Faculty
Gregory C. Shaffer
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Loyola University Chicago | |
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PUBLICATIONS Books and Edited Volumes Regulating Risk in a Global Economy: The United States, Europe and Agricultural Biotechnology (Oxford University Press, forthcoming 2007). Defending Interests: Public Private Partnerships in W.T.O. Litigation (Brookings Institution Press, 2003). For reviews, see Defending Interests: Public-Private Partnerships in WTO Litigation (on the Brookings web site). Available for purchase at http://www.brookings.edu/press/books/defendinginterests.htm. Transatlantic Governance in the Global Economy, wrote (110 pages) and edited with Mark Pollack (UW political science) (Rowman & Littlefield, Boulder, Colorado, 2001). For reviews, see Transatlantic Governance in the Global Economy (on the Rowman & Littlefield web site), which includes review by Stanley Hoffmann in Foreign Affairs, calling the book "a model of research and analysis." Available for purchase at http://www.rowmanlittlefield.com/Catalog/SingleBook.shtml?command=Search&db=%5EDB/CATALOG. db&eqSKUdata=0742509311. Wrote or co-authored 4 chapters, which are (i) Introduction: Transatlantic Governance in Historical and Theoretical Perspective (1-42); (ii) The Blurring of the Intergovernmental: Public-Private Partnerships in the Bringing of U.S. and EU Trade Claims (97-123); (iii) The Challenge of Reconciling Regulatory Differences: Food Safety and Genetically Modified Organisms in the Transatlantic Relationship (153-178); and (iv) Conclusion: Who Governs? (287-305). The Future of Transatlantic Economic Relations: Continuity Amid Discord (edited with Mark Pollack, Helen Wallace and David Andrews) (European University Institute, Florence, Italy, 2005). The volume is available online at http://www.iue.it/RSCAS/e-texts/Future_Transat_EconRelations.pdf. Wrote with Pollack (i) the Introduction (pp. 1-8) and (ii) the chapter entitled "Dealing with Regulatory Differences: Global Markets, International Institutions, and The Transatlantic Dispute over Agricultural Biotechnology" (pp. 167-229).
Short Sample of Some Monographs/Articles "Transnational Mutual Recognition Regimes: Governance Without Global Government," with Kalypso Nicolaidis, 68:3 Law and Contemporary Problems 267-322 (2005). Available at http://papers.ssrn.com/sol3/results.cfm. "How to Make the WTO Dispute Settlement System Work for Developing Countries: Some Proactive Developing Country Strategies" (ICTSD monograph, Geneva) 1-65 (March 2003), at http://www.ictsd.org/pubs/ictsd_series/resource_papers/DSU_2003.pdf. "Managing U.S.-EU Trade Relations through Mutual Recognition and Safe Harbor Agreements: "New" and "Global" Approaches to Transatlantic Economic Governance?., 9 Columbia Journal of European Law 29-77 (Fall 2002). Available at http://papers.ssrn.com/sol3/results.cfm. "The World Trade Organization under Challenge: Democracy and the Law and Politics of the WTO's Treatment of Trade and Environment Matters," 25 Harvard Environmental Law Review 1-93 (Winter 2001). Available at http://papers.ssrn.com/sol3/results.cfm. "Globalization and Social Protection: The Impact of Foreign and International Rules in the Ratcheting Up of U.S. Privacy Standards," 25 Yale Journal of International Law 1-88 (Winter 2000). A shorter version is reprinted in The Globalization of Justice (Paul Schiff Berman ed., 2005, Ashgate Press). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=531682.
Articles, Book Chapters, Essays (in chronological order) Published in 2006 (or forthcoming in 2006): "The Challenges of WTO Law: Strategies for Developing Country Adaptation," World Trade Review (2006). A different version of this article was published as "Three Developing Country Challenges in WTO Dispute Settlement: Some Strategies for Adaptation," Reform and Development of the WTO Dispute Settlement System, Dencho Georgiev & Kim Van der Borght, eds. (Cameron May, UK, 2006). Available at http://papers.ssrn.com/sol3/results.cfm. "What's New in EU Dispute Settlement? Judicialization, Public-Private Networks and the WTO Legal Order," 13:6 Journal of European Public Policy (2006), at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=899481. To be included in The EU and the New Trade Politics, eds John Peterson & Alasdair Young, Routledge (forthcoming). "Behind the Curtains of International Trade Disputes," in The WTO in the Twenty-First Century: Dispute Settlement, Negotiations and Regionalism in Asia (Cambridge University Press, 2006) (from the 10th anniversary meeting of the Appellate Body in Tokyo). A Japanese translation was published in the journal Kokusai-Shoji-Homu (International Business Law and Practice), Japanese Institute of International Business Law (Fall 2005). Available at www.law.harvard.edu/students/orgs/hela/papers/pub-priv-teubingen-new.doc. "The EU Regulatory System on GMOs," with Mark Pollack, in Uncertain Risks Regulated: National, EU and International Regulatory Models Compared, eds. Ellen Vos, Michelle Everson and Joanne Scott, University College of London/Cavendish Press (forthcoming 2006). "Transatlantic Economic Relations: Continuity Amid Discord," with Mark Pollack, 5:1 European Political Science, Journal of the European Consortium for Political Research 62-68 (2006). Available at http://www.palgrave-journals.com/eps/index.html. Published in 2005: "Transnational Mutual Recognition Regimes: Governance without Global Government," with Kalypso Nicolaidis, 68:3 Law and Contemporary Problems 267-322 (2005). An earlier working paper version was published on the NYU International Law and Justice web site, as 2005/6, available at http://www.iilj.org/publications/NicolaidisShaffer.htm. "Institutional Choice in the GSP Case: Who Decides the Conditions for Trade Preferences: The Law and Politics of Rights," Journal of World Trade, Vol. 39, No. 5 (December 2005), pp. 977-1008, with Yvonne Apea. A shortened version of the article was included in Human Rights and International Trade, eds. Thomas Cottier and Joost Pauwelyn, Oxford University Press (2005). The full version is at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=871240. "Can WTO Technical Assistance and Capacity Building Serve Developing Countries?" Wisconsin International Law Journal (Winter 2006). As separate shorter version was published in Reforming the World Trading System: Legitimacy, Efficiency and Democratic Governance, ed. Ernst-Ulrich Petersmann (Oxford University Press 2005). A synopsis was published as a "Briefing Paper" by the Consumer Unity Trust Society (India) and distributed at the 2005 WTO Ministerial Meeting in Hong Kong. Full text available at http://papers.ssrn.com/sol3/results.cfm. "Agricultural Biotechnology Policy in the EU: Between National Fears and Global Disciplines," with Mark Pollack, for Wallace, Wallace & Pollack, Policy-Making in the European Union, 329-352, 5th edition, Oxford University Press (2005). An extended version was published as an on-line paper, available on the Jean Monnet web site of NYU Law School, at http://www.jeanmonnetprogram.org/papers/04/041001.html. "The Role of the Director-General and Secretariat: A Comment on Chapter IX of the Sutherland Report," 4:3 World Trade Review 429-438 (2005) (for s special issue). Available at http://papers.ssrn.com/sol3/results.cfm. "Developing Country Use of the WTO Dispute Settlement System: Why it Matters, the Barriers Posed, and its Impact on Bargaining," on WTO Appellate Body at 10 website, available at http://www.idcid.org.br/wto/IDCID_GregoryShaffer.PDF. To be published in edited volume (2007). The Future of Transatlantic Economic Relations: Continuity Amid Discord (edited with Mark Pollack, Helen Wallace and David Andrews) (European University Institute, Florence, Italy, 2005). The volume is available online at http://www.iue.it/RSCAS/e-texts/Future_Transat_EconRelations.pdf. Wrote with Pollack (i) the Introduction (pp. 1-8) and the chapter entitled "Dealing with Regulatory Differences: Global Markets, International Institutions, and The Transatlantic Dispute over Agricultural Biotechnology" (pp. 167-229). Published in 2004: "Power, Governance and the WTO: A Comparative Institutional Approach," book chapter in Power and Global Governance, Michael Barnett and Bud Duvall, eds., 130-160 (Cambridge University Press, 2005). Book available at Amazon. "Recognizing Public Goods in WTO Dispute Settlement: Who Decides Who Decides?: The Case of TRIPS and Pharmaceutical Patent Protection," Journal of International Economic Law vol. 7:2, 459-482 (2004). Published also as the concluding chapter of International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime (Keith Maskus & Jerry Reichman, eds.) 884-908 (Cambridge University Press, 2004). Available at http://papers.ssrn.com/sol3/results.cfm. "Parliamentary Oversight of WTO Rule-Making: the Political and Normative Contexts," Journal of International Economic Law vol. 7:3, 629-654 (2004). Also published as "How Can Parliamentary Participation in WTO Rule-Making Be Made more Effective: The US Context," in Reforming the World Trading System: Legitimacy, Efficiency and Democratic Governance, ed. Ernst-Ulrich Petersmann, Oxford University Press (2005) (from the conference "WTO Negotiators Meet Academics" at European University Institute, 2003). Available at http://papers.ssrn.com/sol3/results.cfm. Published in 2003: Defending Interests: Public Private Partnerships in W.T.O. Litigation (Brookings Institution Press, 2003). For reviews, see Defending Interests: Public-Private Partnerships in WTO Litigation (on the Brookings web site). "How to Make the WTO Dispute Settlement System Work for Developing Countries: Some Proactive Developing Country Strategies" (ICTSD monograph, Geneva) 1-65 (March 2003), at http://www.ictsd.org/pubs/ictsd_series/resource_papers/DSU_2003.pdf. I am now turning this early paper into a book. "Managing U.S.-EU Trade Relations through Mutual Recognition and Safe Harbor Agreements," in Dispute Prevention and Dispute Settlement in the Transatlantic Partnership 297-325 (ed. Ernst-Ulrich Petersmann) (Oxford University Press, 2003). Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=406940. Les Differentes Approches de la Securite Alimentaire (Comparaison Union europeen/Etats Unis), in La securite alimentaire dans l'union europeenne (co-authored with Mark Pollack) (ed. Jacques Bourrinet) (CERIC, 2003). "Extraterritoriality in a Globalizing World: The Case of Data Privacy Protection," American Society of International Law Proc. (2003). A version is republished in UW Law School's alumni magazine, under the title "How European Law Affects U.S. Business Practice: Extraterritoriality in a Globalizing World" (2003). Book review: "The Law of the Single European Market: Unpacking the Premises," eds. Catherine Barnard and Joanne Scott (2002), EUSA Review (2003). Available at EUSA Review. Published in 2002: "Managing U.S.-EU Trade Relations through Mutual Recognition and Safe Harbor Agreements: "New" and "Global" Approaches to Transatlantic Economic Governance?", 9 Columbia Journal of European Law 29-77 (Fall 2002). Available at LexisNexis. An earlier version was published as .US-EU Trade Relations through Mutual Recognition and Safe Harbor Agreements: "New" and "Global Approaches to Transatlantic Economic Governance?," EUI Working Papers, RSC No. 2002/28 (Robert Schuman Centre 2002). The Political Economy of the Transatlantic Partnership, contributed two chapters of report prepared by BP Chair in Transatlantic Relations for Her Majesty.s Treasury (United Kingdom) and for the Ministry of Finance, Government of the Kingdom of the Netherlands (Florence: European University Institute, July 19, 2002.). Available at Treasury. "'If Only We Were Elephants': The Political Economy of the WTO's Treatment of Trade and Environment Matters," in The Political Economy of International Trade Law: Essays in Honor of Robert E. Hudec (eds. Daniel Kennedy and James Southwick) 349-393 (2002, Cambridge University Press). Book available at Amazon. "The Nexus of Law and Politics: The WTO's Committee on Trade and Environment," in The Greening of Trade Law? International Trade Organizations and Environmental Issues 81-114 (2002, Rowman & Littlefield). Book available at Amazon. "World Trade Organization" entry for Legal Systems of the World: A Political, Social, and Cultural Encyclopedia 1784-87 (ABC-CLIO, 2002). Book available at Amazon. Vers un compromis transatlantique sur les OGM, in Le commerce international des organismes genetiquement modifies (eds. Jacques Bourrinet & Sandrine Maljean-Dubois) 305-315 (CERIC, 2002). "The EC-Sardines Case: How North-South NGO-Government Links Benefitted Peru," with Victor Mosoti, Bridges, vol. 6:7, at 15, Oct. 2002 (International Centre on Trade and Sustainable Development), available at http://www.ictsd.org/monthly/bridges/BRIDGES6-7.pdf. Published in 2001: Transatlantic Governance in the Global Economy (edited with Mark Pollack, UW political science), Rowman & Littlefield, Boulder, Colorado (2001). For reviews, see Transatlantic Governance in the Global Economy (on the Rowman & Littlefield web site). Wrote or co-authored 4 chapters, which are (i) Introduction: Transatlantic Governance in Historical and Theoretical Perspective (1-42); (ii) The Blurring of the Intergovernmental: Public-Private Partnerships in the Bringing of U.S. and EU Trade Claims (97-123); (iii) The Challenge of Reconciling Regulatory Differences: Food Safety and Genetically Modified Organisms in the Transatlantic Relationship (153-178); and (iv) Conclusion: Who Governs? (287-305). "The World Trade Organization under Challenge: Democracy and the Law and Politics of the WTO's Treatment of the Trade and Environment Matters," 25 Harvard Environmental Law Review 1-93 (Winter 2001). Substantial portions reprinted in case books. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=828644. "WTO Blue-Green Blues: The Impact of U.S. Domestic Politics on Trade-Labor, Trade-Environment Linkages for the WTO's Future," for special issue on "The Future of the World Trade Organization," Fordham International Law Journal 608-651 (Nov.-Dec. 2000). Available at HeinOnline. For revised versions of this article requested by other publications, see (i) "Symbolic Politics and Normative Spins: The Link Between U.S. Domestic Politics and Trade-Environment Protests, Negotiations and Disputes," 31 Environmental Law Reporter 11174-11190 (Oct. 2001) (of the Environmental Law Institute); and "U.S.-EU Trade Tensions over GMOs," 11 La Follette Policy Report 11-14, 22-24 (2001). Published in 2000: "Globalization and Social Protection: The Impact of Foreign and International Rules in the Ratcheting Up of U.S. Privacy Standards," 25 Yale Journal of International Law 1-88 (Winter 2000). A shorter version is reprinted in The Globalization of Justice (Paul Schiff Berman ed., 2005, Ashgate Press). Available at http://papers.ssrn.com/sol3/results.cfm. "Transatlantic Governance in a Global Economy," EUI Review 22-24 (Nov. 20, 2000). "Transatlantic Governance and the Challenge of Genetically Modified Organisms," 23 The Washington Quarterly 41-54 (Autumn 2000, co-authored with Mark Pollack: 41-54). "The Democratic Legitimacy of Extraterritorial U.S Trade Sanctions on Environmental Grounds: The WTO Shrimp-Turtle Case," 94 American Society of International Law Proc. 84-87 (2000). Published in 1999: "The Power of EU Collective Action: The Impact of EU Data Privacy Regulation on U.S. Regulatory and Business Practice" 5 European Law Journal 419-437 (December 1999). "U.S. Privacy Standards: The Impact of Foreign and International Rules," 10 La Follette Policy Report 1 (Fall 1999). "United States-Import Prohibition of Certain Shrimp and Shrimp Products," 93 American Journal of International Law 507 (April 1999). Available at HeinOnline. "The Law and Politics of the Treatment of Trade and Environment Measures in the WTO," 93 American Society of International Law Proc. 218 (1999). "Trade and Environment Conflicts: the Shrimp-Turtle Case," International Council on Metals and the Environment (March 1999). Published in 1998 and prior to then: "The U.S. Shrimp-Turtle Appellate Body Report: Setting Guidelines toward Moderating the Trade-Environment Conflict," Bridges (published by the International Centre for Trade and Sustainable Development) (November 1998). "Mechanisms for the Negotiation of International Trade Claims by Public Authorities on behalf of Private Enterprises in the European Union: A Public-Private Partnership," in 92 American Society of International Law Proc. 212 (1998). "Trade and Environment: Options for Resolution of the WTO Shrimp-Turtle Case," International Trade Reporter (BNA) (Feb. 18, 1998). Book Review of The World Trade Organization: Multilateral Trade Framework for the 21st Century and US Implementing Legislation (ed. Terrence Stewart), 91(4) American Journal of International Law 767 (Oct. 1997). Available at HeinOnline. "France", the chapter on French environmental regulation in the book Environmental Regulation in Eight Western European Countries (1995: 27-41). Chapter on French corporate law in the European Companies Handbook (collaborative) (1991). Chapter on French real estate law in Building a Stake in Europe (collaborative) (1991). Note, "An Alternative to Unilateral Immigration Controls: Toward a Coordinated US-Mexico Binational Approach," 41 Stanford Law Review 187-232 (Nov. 1988).
WORK IN PROGRESS "The "Rule of Law" in the World Trade Organization: Do the "Haves" Come Out Ahead?" This is a book project for which I have a 170-page working draft. I will publish a number of chapters separately as articles, which I have presented at the WTO Appellate Body at 10 conferences in Sao Paulo (2005) and Cairo (2006). "A Call for a New Legal Realism: Method in International Economic Law Scholarship," manuscript presented at the ASIL International Economic Law Group conference, 50th anniversary of Bretton Woods. "Who Decides?: A Comparative Institutional Approach to International Trade Law," 50-page manuscript presented at workshops. "Strengthening the State though Diffusing Expertise: Brazil's Response to the Judicialized WTO Regime," available at http://www.ictsd.org/dlogue/2006-06-22/2006-06-22-desc.htm. 75-page manuscript with two academics from Brazil, Michele Ratton Sanchez & Barbara Rosenberg. Multiple presentations. "The Role of Legal Capacity in WTO Dispute Settlement." A quantitative and qualitative study with political scientists Marc Busch and Eric Reinhardt (received National Science Foundation grant, May 2004-2006). Twenty-one page survey of all WTO missions distributed in 2005 and 2006. "WTO Remedies: Theory, Practice, Reform," working paper presented at conference of economists in Hong Kong, Dec. 2005. "Access to Justice in the WTO-what about small claims procedures?," with economist Hakan Nordstrom, Director, National Board of Trade, Stockholm "Developing Country Strategies for the WTO Legal Order." This would be an edited volume resulting from conferences in each developing region organized in coordination with the International Centre on Trade and Sustainable Development (Geneva). See below under "Grants." I have organized a draft list of paper topics for conferences in Brazil, Indonesia, and South Africa with ICTSD (see under Grants) to be held in 2006 on the subject of developing countries and WTO dispute settlement. Transnational Transformations of the State, new project with Damian Chalmers of London School of Economics. The first panels will be held at Law and Society Association in 2006, followed by panels at the Law and Society annual meeting in Berlin (2007). The LSA has recognized this project as an LSA International Research Collaborative. "Deliberation in the Council of Ministers: the Case of Agricultural Biotechnology," with Mark Pollack, for edited volume by Helen Wallace on The European Union Council of Ministers (2007). "Law as Power: Alternative Frameworks for thinking about Power in International Law." Talk presented at two conferences. "The Law and Politics of the WTO: A Legal Realist, Institutionalist Perspective," a book idea that will build from a series of articles published and in process. "Law and Business." Book chapter promised for Oxford University Press. The chapter will provide an overview of socio-legal approaches to understanding the relation of law and business.
Recent Presentations | ||
