Loyola University Chicago

Student Activities

School of Law

International Law Review 2008 Symposium

Loyola University Chicago School of Law presents the International Law Review 2008 Symposium


"WTO Law and Practice: The State of the Discipline"

February 15, 2008

Rubloff Auditorium
25 E. Pearson St., Chicago, Illinois


Description | Program | Papers | Speakers | Sponsors





This one-day conference and workshop will focus on recent developments in World Trade Organization Law, including appraisals of the Doha Round and its implications, WTO law in a world of fragmented international law, WTO law and developing countries, and the impact of WTO law in domestic legal systems.  The event will feature cutting-edge scholars presenting their papers and ideas about WTO-related developments. This program has been approved by the Illinois MCLE Board for 4.75 hours of credit.  For further information please contact the Co-Symposium Editors, Beata Guzik at bguzik@luc.edu or Ashley Orler at aorler@luc.edu.


Program Agenda


8:00 a.m. - 8:30 a.m. Continental Breakfast


8:30 a.m. - 8:45 a.m.

Welcome & Introduction

David Yellen
Dean & Professor of Law,

 University Chicago

Gregory Shaffer
Wing-Tat Lee Chair of International Law,

 University Chicago


8:45 a.m. - 9:45 a.m.

Panel # 1: Doha Round Appraisal and Implications

SpencerWaller - Panel chair
Professor of Law & Assoc. Dean of Research,

 University Chicago

Raj Bhala
Rice Distinguished Professor (of Law),

 of Kansas

Sungjoon Cho
Assistant Professor of Law,

Chicago-Kent College of Law


9:45 a.m. - 10:00 a.m. Coffee Break


10:00 a.m. - 11:15 a.m.

Panel # 2: WTO Law in a World of Fragmented International Law


Joel Trachtman - Panel chair & Commentator
Professor of International Law,

The Fletcher School, Tufts University

Ernst-Ulrich Petersmann
Professor of International & European Law,
 University Institute

Tomer Broude
Faculty of Law & Dept. of IntÂ’l Relations,

 University of Jerusalem


11:15 a.m. - Noon

Keynote Address: Reflections of a Member of the Appellate Body

Merit Janow
Member of theWTO Appellate Body &
 Professor of Law,
Columbia University


Noon - 1:00 p.m. Lunch Break


1:00 p.m. - 2:45 p.m.

Panel # 3: The Impact of WTO Law in Domestic Legal Orders

Rachel Brewster - Panel chair & Commentator
Assistant Professor of Law,

 Law School

Jeffrey Dunoff
Charles Klein Professor of Law and Government
 & Academic
Director (Transnational Law Program),


Padideh Ala'i
Professor of Law, American University

Karen Alter - Commentator
Associate Professor of Political Science,

Northwestern University


2:45 p.m. - 3:00 p.m. Snack Break


3:00 p.m. - 4:30 p.m.

Panel # 4: WTO Law and Developing Countries

Brett Frischmann - Panel chair
Associate Professor of Law,

 University Chicago

William Davey
Guy Raymond Jones Chair,

 of Illinois

Gregory Shaffer
Wing-Tat Lee Chair of International Law,
 University Chicago

Jide Nzelibe - Commentator

Associate Professor of Law,
Northwestern University

Debra Steger - Commentator
Professor of Law,
University of Ottawa


Papers Presented


Panel #1

Raj Bhala
Doha Round Schisms: Numerous, Technical, and Deep [abstract]



Panel #2

Tomer Broude
Fragmentation(s) of International Law: On Normative Integration as Authority Allocation


Ernst-Ulrich Petersmann
De-Fragmentation of International Economic Law Through Constitutional Interpretation and Adjudication [abstract]


Panel #3

Padideh Alai
The WTO's Role as a Supra-National Regulator: The Letter and Spirit of Article X of GATT 1994 [abstract]

Jeffrey L. Dunoff
The Impact of WTO Law in Domestic Legal Orders: The Effects of Giving Effect to WTO Law in Domestic Courts [abstract]



Panel #4

William J. Davey

The WTO Dispute Settlement System: How Have Developing Countries Fared?

Gregory Shaffer

The Trials of Winning at the WTO: What Lies Behind Brazil's Success [abstract]

Questions for Discussion
Other Relevant Papers by Participants


Padideh Alai

The Multilateral Trading System and Transparency


Karen J. Alter:

Agents or Trustees? International Courts in their Political Context

Resolving or Exacerbating Disputes? The WTO's New Dispute Resolution System


Nitsan Chorev

The Judicial Transformation of the State: The Case of U.S. Trade Policy, 1974-2004


Jide Nzelibe

The Case Against Reforming the WTO Enforcement Mechanism [abstract]


Gregory Shaffer

Access to Justice in the World Trade Organization: A Case for a Small Claims Procedure?

Annexes to The Trials of Winning at the WTO

Does Legal Capacity Matter? Explaining Patterns of Protectionism in the Shadow of WTO Litigation


Debra P. Steger

The Culture of the WTO: Why It Needs to Change





Merit Janow is a professor at Columbia University's School of International and Public Affairs (SIPA) and Columbia Law School. From 2002 to 2004, she was director of the Master's Program in International Affairs, which is the largest program of its kind in the United States. From 2003 to 2007, Janow was appointed one of the seven members of the World Trade Organization's Appellate Body, which undertakes final appeals on intergovernmental trade disputes under the rules of the WTO in Geneva, Switzerland. She was the only North American member and the first female to serve on the Appellate Body. From 1997 to 2000, Janow served as the executive director of an international antitrust advisory committee to the attorney general and the assistant attorney general for antitrust, U.S. Department of Justice. She also served as deputy assistant U.S. trade representative for Japan and China from 1990 to 1993. Early in her career, Janow was a corporate lawyer specializing in cross-border mergers and acquisitions and a researcher on international trade for a leading U.S. think tank.



Padideh Ala'i was appointed to the tenured faculty of the Washington College of Law in 2003. She teaches and specializes in international trade law, and WTO/GATT law in particular; law and development; and comparative law and religion. She also teaches International Business Transactions and a seminar entitled Transnational Reach of U.S. Economic Regulation. In spring 2005, Ala'i was the acting director of the International Legal Studies Program, and from 2003 to 2005 she was the co-chair of the International Economic Law Interest Group of the American Society ofInternational Law (ASIL). In that capacity she organized and hosted a conference entitled "Trade as a Guarantor of Peace, Liberty, and Security?"



Karen Alter teaches courses on International Law, International Organizations, Ethics in International Relations, and the International Politics of Human Rights. Alter is the author of numerous articles and book chapters on the European Union's legal system. Her book in progress, International Courts in International Politics: Four Judicial Roles and Their Implications for State-IC Relations, examines the trend of creating and using international courts, identifying four different legal roles courts play in a political system, and mapping these roles onto 20 existing international courts to better understandwhat the growing number of International courts actually do. Alter is currently on the editorial board of European Union Politics.



Raj Bhala is the Rice Distinguished Professor at the University of Kansas. He teaches courses in International Trade Law, Advanced International Trade Law, and Islamic Law at the School of Law. He is the author of five major books in international trade law. In addition, Raj has written over a dozen law review articles in the field, and co-authors the annual WTO Case Review, published by the Arizona Journal of International and Comparative Law (with David Gantz). He is a member of theCouncil on Foreign Relations, EnglandÂ’s Royal Society for Asian Affairs, and the American Law Institute. He is also an adviser to the Department of Commerce, helping implement international trade law courses in Bahrain, Oman, and the United Arab Emirates as part of the Middle East Partnership Initiative, which aims at a free trade area in the region by 2013.



Rachel Brewster is an assistant professor at Harvard Law School. Her scholarly interests lie at the intersection of law, political economics, and international relations. She has written in the areas of international trade and foreign relations law. Brewster's most recent scholarly articles include "Rule-Based Dispute Resolution in International Trade Law" and "The Domestic Origins of International Agreements." At Harvard, Brewster teaches courses in international economic law and international relations. She has a JD from the University of Virginia School of Law and a PhD in political science from the University of North Carolina at Chapel Hill. Before coming to Cambridge, she was a Bigelow Fellow at the University of Chicago Law School and served as a law clerk for Judge Phyllis Kravitch of the Eleventh Circuit. Brewster is also an associate faculty member at HarvardÂ’sWeatherhead Center for International Affairs.



Tomer Broude is a lecturer (assistant professor) at the Hebrew University of Jerusalem Faculty of Law and Department of International Relations, where he received his BA and LLB degrees. He received an SJD degree from the University of Toronto Law in 2004. He articled at the Legal Department of the Israeli Ministry of Foreign Affairs and spent several years in private practice in Jerusalem. He currently serves as co-chair of the International Economic Law Interest Group of the American Society of International Law.



Sungjoon Cho joined the Chicago-Kent faculty in August 2003. He earned his LLB and MPA degrees from Seoul National University before studying in the United States for his LLM in international economic law at the University of Michigan Law School. He then completed his SJD degree at Harvard Law School in 2002. Before coming to the U.S., he represented the government of South Korea in negotiations with the World Trade Organization and the Organization for Economic Cooperation and Development. He has published numerous articles and books on internationaleconomic law, including Free Markets and Social Regulation: A Reform Agenda of the Global Trading System (Kluwer Law International, 2003). He currently serves as a co-vice chair of the International Economic Law Group in the American Society of International Law.



William Davey holds the Guy Raymond Jones Chair at the University of Illinois College of Law, where he has taught since 1984. From 1995 to 1999, he was the director of the Legal Affairs Division of theWorld Trade Organization. Davey is the author of EnforcingWorld Trade Rules; Legal Problems of International Economic Relations (with Jackson and Sykes); European Community Law (with Bermann, Goebel, and Fox); Pine & Swine: Canada-United States Trade Dispute Settlement; andHandbook of WTO/GATT Dispute Settlement (with Pescatore & Lowenfeld), as well as manyarticles on various international trade law issues. He is associate editor of the [Oxford] Journal of International Economic Law. After his graduation from the University of Michigan Law School in 1974, he served as a law clerk to Judge J. Edward Lumbard and Justice Potter Stewart and worked in Brussels and New York for Cleary, Gottlieb, Steen, & Hamilton.



Jeffrey Dunoff is Charles Klein Professor of Law and Government and Director, Institute for International Law and Public Policy at Temple University Beasley School of Law. His scholarship focuses on public international law, international regulatory regimes, and interdisciplinary approaches to international law. He is coauthor (with Steven Ratner and DavidWippman) of a leading casebook,International Law: Actors, Norms, Process (Aspen), and his writings have appeared in the American Journal of International Law, European Journal of International LawJournal of InternationalEconomic Law, and other publications. During the 2007-08 academic year, Dunoff is serving as a visiting senior research scholar in the Program in Law and Public Affairs and a visiting professor of international affairs at theWoodrow Wilson School at Princeton University. 



Brett Frischmann joined the Loyola faculty in 2002. He is an associate professor with expertise in intellectual property and technology law. Prior to joining the faculty, Frischmann was a law clerk for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit. He graduated Order of the Coif from the Georgetown University Law Center, and while in law school, he was an Olin Research Fellow in Law and Economics and the executive development editor for the GeorgetownInternational Environmental Law Review. After graduating from law school, Frischmann was an associate at Wilmer, Cutler, & Pickering in Washington, DC, where his practice focused on communications, e-commerce, and intellectual property law. 



Jide Nzelibe joined Northwestern's faculty as an assistant professor in 2004 after serving as the Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago. In addition to his JD fromYale Law School, he holds an MPA in international relations from Princeton University, where he was awarded a fellowship from the Woodrow Wilson Foundation and a pre-doctoral fellowship from the Ford Foundation. His research interests include international trade, foreign relations law, public and private international law, and contracts.



Ernst-Ulrich Petersmann is professor of international and European law and head of the Law Department at the European University Institute (EUI) in Florence, Italy. He was previously professor of international and European law at the University of Geneva, Switzerland, and its Graduate Institute of International Studies. During his 30 years of legal practice, Petersmann represented Germany in various international organizations (EC, OECD, UN), acted as legal advisor to the GATT as well as legal consultant for the WTO, and participated in numerous GATT and WTO dispute settlement proceedings as legal advisor,member, or chairman of dispute settlement panels. Petersmann has produced many recent publications.



Gregory Shaffer is Wing-Tat Lee Chair of International Law at Loyola University Chicago School of Law. Shaffer's publications include Defending Interests: Public-Private Partnerships in WTO Litigation (Brookings Institution Press), Transatlantic Governance in the Global Economy (with Mark Pollack, Rowman and Littlefield), When Cooperation Fails: The Law and Politics of Genetically Modified Foods (forthcoming 2008), and over 50 articles and book chapters. Shaffer is a recipient oftwo U.S. National Science Foundation grants for his work on WTO dispute settlement, and international trade-environment policy, as well as a Fulbright Senior Research award for his work on transatlantic regulatory conflict and cooperation.



Debra Steger is Professor at the University of Ottawa, Faculty of Law where she teaches in the field of international trade, international dispute settlement and governance of international institutions. She is also the founder and Director of the EDGE Network on the emerging, dynamic, global economies. Previously, she served as the first Director of the Appellate Body Secretariat of the World Trade Organization in Geneva. She is the immediate past Chair of the Trade and Customs Law Committee of the International Bar Association, and has been on the executive of the Trade Committee of the International Law Association for the past 15 years.  She is also a member of the Editorial Advisory Board of the Journal for International Economic Law, published by Oxford University Press. She is the author of "Peace Through Trade: Building the WTO", published by Cameron May in 2004, and co-editor of "Law in the Service of Human Dignity: Essays in Honour of Florentino Feliciano", published by Cambridge University Press in 2005. During the Uruguay Round of Multilateral Trade Negotiations, she was the Senior Negotiator for Canada on Dispute Settlement and the Establishment of the World Trade Organization as well as the Principal Counsel to the Government of Canada for all of the Uruguay Round agreements.  From 1991-1995, she was General Counsel of the Canadian International Trade Tribunal in Ottawa, the agency responsible for administering the antidumping, countervail, safeguards, and government procurement legislation in Canada.



Joel Trachtman is professor of international law at The Fletcher School of Law and Diplomacy at Tufts University. The author of over 60 scholarly publications, Trachtman is a member of the boards of the American Journal of International Law, the European Journal of International Law, the Journal of International Economic Law, and the Singapore Yearbook of International Law. He has consulted for the United Nations, the OECD, APEC, the World Bank, the Organization of American States, andthe U.S. Agency for International Development. From 1998 to 2001, he was academic dean of the Fletcher School, and during 2000 and 2001, he served as dean ad interim. Prior to joining the faculty of The Fletcher School in 1989, he spent nine years in the private practice of international commercial law in NewYork and Hong Kong.



Spencer Waller serves as a professor and as associate dean of research at Loyola University Chicago's School of Law. He is also the director of the Institute for Consumer Antitrust Studies. Prior to joining Loyola, Waller served as a staff law clerk for the U.S. Court of Appeals for the Seventh Circuit. He also worked for the U.S. Department of Justice, first as a trial attorney in the Foreign Commerce Section of the Antitrust Division and later as a special attorney in the Chicago Strike Force of the Criminal Division. He was a full-time faculty member at Brooklyn Law School for 10 years until joining Loyola in 2000. Waller also serves as the faculty director of the Institute for Consumer Antitrust Studies.






To download an Adobe PDF copy of the informational brochure for the symposium, click on the brochure cover graphic to the left. If the graphic is not visible, please click here.







Loyola University Chicago School of Law International Law Review



Co-Sponsored by The American Society of International Law