Joost Pauwelyn

   
   

Joost Pauwelyn,

Professor of International Law

 

    Contact Details

Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, Switzerland since 2007. He is also Visiting Professor of Law at Georgetown Law Center.  Previously he was Professor of Law at Duke University (USA). He has also taught at Neuchâtel, Columbia, NYU, Stanford and Harvard law schools and worked as legal adviser for the WTO Secretariat (1996-2002).  From 2007 to 2014, he was Senior Advisor with the law firm of King & Spalding. 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 investment arbitration and is a leading force behind www.tradelab.org.

Joost received degrees from the Universities of Namur and Leuven, Belgium as well as Oxford University and holds a doctorate from the University of Neuchâtel. He was appointed on the roster of WTO panelists and as arbitrator under Free Trade Agreements and the Energy Charter Treaty.

Joost is the author of one of the leading case books on International Trade Law (Aspen, 2012, 2nd ed., with A. Guzman) and, most recently, co-editor of The Foundations of International Investment Law (OUP, 2014) and Informal International Lawmaking (OUP, 2012). He also authored, amongst other works, Optimal Protection of International Law (CUP, 2008), The Transformation of World Trade (Michigan Law Review, 2005) and Conflict of Norms in Public International Law (Guggenheim Prize, 2005). 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: Maison de la paix, Pedal 1 - Room 807 (8th Floor)

Telephone: +41 22 908 58 16

Email: Joost.Pauwelyn(at)graduateinstitute.ch

Office hoursWednesday, 5:00 pm - 6:00 pm (or by appointment)

Position(s) at the Institute  

AssistantHsien Wu chuck.wu(at)graduateinstitute.ch

Professor of International Law
Co-Director of the Centre for Trade and Economic Integration   
 
Research Interests: Professor Pauwelyn's current research projects include: Outsider participation mechanisms in 21st century governance networks; legal regimes as complex adaptive systems; the use of economics in international trade and investment dispute settlement; new disciplines on export restrictions; fragmentation of international law; law and economics of public international law; trade policy to fight climate
change; regulating foreign process and production methods in line with WTO Law; empirical analysis of international law.
 

CV                   

 


Possible research topics for incoming PhD candidates

- International standard-setting compared to international lawmaking;

- Case studies of specific standard-setting organizations, their effectiveness & accountability;

- New generation trade and investment treaties;

- Using social networks and the internet to enhance accountability, monitoring and enforcement of international law;

- Plurilateral agreements and the WTO;

- Variable geometry in the WTO;

- Rethinking the developing v. developed countries bifurcation;

- The effectiveness and accountability of informal international lawmaking;

- The use of economics in international trade and investment dispute settlement;

- Using economics to resolve legal questions under international economic law (domestic regulation, IP, TBT, PPMs, remedies, etc.);

- Multi-disciplinary assessments of international law: economics, behavioral economics, psychology, sociology (network analysis), international relations, etc.

- Foreign investment insurance

- Empirical analysis of cross-fertilization between BITs

- State-owned entreprises in international law

 


Publications

Books & Monographs

  • The Foundations of International Investment Law: Bridging Theory Into Practice, (editor with Z. Douglas & J. Vinuales), Oxford University Press, forthcoming 2013
  • International Trade Law, Wolters Kluwer / Aspen Publishers, 2nd edition, 2012 (with Andrew Guzman, Berkeley)
  • Informal International Lawmaking, (editor with R. Wessel & J. Wouters), Oxford University Press, 2012
  • Informal International Lawmaking: Case Studies, (editor with A. Berman, S. Duquet, R. Wessel & J. Wouters), TOAEP Academic Publisher, 2012, available here
  • Global Challenges at the Intersection of Trade, Energy and The Environment, (editor), CEPR, June 2010, available at http://www.cepr.org/press/CTEI-CEPR.pdf
  • The Law, Economics and Politics of Retaliation in WTO Dispute Settlement, Cambridge University Press, 2010 (co-edited with Chad Bown)
  • 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)
  • The Nature of WTO Obligations, Jean Monnet Working Paper No. 1/02 (2002), NYU School of Law, Jean Monnet Centre, available here
  • Trade in Energy, WTO Rules Applying under The Energy Charter Treaty, Energy Charter Secretariat, Brussels, 2001

 


Articles

  • When Structures Become Shackles: Stagnation and Dynamics in International Lawmaking, (with R. Wessel & J. Wouters),forthcoming in the European Journal of International Law (2014)
  • At the Edge of Chaos? Foreign Investment Law as A Complex Adaptive System, How It Emerged and How It Can Be Reformed, 29 ICSID Review – Foreign Investment Law Journal (2014) 372-418
  • Upholding the Rule of Law in Informal International Lawmaking Processes, (with S. Duquet, R. Wessel & J. Wouters), forthcoming in Hague Journal on The Rule of Law, 2014
  • The End of Differential Treatment for Developing Countries? Lessons from the Trade and Climate Change Regimes, 22 Review of European Community & International Environmental Law (RECIEL, 2013) 29-41
  • The Exercise of Public Authority Through Informal International Lawmaking: An Accountability Issue?, (with Ramses Wessel and Jan Wouters), Jean Monnet Working Paper 06/11 available here
  • Treaty Interpretation or Activism? The AB Report on United States – ADs and CVDs on Certain Products from China – Comment, 12 World Trade Review (2013) 235-241
  • Conflict of Norms or Conflict of Laws?: Different Techniques in the Fragmentation of Public International Law, (with Ralf Michaels)in 22 Duke Journal of Comparative and International Law (2012) 349-376
  • Trading Cultures – Appellate Body Report on China – Audiovisuals, (with P. Conconi), 10 World Trade Review (2011) 95-118
  • The Dog That Barked But Didn’t Bite: Fifteen Years of Intellectual Property Disputes at the WTO, 1 Journal of International Dispute Resolution (2010), 389-429
  • Squaring Free Trade in Culture With Chinese Censorship: The WTO Appellate Body Report on China – Audiovisuals, 11 Melbourne Journal of International Law (2010), 1-22
  • Emergency Action by the WTO Director-General: Global Administrative Law and the WTO's Initial Response to the 2008-09 Financial Crisis, (with A. Berman), 6 International Organizations Law Review (2009) 499-512
  • Forum Shopping Before International Tribunals: (Real) Concerns, (Im)possible Solutions, 42 Cornell International Law Journal (2009) 77-118 (with Eduardo Salles)
  • 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
  • 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, 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 Collections

  • Forget About the WTO: The Network of Relations Between Preferential Trade Agreements (PTAs) and ‘Double PTAs’ (with Wolfgang Alschner) Trade Cooperation: The Purpose, Design and Effects of Preferential Trade Agreements (eds. Manfred Elsig and Andreas Dür), Cambridge University Press, forthcoming 2015
  • Minority Rules: Precedent and Participation before the WTO Appellate Body , in Establishing International Adjudicatory Authority in Trade Law (eds. Laura Nielsen and Henrik Palmer Olsen), forthcoming 2014
  • Rational Design or Accidental History? The Emergence of International Investment Law, in Foundations of International Investment Law (eds. Douglas, Pauwelyn, Vinuales), Cambridge University Press, 2014
  • Use, Non-use and Abuse of Economics in WTO and Investor-State Dispute Settlement, in WTO Litigation, Investment and Commercial Arbitration – Cross-fertilization and Reciprocal Opportunities (Goldman, Romanetti & Stirnimann eds.), Kluwer, forthcoming 2013 available here
  • Different Means, Same End: The Contribution of Trade and Investment Treaties to Anti-Corruption Policy, in Anti-Corruption Policy: Can International Actors Play a Constructive Role?, in Anti-Corruption Policy: Can International Actors Play a Constructive Role? (S. Rose-Ackerman & P. Carrington, eds), 2013, 247-265 available here
  • The Politics of Treaty Interpretation: Variations and Explanations Across International Tribunals, (with M. Elsig), in International Law and International Relations: Taking Stock (Jeffrey Dunoff and Mark Pollack, eds.), Cambridge University Press, 2013, 445-473 available here
  • The World Trade Organization’s Dispute Settlement Mechanism – Analysis and Problems, (with T. Bernauer & M. Elsig) in Oxford Handbook of the WTO (A. Narlikar, M. Daunton, and R. M.Stern, eds), Oxford University Press, 2012
  • The Rise and Challenges of ‘Informal’ International Law-Making, in The Law of the Future and the Future of Law (eds. Muller, Zouridis, Frishman and Kistemaker, 2011), 125-140
  • Principled Monism and The Normative Conception of Coercion under International Law, (with George Pavlakos), in Beyond the Established Orders: Policy Interconnections Between the EU and the Rest of the World (eds. Malcolm Evans & Panos Koutrakos, 2011)
  • Conflict of Norms or Conflict of Laws?: Different Techniques in the Fragmentation of International Law, (with Ralf Michaels), in Multi-Sourced Equivalent Norms (ed. Yuval Shany, 2011)
  • Appellate Body Report on China – Audiovisuals, (with Paola Conconi), WTO Case Law of 2009, American Law Institute, forthcoming 2010 (CUP)
  • The Dog That Barked But Didn’t Bite: 15 Years of Intellectual Property Disputes at the WTO, in La Resolution des Litiges de Propriété Intellectuelle (ed. Jacques de Werra), 2010, 1-52
  • Global Challenges at the Intersection of Trade, Energy and the Environment: An Introduction, in Global Challenges at the Intersection of Trade, Energy and the Environment (ed. J. Pauwelyn), p. 1-10
  • Trade Retaliation in WTO Dispute Settlement: A Multi-Disciplinary Approach, (with Chad Bown), in The Law, Economics and Politics of Retaliation in WTO Dispute Settlement (Cambridge University Press, 2010) (eds. J. Pauwelyn & Chad Bown)
  • The Calculation and Design of Trade Retaliation in Context: What is the Goal of Suspending WTO Obligations?, in The Law, Economics and Politics of Retaliation in WTO Dispute Settlement (Cambridge University Press, 2010) (eds. J. Pauwelyn & Chad Bown)
  • Multilateralizing Regionalism: What About An MFN Clause in Preferential Trade Agreements?, Proceedings of the 103rd Annual Meeting of the American Society of International Law, 2009, p. 122-124
  • 10. Comment – Nothing Dramatic (… regarding administration of customs laws. A Comment on the WTO Appellate Body Report on EC – Selected Customs Matters by B. Hoekman and P. Mavroidis, in The WTO Case Law of 2006-2007, Legal and Economic Analysis (CUP, 2009, eds. P. Mavroidis & H. Horn)
  • 10. Legal Avenues to “Multilaterise Regionalism”: Beyond Article XXIV, in Multilateralising Regionalism, Challenges for the Global Trading System, Cambridge University Press, 2009 (eds. Richard Baldwin and Patrick Low)
  • The Unbearable Lightness of Likeness, in GATS and the Regulation of International Trade in Services, Cambridge University Press, 2008 (eds. Marion Panizzon, Nicole Pohl and Pierre Sauvé)
  • Fragmentation of International Law, Max Planck Encyclopedia of Public International Law, entry included in 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