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WTO Dispute Settlement and Developing Countries

May 20-21, 2005
206 Ingraham Hall
1155 Observatory Drive, Madison, WI  

Description  |  Program  |  Papers  |  Presenters  |  Sponsors

Description

This 2-day conference brings together a select group of leading economists, political scientists, and legal scholars interested in seriously engaging in the subject of the WTO dispute settlement system and its use by, and implications for, developing countries. Subjects for discussion include the design of the dispute settlement system, its impact on developing country participation, empirical studies of the system's use, the impact of power dynamics, aggregate (versus relative) stakes, and asymmetries in legal capacity, strategies for developing countries to mobilize legal resources, and potential reforms of the system, including regarding remedies. The primary goal is to generate a serious exchange of ideas from different vantages.

Program

Friday, May 20

8:30 -9:00 a.m.Coffee and continental breakfast
9:00-10:00 a.m.

Andrew Guzman (University of California at Berkeley, School of Law ) and Beth Simmons (Harvard University, Government Department):

10:00-11:00 a.m.

Sarah Bermeo and Christina Davis (Princeton University, Political Science Department):

11:00-11:15 a.m.Coffee break
11:15 a.m. -12:15 p.m.

Chad P. Bown (The Brookings Institution and Brandeis University) and Bernard M. Hoekman (Sciences Po, World Bank and CEPR):

12:15 -12:30 p.m.

Henrik Horn (IIES, Stockholm, Department of Economics) presentation of Henrik Horn & Petros Mavroidis (Columbia University, Law School) project funded by the World Bank:

"The Mavroidis Compilation of WTO Dispute Settlement Data"

12:30 - 1:30 p.m.Lunch break
1:30 - 2:30 p.m.

Marc Busch (Georgetown University, School of Foreign Service) and Eric Reinhardt (Emory University, Political Science Deparatment):

2:30 - 2:45 p.m.Coffee break
2:45 - 3:45 p.m.

Peter Drahos (Australia National University, School of Law)

"The Bilateral Web of Trade Dispute Settlement
Commentator: Gregory Shaffer
3:45 - 4:45 p.m.

Hassan Kartadjoemena (former Indonesian ambassador to WTO, presently Adviser to the Governor of Bank Indonesia, the central bank of Indonesia).

"WTO Dispute Settlement and Indonesia"
Commentator: Aseema Sinha (UW Madison, Political Science)

Saturday, May 21

8:30 -9:00 a.m. Coffee and continental breakfast
9:00-10:00 a.m.

Hakan Nordstrom (Chief Economist, National Board of Trade, Sweden):

"The Cost of WTO Litigation, Legal Aid and Small Claim Procedures
Commentator: Jay Smith (The George Washington University, Political Science Department)
10:00-11:00 a.m.

Gregory Shaffer (University of Wisconsin, Madison, School of Law):

"The Challenges of WTO Law: Developing Country Strategies for Adaptation" (2 papers for discussion: 1) "Weaknesses and proposed improvements to the WTO Dispute Settlement System: an economic and market-oriented view"; 2) "The Challenges of WTO Law: Strategies for Developing Country Adaptation".)
Commentator: Peter Drahos
11:00-11:15 a.m.Coffee break
11:15 a.m.-12:15 p.m.

Joel Trachtman (Tufts University, the Fletcher School):

"Ubi Remedium, Ibi Ius at the WTO "
Commentator: Robert Staiger
12: 15-1:00 p.m. Lunch break
1:00-2:00 p.m.

Tanapong Potipiti (University of Wisconsin, Madison, Department of Economics):

"How to Sell Retaliation in the WTO
Commentator: Robert Lawrence
2:00-3:00 p.m.

Robert Lawrence and Nathaniel Stankard (Harvard University, Kennedy School of Government):

3:00-3:15 p.m.Coffee break
3:15-4:15 p.m.

Henrik Horn (IIES, Stockholm), Giovanni Maggi (Princeton University, Department of Economics), Robert Staiger (University of Wisconsin, Madison, Department of Economics):

 
Click here for a pdf version of the Program
Marc Busch and Eric Reinhardt. "Three’s a Crowd: Third Parties and WTO Dispute Settlement".

Christina L. Davis and Sarah Blodgett Bermeo "Who Files? Developing Country Participation in WTO Adjudication".

Robert Lawrence and Nathaniel Stankard. "Should Export Subsidies be Treated Differently?".
 

Presenters

Sarah Blodgett Bermeo is a doctoral candidate in the Politics Department at Princeton University .  Her research interests are found at the intersection of international relations, comparative politics and development economics, with a particular focus on economic relations between industrialized and developing countries.  The working title for her dissertation is "Impact of Foreign Aid on Development: Donor Identity or Domestic Institutions as the Determining Factor?"  She has taught economics at the Woodrow Wilson School at Princeton University (summer program) and as an adjunct at Hofstra University .  She received her Master in Public Affairs (Economics and Public Policy) from the Woodrow Wilson School (2001) and her BA from the University of Rochester (1997).   

Chad P. Bown is an assistant professor in the Department of Economics and International Business School , Brandeis University . Currently he is an Okun-Model Fellow at the Brookings Institution, Washington DC . His recent publications include: "Participation in WTO Dispute Settlement: Complainants, Interested Parties and Free Riders," World Bank Economic Review (forthcoming); "Trade Remedies and WTO Dispute Settlement: Why Are So Few Challenged?" Journal of Legal Studies v34, n2 (June 2005); with Rachel McCulloch, "U.S. Trade Policy and the Adjustment Process," IMF Staff Papers v52 (September 2005); "On the Economic Success of GATT/WTO Dispute Settlement," The Review of Economics and Statistics v86, n3 (August 2004): 811-823; with Meredith A. Crowley, "Safeguards in the World Trade Organization," in Patrick F.J. Macrory, Arthur E. Appleton and Michael G. Plummer (eds.), The World Trade Organization: Legal, Economic and Political Analysis, Springer, 2005; with Rachel McCulloch, "The WTO Agreement on Safeguards: An Empirical Analysis of Discriminatory Impact," in Michael G. Plummer (ed.), Empirical Methods in International Trade: Essays in Honor of Mordechai Kreinin, Edward Elgar: London, 2004.

Marc Busch recently was appointed Karl F. Landegger Chair in International Business Diplomacy at Georgetown University , Washington , DC. Previously, Busch was an Associate Professor and Queen's National Scholar at Queen's School of Business . He also served as an associate at the Canadian Institute for Advanced Research. Before that, Busch was an Associate Professor of Government and Social Studies at Harvard University . In addition, he directed graduate student programs at Harvard's Weatherhead Center for International Affairs. The author of the book Trade Warriors: States, Firms, and Strategic Trade Policy in High-Technology Competition, Busch has also contributed articles to the American Journal of Political Science, American Journal of Sociology, British Journal of Political Science, Fordham International Law Journal, International Organization, Journal of Conflict Resolution, Journal of World Trade, as well as various edited volumes. His current research and writing focus on developing countries and World Trade Organization dispute settlement.

Christina Davis is an assistant professor in the Department of Politics and the Woodrow Wilson School of Public and International Affairs at Princeton University . Her teaching and research interests bridge international relations and comparative politics, with a focus on trade policy. Her interests include the politics and foreign policy of Japan and the European Union and the study of international organizations. She is the author of Food Fights Over Free Trade: How International Institutions Promote Agricultural Trade Liberalization (Princeton University Press, 2003).

Peter Drahos is Professor of Law and the Head of Program of the Regulatory Institutions Network at the Australian National University .  He is the Director of the Centre for the Governance of Knowledge and Development. His publications include: A Philosophy of Intellectual Property, Dartmouth (1996); Global Business Regulation, Cambridge University Press (2000); with John Braithwaite, InformationFeudalism: Who Controls the Knowledge Economy?, Earthscan (2002), New Press (2003) and Oxford University Press, (2003); with Ruth Mayne, Global Intellectual Property Rights: Knowledge, Access and Development, Macmillan, 2002 and Death of Patents Law Text (2005).

Andrew Guzman graduated with a J.D. from Harvard Law School and a Ph.D. in economics from Harvard University in 1996. He subsequently clerked for the Honorable Juan Torruella, Chief Judge of the First Circuit Court of Appeals. He currently teaches at the Boalt Hall School of Law at the University of California at Berkeley , and has been a visiting professor at the University of Chicago Law School, the University of Virginia Law School, the University of Hamburg , and Harvard Law School . Professor Guzman teaches in the international law curriculum, including international trade and private international law. He also serves as the Director of the international Legal Studies Program at Boalt Hall. Professor Guzman has written extensively about issues of international regulatory cooperation, international trade, choice of law, arbitration, and public international law.

Henrik Horn is Professor of International Economics, at the Institute for International Economic Studies, Stockholm University (currently on leave). He is (jointly with Petros C. Mavroidis) Chief Reporter of the American Law Institute’s project "Principles of Trade Law: The World Trade Organization". He previously worked for the Economic Research and Analysis Division of the WTO, and has served as a Judge in the Swedish Market Court (the supreme court for antitrust cases).

Hassan S. Kartadjoemena is a former Indonesian ambassador to the WTO, and presently serves as Adviser to the Governor of Bank Indonesia, the central bank of Indonesia .

Robert Z. Lawrence is the Albert L. Williams Professor of International Trade and Investment at the J.F. Kennedy School of Government, a Senior Fellow at the Institute for International Economics, and a Research Associate at the National Bureau of Economic Research. He served as a member of the Presidential Advisors from 1998 to 2000.  Lawrence has also been a Senior Fellow at the Brookings Institution. He has taught at Yale University , where he received his PhD in economics. His research focuses on trade policy. He is the author of Can America Compete?, Crimes and Punishment: An Analysis of Retaliation under the WTO, Regionalism, Multilateralism and Deeper Integration, and Single World. He is co-author of A Prism on Globalization, Globaphobia: Confronting Fears About Open Trade, A Vision for the World Economy, and Saving Free Trade: A Pragmatic Approach.  Lawrence has served on the advisory boards of the Congressional Budget Office, the Overseas Development Council, and the Presidential Commission on United States Pacific Trade and Investment Policy.

Giovanni Maggi is Professor of Economics at Princeton University . He is an associate editor of The American Economic Review and Journal of the European Economic Association. His recent publications include: "Protection for Sale: an empirical investigation," The American Economic Review, vol. 89, pp. 1135-1155, December 1999 (with Pinelopi Goldberg); "Import penetration and the politics of trade protection," Journal of International Economics, vol. 51, pp. 287-304, August 2000 (with Andres Rodriguez-Clare); "Work environment and individual background: explaining regional shirking differentials in a large Italian firm," The Quarterly Journal of Economics, vol. CXV, pp.1057-1090, August 2000 (with Andrea Ichino); "Trade and Diversity," The American Economic Review, vol. 90(5), pp. 1255-1275, December 2000 (with Gene Grossman); "Rigidity, Discretion and the Costs of Writing Contracts," The American Economic Review, vol. 92(4), pp. 798-817, September 2002 (with Pierpaolo Battigalli).

Håkan Nordström is chief economist in the global trade department of the National Board of Trade, Sweden .

Tanapong Potipiti is a dissertator in the Economics department, UW-Madison. He was a visiting researcher at the UNL Center , Institute of Advanced Study , United Nations University, Tokyo, Japan . In summer 2005 Tanapong is going to work at the WTO as a WTO-Support-Programme Visiting Scholar.

Eric Reinhardt is Associate Professor of Political Science at Emory University . His academic interests include international political economy, international dispute settlement, institutions, esp. those of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO), comparative institutions, economic geography, and trade politics. Among his recent publications are: “Industrial Location and Voter Participation in Europe,” British Journal of Political Science, forthcoming (with Marc Busch); “The Perversity of Preferences: GSP and Developing Country Trade Policies, 1976-2000”, Journal of Development Economics, forthcoming, and World Bank Working Paper 2955 (with Çaglar Özden); “Developing Countries and GATT/WTO Dispute Settlement,” Journal of World Trade, 37:4 (2003), 719-735 (with Marc Busch); “Multilateral Determinants of Regionalism: The Effects of GATT/WTO on the Formation of Preferential Trading Arrangements,” International Organization 57:4 (Fall 2003), 829-862 (with Edward Mansfield); “The Evolution of GATT/WTO Dispute Settlement,” in John M. Curtis and Dan Ciuriak, eds., Trade Policy Research 2003 (Ottawa: Department of Foreign Affairs and International Trade, 2003), 143-183 (with Marc Busch); “Transatlantic Trade Conflicts and GATT/WTO Dispute Settlement”, in Ernst-Ulrich Petersmann and Mark A. Pollack, eds., Transatlantic Trade Disputes: The EU, the US, and the WTO (New York: Oxford University Press, 2003) (with Marc Busch).

Gregory Shaffer is Professor of Law at the University of Wisconsin Law School, Director of the UW European Union Center, and Co-Director and Senior Fellow at the UW Center on World Affairs and the Global Economy. His publications include the books The Future of Transatlantic Economic Relations: Continuity Amid Discord (with Mark Pollack, EUI Schuman Centre, 2005), Defending Interests: Public-Private Partnerships in W.T.O. Litigation (Brookings Institution Press, 2003), Transatlantic Governance in the Global Economy (with Mark Pollack, Rowman & Littlefield, 2001), and over thirty articles and book chapters on issues involving international trade law, transatlantic relations, global governance, and transnational impacts on domestic regulation. He has received numerous grants, including two from the National Science Foundation. He received his JD from Stanford Law School and his BA from Dartmouth College . Prior to teaching, he worked in Paris for over seven years at the law firms of Coudert Freres and Bredin Prat.

Aseema Sinha is Assistant Professor of Political Science at the University of Wisconsin - Madison.  She is also a 2004-05 Fellow at the Woodrow Wilson International Center for Scholars, working on a research project on India and the World Trade Organization.  Her first book, The Regional Roots of Developmental Politics in India: A Divided Leviathan (Indiana University Press, 2005) offers a new look at economic development in India by focusing on the interplay between the central state and regional elites.  This book was awarded the first Joseph W. Elder Prize in the Indian Social Sciences by the American Institute of Indian Studies.

James McCall Smith received his Ph.D. in Political Science from Stanford University in 1998. He is currently an Assistant Professor of Political Science and International Affairs at George Washington University . His research and teaching interests include international political economy, international law, and international organizations. His dissertation, Policing International Trade, focused on the design of dispute settlement procedures in regional and multilateral trade accords. With support from the Smith Richardson Foundation, he is currently engaged in a study of the early years of the dispute settlement system of the World Trade Organization. Publications on the process of international economic negotiations include Smith, James McCall. 2003. “Compliance Bargaining in the WTO: Ecuador and the Bananas Case”, Working paper.

Robert Staiger is Professor of Economics at the University of Wisconsin - Madison . His research interests include international trade; theoretical and empirical analysis of international trade policy rules and institutions; GATT and the WTO; cartel behavior among firms. Some recent publications include: "Some Remarks on Reforming WTO AD/CVD Rules," The World Economy, forthcoming, 2005; "Economic Theory and the Interpretation of GATT/WTO" (with Kyle Bagwell), in Michael Szenberg and Lall Ramrattan (eds.), New Frontiers in Economics, Cambridge University Press, 2004; "Report on the International Trade Regime," prepared for the International Task Force on Global Public Goods, Task Force Report forthcoming, 2005; (with Kyle Bagwell), MIT Press, 2002; "Multilateral Trade Negotiations, Bilateral Opportunism and the Rules of GATT/WTO" (with Kyle Bagwell), Journal of International Economics, May 2004; "Enforcement, Private Political Pressure and the GATT/WTO Escape Clause" (with Kyle Bagwell), Journal of Legal Studies, June 2005.

Joel P. Trachtman is Professor of International Law at The Fletcher School, Tufts University . His research interests comprise international trade law; international financial law; international business regulation; legal aspects of international economic integration; law and development. His recent publications include “Legal Aspects of Poverty Agenda at the WTO: Trade Law and “Global Apartheid,” 6 Journal of International Economic Law 3 (2003); “Whose Right is it Anyway? Private Parties in the EC-U.S. Dispute Settlement at the WTO,” Harvard International Law Journal 221 (2003); and “TBT, SPS, and GATT: A Map of the WTO Law of Domestic Regulation,” 36 Journal of World Trade 811 (2002); Review Essay: “The Law of Economics of Global Justice,” 96 American Journal of International Law 984 (2002).
 
Click here for a pdf version of Presenters list.

Sponsors: Center for World Affairs and the Global Economy (WAGE), Global Legal Studies Initiative (GLSI), the International Institute, the East Asian Legal Studies Center and the Center for South East Asian Studies


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