The Jurisprudence of World Trade Law
This course will involve an in-depth examination of the jurisprudence of arbitral panels under the World Trade Organization and the North American Free Trade Agreement and the Appellate Body of the WTO. We will be particularly concerned with recent cases, dealing with issues like domestic health and safety regulation, the environment, and intellectual property rights, where what is at stake is the adjudication of conflicting values. Throughout, we will be preoccupied with the issue of legitimacy and the relationship between adjudication and politics in international trade. Specific issues in adjudication that we will canvass include: due process in proceedings, intervenors’ rights, interpretation of domestic law and non-trade international law by these tribunals, standard of review, scope of appellate jurisdiction, choice of law and choice of forum (e.g. NAFTA vs. WTO), use of expert opinions and other scientific and social scientific evidence, and remedies/state responsibility. This course should be of interest not only to those with a special concern with world trade law, but interested more generally in supranational adjudication. Some previous background in international law or international trade law, policy or economics would be helpful, though not absolutely essential. Students concerned about whether their background makes this seminar an appropriate choice should contact the instructor before registering.