Joost Pauwelyn is Professor of International Economic Law and WTO Law at the Graduate Institute of International Studies in Geneva, Switzerland since 2007. Previously he was Professor of International Law at Duke University (USA). He has taught at Neuchâtel, Columbia, NYU and Georgetown law schools and worked as legal adviser for the WTO Secretariat (1996-2002). He specializes in international economic law, in particular trade law and investment law, and its relationship to public international law. He also frequently advises governments and industry in WTO dispute settlement and is Senior Advisor to the law firm of King & Spalding LLP in Washington DC.
He is the author, more recently, of The Transformation of World Trade, Human Rights and International Trade and Conflict of Norms in Public International Law (Guggenheim Prize, 2005). His current projects include: non-discrimination in international law; fragmentation of international law; enforcement; law and economics of public international law; trade policy to fight climate change; appellate review in the WTO. In 2009, he received the Francis Deak prize, awarded to a younger author for meritorious scholarship published in The American Journal of International Law for his article on non-discrimination.
Location:Richard Wagner 1, 5th Floor, Room 503
Telephone: +41 22 908 58 16
Email: Joost.Pauwelyn(at)graduateinstitute.ch
Position(s) at the Institute
Assistant: Miguel Burnier
miguel.burnier(at)graduateinstitute.ch
Professor, International Law
Co-Director of the Centre for Trade and Economic Integration
Research Interests: Professor Pauwelyn's current research projects include: non-discrimination in international law; fragmentation of international law; enforcement; law and economics of public international law; trade policy to fight climate change; appellate review in the WTO.
- Non-discrimination in International Economic Law and Human Rights Law;
- The Legal Consequences of Private Investor Rights under Bilateral Investment Treaties;
- Transit Obligations under the WTO;
- Informal International Public Policy Making (e.g., through networks of regulators or international organizations): International Law Implications;
- Regulating Foreign Process and Production Methods in line with WTO Law: Drawing the line between permissible and impermissible border restrictions after US-Shrimp;
- State of Necessity as an Excuse under International Economic Law
- Using Economics to resolve Legal questions under International Economic Law
Selected Publications
Books
International Trade Law, Wolters Kluwer / Aspen Publishers, 2009 (with Andrew Guzman, Berkeley)
Optimal Protection of International Law, Cambridge University Press, 2008
Appeal Without Remand : A Design Flaw in WTO Dispute Settlement and How to Fix it, June 2007
Human Rights and International Trade(co-edited with Thomas Cottier and Elisabeth Burgi), Oxford University Press, 2005
Conflict of Norms in Public International Law - How WTO Law Relates to Other Rules of International Law, Cambridge University Press, 2003, published in paperback in 2008 and translated & published in Chinese, Law Press China, 2005 (Guggenheim Prize, 2005)
Trade in Energy, WTO Rules Applying under The Energy Charter Treaty, Energy Charter Secretariat, Brussels, 2001
Recent Articles
‘Forum Shopping Before International Tribunals: (Real) Concerns, (Im)Possible Solutions’ (co-authored with Luiz Eduardo Salles), 42 Cornell International Law Journal (2009) 77-118, available here
‘Non-Discrimination in Trade and Investment Treaties: Worlds Apart or Two Sides of the Same Coin?’ (co-authored with Nicolas DiMascio), 102 American Journal of International Law (2008) 48-89
New Trade Politics for the 21st Century, 11 Journal of International Economic Law (2008) 559
‘U.S. Federal Climate Policy and Competitiveness Concerns: The Limits and Options of International Trade Law’, Working Paper, Nicolas Institute for Environmental Policy Solutions, Duke University, April 2007, available here
‘The Transformation of World Trade’, 104 Michigan Law Review (2005) 1-70
‘Rien ne Va Plus? Distinguishing Domestic Regulation from Market Access in GATT and GATS’, 4 World Trade Review (2005) 131-170
Articles
Non-Discrimination in Trade and Investment Treaties : Worlds Apart or Two Sides of the Same Coin ? (co-authored with Nicolas DiMascio), American Journal of International Law, January 2008 (forthcoming)
U.S. Federal Climate Policy and Competitiveness Concerns: The Limits and Options of International Trade Law, Working Paper, Nicolas Institute for Environmental Policy Solutions, Duke University,available at http://www.nicholas.duke.edu/institute/internationaltradelaw.pdf
Adding Sweeteners to Softwood Lumber: The WTO-NAFTA ‘Spaghetti Bowl’ Is Cooking, 9 Journal Of International Economic Law (2006) 1-10
The Transformation of World Trade, 104 Michigan Law Review (2005) 1-70
Rien ne Va Plus? Distinguishing Domestic Regulation from Market Access in GATT and GATS, 4 World Trade Review (2005) 131-170
The Sutherland Report: A Missed Opportunity for Genuine Debate on Trade, Globalization and Reforming the WTO, Journal Of International Economic Law (2005:2) 329-346
Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands, 25 Michigan Journal Of International Law (2004) 903-927
Going Global, Regional or Both? Dispute settlement in the Southern African Development Community (SADC) and Overlaps with the WTO and Other Jurisdictions, 13 Minnesota Journal Of Global Trade (2004) 231-304
Environmental Risk, Precaution and Scientific Rationality in the Context of WTO/NAFTA Trade Rules, Risk Analysis (2004) 461-9 (with D. Crawford Brown and Kelly Smith)
The Puzzle of WTO Safeguards and Regional Trade Agreements, Journal Of International Economic Law (2004) 109-142
A Typology of Multilateral Treaty Obligations: Are WTO Obligations Bilateral or Collective in Nature? 14 European Journal Of International Law (2003) 907-952
How to Win a WTO dispute based on non-WTO law: Questions of Jurisdiction and Merits, Journal Of World Trade (2003) 997-1030
The Limits of Litigation: Americanization and Negotiation in the Settlement of WTO Disputes, 19 Ohio State Journal On Dispute Resolution (2003) 121-140
WTO Compassion or Superiority Complex?: What to Make of the WTO Waiver for “Conflict Diamonds”, 24 Michigan Journal Of International Law (2003) 1177-1207
The Use of Experts in WTO Dispute Settlement, 51 International And Comparative Law Quarterly (2002) 325-364
Cross-agreement Complaints before the Appellate Body: A case study of the EC – Asbestos Dispute, 1 World Trade Review (2002) 63-87
The Role of Public International Law in the WTO: How Far Can We Go? 95 American Journal of International Law (2001) 535-578
Enforcement and Countermeasures in the WTO: Rules are Rules – Towards a More Collective Approach, 94 American Journal of International Law (2000) 621-633
An Overview of the WTO Agreements On Health and Technical Standards and Their Impact On Communication, Zeischrift Für Das Gesamte Lebensmittelrecht (2000) 843-858
Evidence, Proof and Persuasion in WTO Dispute Settlement, Who Bears the Burden, Journal Of International Economic Law (1998) 227-258
The WTO Agreement on Sanitary and Phytosanitary (SPS) Measures as Applied in the First Three SPS Disputes: EC – Hormones, Australia – Salmon and Japan – Varietals, Journal Of International Economic Law (1999) 641-664
The Concept of a "Continuing Violation" of an International Obligation: Selected Problems, British Yearbook Of International Law (1995) 415-450
Works in Collection
Fragmentation of International Law, Max Planck Encyclopedia of Public International Law, forthcoming 2008
The Future of the WTO – Consultative Board Report in WTO Law and Process, The Proceedings of the 2005 and 2006 Annual WTO Conferences (F. Ortino and S. Ripinsky, eds.), at 160
Trade and Investment Disputes: Complement or Conflict? in WTO Law and Process, The Proceedings of the 2005 and 2006 Annual WTO Conferences (F. Ortino and S. Ripinsky, eds.), at 313
The Promises and Limits of Treaty Interpretation, in Fragmentation : Diversification and Expansion of International Law, Proceedings of the 34th Annual Conference of the Canadian Council on International Law, 2006, at 99.
Europe, America and the “Unity” of International Law, Conference Book, Amsterdam University (forthcoming 2007)
Non-Traditional Patterns of Global Regulation: Is the WTO ‘Missing the Boat’? in Non-Traditional Sources of International Law (eds. Ilias Bantekas and Ricardo Abello, forthcoming OUP 2006)
Is the Vienna Convention Outdated? in WTO LAW AND PROCESS, eds. Mads Andenas and Federico Ortino, British Institute of International and Comparative Law, 2005, 494-500
Remedies in the WTO: ‘First Set the Goal, then Fix the Instruments to Get There’, in WTO LAW AND PROCESS, eds. Mads Andenas and Federico Ortino, British Institute of International and Comparative Law, 2005, 185-199
The Use of Experts in WTO Dispute Settlement, in George Bermann & Petros Mavroidis (Eds.), Human Health And Safety In Wto Dispute Resolution (Cambridge University Press, forthcoming 2005)
WTO Dispute Settlement: Of Sovereign Interests, Private Rights and Public Goods, in Jerome Reichman (Ed.), International Public Goods And Transfer Of Technology Under A Globalized Intellectual Property Regime (Cambridge University Press, 2005) 817-830
The Application of Non-WTO Rules of International Law in WTO Dispute Settlement, in P. Macrory, A. Appleton and M. Plummer (eds.), The Wto: Legal, Economic And Political Analysis (Springer, 2005, 3 Vols.), Vol. I, 1405-1426
The Jurisdiction of the WTO, in Proceedings Of The 98th Annual Meeting Of The American Society Of International Law (March 31-April 3, 2004) 135-138
A Comparative Analysis of Trade Remedies in the WTO (translated in Japanese), in Ichiro Araki And Kawase Tsuyoshi (Eds.), Safeguards Under The Wto Agreement: Issues And Proposals For A More Effective Mechanism, published by Toyo Keizai Shimpo Sha, Japan, 2004, 21-36
Proposals for Reform of Article 21 of the DSU, in E.-U. Petersmann, Improvements And Clarifications Of The Wto Dispute Settlement Understanding, Wto Negotiators Meet Academics (European University Institute, 2002) 67-80
Does the WTO Stand for “Deference to” or “Interference with” National Health Authorities when Applying the (SPS) Agreement on Sanitary and Phytosanitary Measures?, in Thomas Cottier & Petros Mavroidis (Eds.), The Role Of The Judge In International Trade Regulation (Michigan University Press, 2003)
A World Environment Court, in Un University, Institute Of Advanced Studies, International Environmental Governance, Gaps And Weaknesses, Proposals For Reform, Working Paper, 2002 (36 pages)
MFN-Unconditionality: A Legal Analysis of the Concept in View of its Evolution in the GATT/WTO Jurisprudence with Particular Reference to the Issue of "Like Product", co-authored with William, J., Davey, in Thomas Cottier & Petros Mavroidis (Eds.), Regulatory Barriers And The Principle Of Non-Discrimination(University of Michigan Press, 1998) 13-50
Applying SPS in WTO disputes, in David Robertson & Aynsley Kellow, Globalization And The Environment, Risk Assessment And The Wto (2001) 63-81
Shorter Articles and Book Reviews
A Carbon Levy on Imports to Fight Climate Change, Telos, forthcoming September 2007
Just Trade, Book Review of Trade, Inequality and Justice: Toward a Liberal Theory of Just Trade, by Frank J. Garcia (2003), 37 GEORGE WASHINGTON INTERNATIONAL LAW REVIEW (2005) 559-571
An Insider’s Guide to the WTO’s Problems, (with Andrew Guzman), 9 BRIDGES 2005 (January) at p. 7 (published by the International Centre for Trade and Sustainable Development (ICTSD))
The Appellate Body's GSP decision, (with Lorand Bartels, Steve Charnovitz, Robert Howse, Jane Bradley and Donald Regan) 3 World Trade Review (2004) 239-266
Recent Books on Trade and Environment: GATT Phantoms Still Haunt the WTO, 15 European Journal Of International Law (2004) 575-592
L'Organisation Mondiale Du Commerce et la Proprieté Intellectuelle, Pourquoi Et Comment?, 39 L'observateur De Bruxelles (October 2000) 40-45
Towards Liberalization of Trade in Basic Communications: Negotiations in the World Trade Organization, 10 Société De Droit International Economique (Sdie) Bulletin (1997) 6-8
Book Review: Regionalism and Multilateralism After the Uruguay Round - Convergence and Interaction, (by Demaret, Bellis and Jiménez (eds.), 1997), Journal Of World Trade (1999) 182-187
