The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.
Steve Charnovitz is Associate Professor of Law at George Washington University Law School. Mr Charnovitz hails from Savannah, Georgia. He received a BA and JD from Yale University, Connecticut and an MPP from the Kennedy School of Government. Before joining the faculty in 2004, he practiced law for six years at the firm now known as Wilmer Hale in Washington, DC. From 1995 to 1999, he was Director of the Global Environment and Trade Study (GETS), which he helped to establish in 1994. From 1991 to 1995, he was Policy Director of the US Competitiveness Policy Council. The Council issued four reports to the US Congress and President. From 1987 to 1991, he was a Legislative Assistant to the Speaker of the US House of Representatives. Early in his career, he was an analyst at the US Department of Labor where his assignments included worker rights in US trade negotiations, trade adjustment assistance, and technical cooperation with Saudi Arabia. Mr Charnovitz serves on the Board of Editors of the American Journal of International Law, the Editorial Boards of the Journal of International Economic Law, the World Trade Review, and the Journal of Environment and Development, and on the International Scientific Board of the journal Transnational Associations. He is a member of the Council on Foreign Relations. He is admitted to the bar in New York. Debra P. Steger is a Professor in the University of Ottawa Faculty of Law. Peter Van den Bossche is a Professor in the Maastricht University Faculty of Law.
List of contributors; Preface; Biographical note; List of abbreviations; Part I. Reflections on the Contributions of Florentino Feliciano to International Law: 1. A judge's judge: Justice Florentino P. Feliciano's philosophy of the judicial function Michael Reisman; 2. The benign first mate Rosalyn Higgins; 3. The Aristotelian James Bacchus; 4. Trade and economic justice according to law Julio A. Lacarte; Part II. Insights into the World Trade Organization: 5. Justice Feliciano and the WTO environmental cases: laying the foundations of a 'constitutional jurisprudence' with implications for developing countries John H. Jackson; 6. International trade law, human rights and theories of justice Ernst-Ulrich Petersmann; 7. Developing countries and the international trading system Said El-Naggar; 8. North-South issues of foreign direct investments in the WTO: is there a middle of the road approach? Mitsuo Matsushita; 9. The participation of developing countries in WTO dispute settlement and the role of the Advisory Centre on WTO Law Leo Palma; 10. Reform of the WTO dispute settlement system: what to expect from the Doha Development Round? Peter Van den Bossche; 11. Interpretation and application of the WTO Rules: Florentino Feliciano and the First Seven Luis Olavo Baptista; 12. Dispute settlement in the WTO: on the trail of a court Helene Ruiz Fabri; 13. A proposal to introduce an Advocate General's position into WTO dispute settlement A. L. C. de Mestral and M. Auerbach-Ziogas; 14. Arbitration at the WTO: a terra incognita to be further explored Laurence Boisson de Chazournes; 15. The challenges to the legitimacy of the WTO Debra P. Steger; 16. The World Trade Organization after Cancun Guiguo Wang; Part III. The Changing Landscape of Investment Arbitration: 17. The reshaping of the international law on foreign investment by concordant bilateral investment treaties Stephen M. Schwebel; 18. ICSID arbitration and the state's increasingly remote consent: apropos the Maffezini case Brigitte Stern; 19. The notion of investment in recent practice Rudolf Dolzer; 20. Arbitration of investment disputes under UNCITRAL Rules and the choice of applicable law Giorgio Sacerdoti; Part IV. New Challenges in International Adjudication: 21. From Preston to Prescot: globalising legitimate expectation Francisco Orrego Vicuna; 22. The Independence of the international judiciary: some introductory thoughts Philippe Sands; 23. 'Straddling and highly migratory flags' before the International Tribunal for the Law of the Sea Tullio Treves; 24. Collective security and the personification of peace Charlotte Ku; 25. Some thoughts on 'Asian' approaches to international dispute resolution M. C. W. Pinto; 26. The 'Cameroon v. Nigeria: Equatorial Guinea Intervening (Land and Maritime Boundary) Judgement Barbara Kwiatkowska; Bibliography of works by Florentino Feliciano; Index.