cameron May Publishers, 2005) at 315-351 |
Title | Citation |
Civil Society and the World Trade Organization | Toward Inclusion and Influence in Sustainable Development Governance (Jessica F. Green & W. Bradnee Chambers) (Tokyo and New York: UNU Press, Forthcoming) |
Accommodating MEAs in Trade Agreements |
IDDRI conference on International
Environmental Governance, Paris, March 15 & 16, 2004 |
Multilateral Environmental Agreements and the WTO (co-authored by Duncan Brack) |
The Royal Institute of International Affairs Sustainable Development Programme report (September 2003) |
Foreign Direct Investment and Environmental Impacts - Is the Debate Over? |
RECIEL 11 (3) 2002 (This is an electronic version of an article published in Review of European Community and International Environmental Law: complete citation information for the final version of the paper, as published in the print edition of Review of European Community and International Environmental Law, is available on the Blackwell Synergy online delivery service, accessible via the journal's website at http://www.blackwellpublishing.com/reel or http://www.blackwell-synergy.com) |
Controlling the International Trade in Illegally Logged Timber and Wood
Products (co-authored by Duncan Brack and Gavin Hayman) |
The Royal Institute of International Affairs Sustainable Development Programme: study prepared for the UK Department for International Development (February 2002) |
Principles of International Law in the WTO Dispute Settlement Body (co-authored by James Cameron) |
50 Int. and Comparative Law Quarterly 2 (2001) at 248-298 |
Title | Citation |
GATT Article XX and Human Rights: What Do We Know From the First 20 Years? |
16 Melbourne Journal of International Law 2 (2015) |
Title | Citation |
"Like Product": The Differences in Meaning in GATT Articles I and III | Regulatory Barriers and the Principle of Non-Discrimination in World Trade Law (Thomas Cottier & Petros Mavroidis, eds.) (University of Michigan Press 2000) at 101-123 |
Broadening the Scope of Remedies in WTO Dispute Settlement | Improving WTO Dispute Settlement Procedures (Friedl Weiss & Jochem Wiers, eds.) (London, Cameron May Publishers, 2000) at 345-376 |
The Role of the GATT Secretariat in the Evolution of the WTO Dispute Settlement Procedure |
The Uruguay Round and Beyond: Essays in Honour of Arthur Dunkel (Jagdish Bhagwati and Mathias Hirsch, eds.) (Springer-Verlag, 1998) at 101-120 |
GATT/WTO Constraints on National Regulation: Requiem for an "Aim and Effects" Test |
32 International Lawyer 619-649 (1998) |
The DISC Case | Originally published as "Reforming GATT Adjudication Procedures: The Lessons of the DISC Case," 72 Minnesota Law Review 1443-1509 (1988). The text provided here is taken from Chapter V of the author's Enforcing International Trade Law: The Evolution of the Modern GATT Legal System (Butterworths, USA, 1993) |
Title | Citation |
Fragmentation or Unification among International Institutions: The World Trade Organization |
31 N.Y.U. J. Int'l L. & Pol. 823 (1999) |
36 Colum. J. Transnat'l L. 157 (1997) | |
The WTO Dispute Settlement Understanding -- Misunderstandings on the Nature of Legal Obligation | 91 AJIL 60 (January, 1997) |
WTO
Dispute Procedures, Standard of Review, and Deference to National Governments (co-authored by Steven P. Croley) |
90 AJIL 193 (April, 1996) |
World Trade Rules and Environmental Policies: Congruence or Conflict? | 49 Wash & Lee L. Rev. 1227 (Fall 1992) |
Status of Treaties in Domestic Legal Systems: A Policy Analysis | 86 AJIL 310 (April, 1992) |
Perspectives on the Jurisprudence of International Trade: Costs and Benefits of Legal Procedures in the United States | 82 Mich. L. Rev. 1570 (1984) |
Title | Citation |
Japan's Generalized System of Preferences: An Oriental Pandora’s Box |
Paper from Symposium entitled "Preference Erosion: Impacts and Policy Responses," Geneva, June 2005 |
Title | Citation |
The View from the Other Side of
the Table: |
Prepared for the Islamic Development Bank's Seminar on WTO Accession Issues for selected OIC Member Countries, on 28 - 29 March 2006, in Jeddah, Saudi Arabia |
Title | Citation |
The Role of the International Trade Regime in Global Governance | UCLA J. Int'l L. Foreign Aff. 209 (2011) |
Case Note: United States - Final Anti-Dumping Measures on Stainless Steel from Mexico | Draft of version published in 102 AJIL 4 (October 2008) |
Aid for
More than Just Trade: The Case for a Role for the WTO in Development Aid |
30 UNSW Law Journal 2 (2007) |
Case Note: European Communities - Measures Affecting the Approval and Marketing of Biotech Products | Draft of version published in 101 AJIL 2 (April 2007) |
Original Meanings and the
Film Dispute: The Drafting History, Textual Evolution, and Application
of the Non-Violation Nullification or Impairment Remedy |
32 Geo. Wash. J. Int'l L. & Econ. 211 (1999) |
Title | Citation |
Free Trade Agreements in Asia and Some Common Legal Problems |
This chapter is part of Y. Taniguchi, A. Yanovich, and J. Bohanes (eds), The WTO in the Twenty- first Century: Dispute Settlement, Negotiations, and Regionalism in Asia (Cambridge University Press, 2007) |
A Mega Jumbo Jet: Southeast Asia’s Experiments with Trade and Investment Liberalisation | This chapter is part of "The New International Architecture in Trade and Investment - Current Status and Implications" (APEC#207-HR-01.2), Copyright APEC Secretariat, http://www.apec.org |
Title | Citation |
Regional Trade Agreements
under GATT 1994: An Exception and its Limits |
Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron May Publishers, 2005) at 217-252 |
Title | Citation |
NAFTA Chapter 19: A Successful Experiment in International Trade Dispute Resolution |
C.D. Howe Institute Commentary, No. 168, September 2002 |
Title | Citation |
Chinese Subsidies and US Responses |
Testimony before the U.S.-China Economic and
Security Review Commission, Hearing on China’s World Trade Organization Compliance: Industrial Subsidies and The Impact on US and World Markets, Washington, DC, April 5, 2006 |
Lumber and the NAFTA Chapter 19 Mess |
Presented to American University, Washington
College of Law Conference, Lessons from NAFTA Part I: The Softwood Lumber Dispute Washington, DC February 27, 2006 |
Presented to American
Enterprise Institute Conference titled |
Title | Citation |
Legal
Aspects of Free Trade Agreements: |
WTO and East Asia: New Perspectives (Mitsuo Matsushita and Dukgeun Ahn, eds.) (London, Cameron May Publishers, 2004) at 497-514 |
International Cooperation in the Enforcement of Competition Policy |
1 Wash. U. Global Stud. L. Rev. 462 (2002) |
Title | Citation |
Jean
Monnet Working Paper No. 2/01 (2001) (also published in: European Integration and International Co-ordination: Studies in Transnational Economic Law in Honour of Claus-Dieter Ehlermann (Armin von Bogdandy, Petros C. Mavroidis, Yves Meny, eds.)(Kluwer, 2002)) |
|
Europe's Evolving Regulatory Strategy for GMOs
- The Issue of Consistency with WTO Law: Of Kine and Brine (co-authored by Rob Howse) |
24 Fordham Int'l L.J. 317 (2000) |
Title | Citation |
Expanding Democracy: Why Australia Should Negotiate for Open and
Transparent Dispute Settlement in its Free Trade Agreements (co-authored by Rebecca Laforgia) |
6 Melbourne Journal of International Law 485 (2005) |
Should Australia Continue Negotiating Bilateral Free Trade Agreements? A Practical Analysis |
27 UNSW Law Journal 667 (2004) |
TRIPS, Patents, and Access to Life-Saving Drugs in the Developing World |
8 Marquette Intellectual Property Law Review 211 (2004) |
Title | Citation |
Good Faith in WTO Dispute Settlement | 7 Melbourne Journal of International Law 339 (2006) |
Regional Trade Agreements
under GATT 1994: An Exception and its Limits |
Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron May Publishers, 2005) at 217-252 |
Title | Citation |
GATT Article XX and Human Rights: What Do We Know From the First 20 Years? |
16 Melbourne Journal of International Law 2 (2015) |
Title | Citation |
Draft paper from October 2005 submitted to the JIEL |
Title | Citation |
The Limits of Litigation:
“Americanization” and Negotiation in the Settlement of WTO Disputes |
Reprinted with the permission of Joost Pauwelyn and the Ohio State Journal on Dispute Resolution. Originally published at 19 OHIO ST. J. ON DISP. RESOL. 121 (2003) |
The Role of Public International Law in the WTO: How Far Can We Go? |
95 AJIL 535 (2001) |
Enforcement and Countermeasures in the WTO: Rules are Rules - Toward a More Collective Approach |
94 AJIL 335 (2000) |
Title | Citation |
The Question of Remand Authority for the Appellate Body | Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron May Publishers, 2005) at 193-215 |
Title | Citation |
Defining Nondiscrimination under the Law of the World Trade Organization | Boston University International Law Journal, Vol, 23, pp. 215-297 (2005) |
“WTO-Plus” Obligations and Their Implications for the World Trade Organization Legal System | Journal of World Trade, Vol. 37, Issue 3, pp. 483–522 (2003) |
Title | Citation |
A
Distinction Without a Difference: Exploring the Boundary Between Goods
and Services in The World Trade Organization and The European Union (co-authored by Lorna Woods) |
12 Colum. J. Eur. L. 1 (Winter 2005-2006) |
Title | Citation |
Institutional Linkage: Transcending "Trade and ..." | 96 AJIL 77 (2002) |
The Domain of WTO Dispute Resolution | 40 Harv. Int'l L.J. 333 (1999) |
The International Economic Law Revolution | 17 U. Pa. J. Int'l Econ. L. 33 (1996) |
International Regulatory Competition, Externalization, and Jurisdiction | 34 Harv. Int'l L.J. 47 (1993) |
Title | Citation |
WTO
Rules on Technical Barriers to Trade (co-authored by Denise Prévost and Mariëlle Matthee) |
Maastricht Faculty of Law Working Paper 2005/6 |
From
Afterthought to Centerpiece: The WTO Appellate Body and its Rise to Prominence in the World Trading System |
Maastricht Faculty of Law Working Paper 2005/1 |
The Doha Development Round Negotiations on the Dispute Settlement Understanding |
Paper presented at WTO Conference titled New Agendas in the 21st Century, Taipei, November 28-29, 2003 |
Title | Citation |
A New Approach
to Audiovisual Products in the WTO: Rebalancing GATT and GATS |
Originally published in 14 UCLA Ent. L. Rev. 1 (2007) |
UNESCO and
the WTO: A Clash of Cultures? |
This is a pre-copy-editing, author-produced PDF. The definitive publisher-authenticated version ‘UNESCO and the WTO: A Clash of Cultures?’ (2006) 55(3) International and Comparative Law Quarterly 635 is available online at http://iclq.oxfordjournals.org/cgi/reprint/55/3/635 |
The Facts Aside: The Limitation of WTO
Appeals to Issues of Law (co-authored by Alan Yanovich) |
40 Journal of World Trade 2, 239-258 (2006) |
What is the Measure at Issue? |
Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron May Publishers, 2005) at 115-163 |
Title | Citation |
See You in Geneva? Pluralism and Centralism in Legal Representations of the Trading System |
Revised version (April 2004) of a conference
paper originally presented to the International Studies Association and the Canadian Law and Economics Association; later published in European Journal of International Relations, Vol. 11, No. 3, 339-365 (2005) |
Title | Citation |
WTO
& Human Rights: Examining Linkages and Suggesting Convergence |
IDLO Voices of Development Jurists Paper
Series Vol. 2. No. 2, 2005 |
Title | Citation |
WTO Dispute Settlement - General Appreciation and the Role of India | In K. Padmaja (ed.): WTO and Dispute Resolution, Hyderabad (India): The ICFAI University Press, pp. 147-201 (2007) |
Negotiating the Review of the WTO Dispute Settlement Understanding |
Cameron May (2006) |
The DSU Review (1998-2004): Negotiations, Problems and Perspectives | In Kim van der Borght and Dencho Georgiev: Reform and Development of the WTO Dispute Settlement System, pp. 443-472; London: Cameron May (2006) |
WTO Dispute Settlement at Ten: Evolution, Experiences, and Evaluation |
Aussenwirtschaft – The Swiss Review of
International Economic Relations, Vol. 60 (2005), No. I, pp. 27-61 |