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International & Comparative Law Perspectives: Spring 2010 George Washington University Law School Scholarly Commons International & Comparative Law Perspectives Publications Spring 2010 International & Comparative Law Perspectives: Spring 2010 Int'l & Comp. Law Program George Washington University Follow this and additional works at: https://scholarship.law.gwu.edu/international_perspectives Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Int'l & Comp. Law Program, "International & Comparative Law Perspectives: Spring 2010" (2010). International & Comparative Law Perspectives. 4. https://scholarship.law.gwu.edu/international_perspectives/4 This Book is brought to you for free and open access by the Publications at Scholarly Commons. It has been accepted for inclusion in International & Comparative Law Perspectives by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. THE GEOrgE WASHINGTON UNIVERSITY LAW SCHOOL international and comparative law perspectives NEWS AND CURRENT ISSUES [ PERSPECTIVES ] SPRING 2010 climate change and 1, 2, 7 PERSPECTIVES 1, 6 VIEWPOINT international trade law: 3, 6 rECOGNITION a conversation with gw law professor steve charnovitz 3, 5 whAT’S NEW 4, 5 prOFILES For Steve Charnovitz, the recent media and government attention on 6 OUR HISTOry 7 IN PRINT climate change—particularly in advance of the Copenhagen Climate 8 ON THE AGENDA Conference in December 2009—placed on center stage the issues that have shaped his research and writing throughout most of his professional career. [ VIEWPOINT ] n this issue of Perspectives, we profile the work of our Iinternational and compara- tive law faculty and introduce readers to distinguished GW Law alumni who have been instrumental in shaping the field. The lead article features an interview about international trade law and climate change with Professor Steve Charnovitz. harnovitz brings His work at the U.S. Depart- director of the Competitiveness numerous perspectives ment of Labor on international Policy Council, an independent Cto the discussion. First, labor issues; for Senator Carl federal advisory committee with he understands the policy angle, Levin; and for two speakers of representatives from the private having obtained a master’s of the U.S. House of Representa- sector and government that public policy from the Kennedy tives, Speaker Jim Wright and advised the president and the School of Government at Speaker Tom Foley, has given Congress on policies to make Harvard University after him unique insight into the U.S. the U.S. more competitive. graduating from Yale College. government. He was also policy Professor Charnovitz is not shy Assoc. Dean Susan Karamanian continued on page 2 continued on page 6 [ PERSPECTIVES ] continued from page 1 2 about his support for free trade, role of non-governmental international and comparative perspectives law yet he recognizes that the organizations in global gover- government may need to nance, in particular. implement economic and social So, what does he think about policies that support trade global and national attempts to liberalization. address climate change in light of Second, he is a lawyer, trained the vast international legal at Yale Law School, with a focus regime that attempts to regulate on public international law. He trade, the World Trade Organiza- practiced at Wilmer, Cutler, tion (WTO)? We sat down with Pickering, Hale &Dorr in Charnovitz for a conversation on Professor Steve Charnovitz examines the relationship between climate measures and WTO law in his recent book international trade law before this issue, as well as on the Global Warming and the World Trading System joining GW Law in 2004. Third, position of the U.S. on climate he has a firm grasp of interna- change. CHARNOVITZ: We recom- and contributed to the lack of tional and domestic environmen- mend that the largest countries trust between India and the U.S. tal issues; in 1994, he co-founded EDITOR: Your new book enter into cooperative agree- EDITOR: In the fall 2009 issue and directed the Global Environ- [Global Warming and the World ments to address the problem of of The International Economy, you ment and Trade Study (GETS) at Trading System, co-authored with climate change and to deal with wrote about America’s unilateral- the Yale Center for Environmen- Gary Clyde Hufbauer and Jisun the trade-related issues of how to ism in climate change, noting the tal Law and Policy. The GETS Kim and published by the Peter account for emissions associated possibility of “eco-imperialist was one of the first institutions G. Peterson Institute for with imports and exports. Such unilateralism.” Explain your to be devoted exclusively to trade International Economics] cooperative agreements could be concerns. and the environment. examines the tension between accomplished inside the WTO CHARNOVITZ: In that Given the breadth of Charno- efforts to address climate change or in the climate regime. At article, I pointed out the vitz’s training and focus, it should and WTO law. What are some of Copenhagen, President Barack parallelism between the Bush come as no surprise that his work the key tension points? Obama told the world about the Administration with its “my way in international trade law has a CHARNOVITZ: Although we mitigation actions being taken in or the highway” attitude and the strong normative component. note in our book that trade the U.S. and said that these new current political situation in His writing remains, however, liberalization can make it easier policies “will create millions of which Congressional democrats disciplined and rigorous. His for governments to take new jobs, power new industries, are promoting unilateral trade path-breaking work has tackled measures to reduce greenhouse keep us competitive, and spark measures by the U.S. as a way to the broad issue of global gas emissions, the focus in our new innovation.” If that’s true, dictate actions to China and governance, in general, and the book is whether particular then new Congressional India. In neither case does the domestic or international climate legislation does not need [to U.S. lead by positive example. measures violate WTO law. We include] trade sanctions against Given that the U.S. Congress has are concerned that many of the other countries. not enacted a serious greenhouse measures being proposed in the internationa L and EDITOR: What concerns do gas reduction program, it is U.S. would violate WTO rules. COMParative LAW you have from the WTO premature and hypocritical for PERSPECTIVES For example, the climate bill perspective on the outcome of the Congress to threaten passed by the U.S. House of the Copenhagen summit? sanctions against other countries International and Comparative Representatives in June 2009 CHARNOVITZ: At Copenha- that are also laggards. Law Perspectives is published contains an adjustable import by the International and gen, there were proposals on the EDITOR: If you were a charge to be imposed on certain Comparative Law Program at table to ban the use of border member of Congress, what The George Washington goods from certain countries that measures. I haven’t seen a text of measures would you propose to University Law School. do not have climate legislation those proposals, but in our book deal with global warming? Questions or comments that imposes a cost of compliance we recommended that the CHARNOVITZ: In 2004, I should be sent to: at least as high as [that of] the Copenhagen Summit enact a wrote an article pointing to the U.S. This provision would violate Susan Karamanian temporary moratorium on need for framework legislation [email protected] WTO rules, in my view. border measures pending the setting a U.S. goal on climate 202.994.1210 EDITOR: If these environmen- outcome of new negotiations. A change, authorizing negotiations, tal measures are inconsistent George Washington few weeks ago, I read in World and setting out a procedure for University Law School with the WTO regime, then Trade Online that “U.S. negotia- Congress to review and approve International and Comparative what measures should nations Law Program tors buried an effort to ban such the results of multilateral enact to address climate change 2000 H Street, NW measures during the climate negotiations. It noted that Washington, DC 20052 that would minimize the tension? change conference.” In my view, Congress had never taken that Or, are we better off changing www.law.gwu.edu that was unwise and unfortunate simple first step to develop a the WTO regime? continued on page 7 { Recognition } We take great pride in our LL.M. D. Wendy Greene, “Determining students, many of whom have the (In)determinable: Race in [ what’s new ] 3 had their scholarship published. Brazil and the United States,” international and comparative perspectives law The recent theses of two of our 14 Mich. J. Race & L. 143 (2009). Professor Dinah Shelton LL.M. graduates have been published as books: Mohamed R. Hassanien, Elected to Inter-American “International Law Fights Meredith Mariani, The Intersec- Terrorism in the Muslim World: Commission on Human Rights tion of International Law, Agricul- A Middle Eastern Perspective,” tural Biotechnology, and Infectious 36 Denv. J. Int’l L. & Pol’y 221 Disease (Martinus Nijhoff (2008). Buergenthal), Remedies in Publishers 2007). International Human Rights Mohamed R. Hassanien, Law (awarded the 2000 Dan Stigall, Counterterrorism and “Bilateralism and Multilateral- Certificate of Merit from the the Comparative Law of Investiga- ism: Can Public International American Society of Interna- tive Detention (Cambria Press Law Reconcile Between Them? tional Law), and the three- 2009). Real Options for WTO Jurispru- volume Encyclopedia of Genocide dence,” 8 Asper Rev. Int’l Bus. & and Crimes against Humanity Our LL.M. students’ recent Trade L. 51 (2008). (awarded a Best Research publications in journals include: book award by the New York Dinah Shelton Niranjali Manel Amerasinghe Claudia E. Haupt and Klaus M. Public Library).
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