Ad hoc Expert Group Meeting on

Trade remedies in green sectors: the case of renewables

3 – 4 April 2014 Geneva, Switzerland

List of speakers

Victor Manuel Aguilar Perez Head of the International Trade Practices Unit (UPCI) Ministry of Economy of Mexico

Víctor Manuel Aguilar Pérez is currently the Head of the International Trade Practices Unit (UPCI) at the Ministry of Economy of Mexico, which is the investigating authority on trade remedies. He held several positions within the public sector: Deputy Director General of Injury and Safeguards Investigations at the UPCI; Economic Counselor of the Representative Offices of the Ministry of Economy at Washington, D.C. and , ; Economic Counselor of the Embassy of Mexico at Brazil; Coordinator of the Advisory Office of the International Cooperation and Economic Relations Unit at the Ministry of Foreign Affairs. He was also appointed as representative of the Government of Mexico before the World Customs Organization, the Organization for Economic Co-operation and Development, the North America Steel Trade Committee and the . During his time serving at the Representative Offices at Washington and Brussels, and at the Embassy in Brazil, he provided highly qualified technical advice to both the offices of the Ministry and the Mexican exporters involved in trade remedies investigations initiated in the US, Europe and Brazil. He obtained his bachelor’s degree in Economics at the Instituto Tecnológico Autónomo de México (ITAM) and his Master of Economics at El Colegio de México (COLMEX). Geraldine Ang Policy Analyst, OECD

Geraldine Ang has been a Policy Analyst at the OECD since October 2011. She works jointly within the Directorate for Financial and Enterprise Affairs and the Environment Directorate on issues related to green investment. She is currently working on a project to identify best practices for creating a level playing field for international investment in green energy. Previously, she helped develop elements of a green investment policy framework to mobilize private investment in green infrastructure (Corfee-Morlot et al., 2012). She has also been focusing part of her research on transport infrastructure and is co-authoring a paper on Mobilising Private Investment in Sustainable Transport. Prior to joining the OECD, she conducted research on the economics of climate change mitigation for the Earth Institute at Columbia University, and consulted for the US Mission to the UN on climate change and sustainable development. She also served as Senior Editor of Columbia University's Journal of International Affairs. Previously, she worked for three years at Lagardere Active in New York, as Associate Manager, and for one year at the French Senate. Geraldine holds a Master of Public Administration (MPA) from Columbia University's School of International and Public Affairs (SIPA) (2011), and a Master of Science in Management from HEC (2006). Mukesh Bhatnagar Professor, Centre for WTO Studies Indian Institute of Foreign Trade

Mr. Mukesh Bhatnagar is currently working as Professor in the Centre for WTO Studies, Indian Institute of Foreign Trade (IIFT), New Delhi. His area of specialization is WTO Trade Remedy Measures and Dispute Settlement. He has an overall experience of about 30 years in handling international trade issues including trade remedies, WTO disputes and various policy instruments of government for promotion of exports. Prior to joining the Centre for WTO Studies he worked in the Trade Policy Division of Department of Commerce for 5 years from 2007-2012 where he handled Rules Negotiations in the Doha round. During this time he also handled several important disputes where was either a complainant or a respondent. He took part in the negotiations of the Negotiating Group on Rules in the area of Anti- dumping and Subsidies including Fisheries Subsidies. Prior to that he has worked for 5 years in the Directorate General of Anti-dumping and Allied Duties (DGAD) which is the Indian investigating authority for anti-dumping and countervailing duty investigations. He has experience of handling about 25 investigations and various kinds of reviews under the Anti-dumping Agreement. He has also handled negotiations of bilateral FTAs in the area of Trade Remedies and Dispute Settlement. He had joined the ’s, Indian Trade Service in 1984 and has served in different capacities, the last being as Additional Director General of Foreign Trade in the Department of Commerce, Government of India. 1

While working in different offices of the Directorate General of Foreign Trade he was associated in formulation and implementation of government’s various schemes relating to foreign trade. He holds an MBA degree from the University of Hull, UK and did his graduation in B.Com (Hons.) from Delhi University. Aaron Cosbey Associate and Senior Climate Change and Trade Advisor International Institute for Sustainable Development (IISD)

Aaron Cosbey is an environmental economist specializing in the areas of trade and sustainable development, international environmental governance, and climate change. He works on two of IISD's program areas: trade and investment, where he serves as Associate and Senior Advisor, and climate change and energy, where he serves as Associate. He manages IISD’s program of work on trade, investment and climate change. He is a past Member of International Trade Canada's Market Access Advisory Group, past Member of the Deputy Minister for International Trade's Academic Advisory Council on Canadian Trade Policy, and of the Minister for International Trade's Environmental Sectoral Advisory Group on International Trade, where he chaired the SAGIT's Working Group on the FTAA. Thomas Cottier Managing Director World Trade Institute

Thomas Cottier, Managing Director of the World Trade Institute and the Institute of European and International Economic Law, is Professor of European and International Economic Law at the University of Bern. He directs the national research programme on trade law and policy (NCCR Trade Regulation: From Fragmentation to Coherence) located at the WTI. He is an associate editor of several journals. He was a visiting professor at the Graduate Institute, Geneva and also currently teaches at the Europa Institut Saarbrücken, Germany and at Wuhan University, . He was a member of the Swiss National

Research Council from 1997 to 2004 and served on the board of the International Plant Genetic Resources Institute (IPGRI) Rome during the same period. He served the Baker & McKenzie law firm as Of Counsel from 1998 to 2005. Oliver Ehrentraut Senior Programme Officer Prognos

Dr. Oliver Ehrentraut studied Economics at the University of Freiburg, Germany. From 2001 to 2008 he worked as Researcher at the Institute of Public Finance and the Research Center for Generational Contracts, Freiburg University. In 2006 he completed his doctoral degree (Dr. rer. pol.), in which he analyzed the effects of the demographic change on the German Pension System. He joined Prognos in 2008. Since 2011 he is responsible for the Department of Labor Market and Social Security and mainly involved in topics related to employment and fiscal policy. Gaston Maria Funes Minister Counsellor for Agricultural Affairs Embassy of Argentina to the European Union

Mr. Funes was born in Santa Fe, Argentina, on 11th June 1969. He obtained his degree on Veterinary Medicine in April 1993. From November 2009 to date he has the position of Minister Counsellor for Agricultural Affairs at the Embassy of Argentina to the EU. Main tasks of this position are related to EU policies, legislation and trade on agricultural, agri-food and agri-industrial products. He was working before for the World Organisation for Animal Health (OIE) from June 2006 to November 2009 as Head of the Regional Activities Department. Before joining the OIE, Mr. Funes worked for the Argentine National Service of Agrifood Health and Quality (SENASA) from 1993 to June 2006, where he held different positions such Risk Analysis Coordinator, and finally the position of Director of Epidemiology until he moved to Europe. Yong Han Division Director, Bureau of Fair Trade for Imports & Exports (BOFT) Ministry of Commerce, People's Republic of China

Mr. Han Yong started working in the field of trade remedy in 1998, as an investigator dealing with the first antidumping investigation of China. Since then he has been actively engaged in buildup and improvement of the legal system of trade remedy of China and practicing with enormous efforts. As Chief negotiator of China, Mr. Han had been participating in the rules negotiation of Doha Round for ten years and was ever designated by the Chairman of the Negotiation Group on Rules as “Friend of Chair” to provide necessary assistance to the Group on his personal capacity. Currently, Mr. Han is Division Director of Bureau of Fair Trade for Imports & Exports (BOFT), Ministry of Commerce of P.R. China. His responsibility is mainly to help Chinese companies respond to trade remedy investigations initiated 2 by North American and Oceana countries and monitor their practices. He has Master of Business Administration of Australian Graduate School of Management of both University of New South Wales and University of Sydney, and Bachelor of Law of University of International Business and Economics. Bernard Hoekman Professor and Research Director, Global Economics European University Institute

Bernard Hoekman is the Director of the research strand “Global Economics: Multilateral Cooperation and Policy Spillovers”. He has held various senior positions at the World Bank, including Director of the International Trade Department and Research Manager in the Development Research Group. He has also worked as an economist in the GATT Secretariat and held visiting appointments at Sciences Po. He has published widely on trade policy and development, the global trading system, and trade in services. He is a graduate of the Erasmus University Rotterdam and holds a Ph.D. in economics from the University of Michigan. He is a Research Fellow of the Centre for Economic Policy Research (CEPR) and a Senior Associate of the Cairo-based Economic Research Forum for the Arab Countries, Turkey and Iran (Cairo). Other positions include Chairperson, Global Agenda Council on Logistics & Supply Chain Systems, World Economic Forum. His most recent book is The Political Economy of the World Trading System (Oxford University Press, 3rd edition, 2009, co-authored with M. Kostecki). Robert Howse Lloyd C. Nelson Professor of International Law New York University School of Law

Since 2000, Professor Howse has been a member of the faculty of the World Trade Institute, Berne, Master’s in International Law and Economics Programme. He is a frequent consultant or adviser to government agencies and international organizations such as the OECD, the World Bank, UNCTAD, the Inter-American Development Bank, the Law Commission of Canada and the UN Office of the High Commissioner for Human Rights. He is a contributor to the American Law Institute project on WTO Law. He has acted as a consultant to the investor's counsel in several NAFTA investor-state arbitrations. He is a core team member of the Renewable Energy and International Law (REIL) project, a private/public partnership that includes, among others, Yale University, the law firm of Baker & McKenzie and the investment bank Climate Change Capital. Professor Howse serves on the editorial advisory boards of the European Journal of International Law and Legal Issues in Economic Integration. He is sub-series editor for the Oxford University Press Commentaries on the WTO treaties. Gary Hufbauer Peterson Institute for International Economics

Gary Clyde Hufbauer, Reginald Jones Senior Fellow since 1992, was formerly the Maurice Greenberg Chair and Director of Studies at the Council on Foreign Relations (1996–98), the Marcus Wallenberg Professor of International Finance Diplomacy at Georgetown University (1985–92), senior fellow at the Institute (1981–85), deputy director of the International Law Institute at Georgetown University (1979– 81); deputy assistant secretary for international trade and investment policy of the US Treasury (1977– 79); and director of the international tax staff at the Treasury (1974–76).

Hufbauer has written extensively on international trade, investment, and tax issues. He is coauthor of Economic Normalization with Cuba: A Roadmap for US Policymakers (2014), Local Content Requirements: A Global Problem (2013), Outward Foreign Direct Investment and US Exports, Jobs, and R&D: Implications for US Policy (2013), The United States Should Establish Permanent Normal Trade Relations with Russia (2012), Figuring Out the Doha Round (2010), Global Warming and the World Trading System (2009), Economic Sanctions Reconsidered, 3rd edition (2007), US Taxation of Foreign Income (2007), Toward a US-Indonesia Free Trade Agreement (2007), US-China Trade Disputes: Rising Tide, Rising Stakes (2006), The Shape of a Swiss-US Free Trade Agreement (2006), NAFTA Revisited: Achievements and Challenges (2005), Reforming the US Corporate Tax (2005), Awakening Monster: The Alien Tort Statute of 1789 (2003), The Benefits of Price Convergence (2002) and World Capital Markets (2001), and coeditor of Capitalizing on the Morocco-US Free Trade Agreement: A Road Map for Success (2009), Maghreb Regional and Global Integration: A Dream to Be Fulfilled (2008), The Ex-Im Bank in the 21st Century (2001), Unfinished Business: Telecommunications after the Uruguay Round (1997) and Flying High: Liberalizing Civil Aviation in the Asia Pacific (1996). He is author of Fundamental Tax Reform and Border Tax Adjustments (1996) and US Taxation of International Income (1992), and coauthor of Western Hemisphere Economic Integration (1994), Measuring the Costs of Protection in the United States (1994), NAFTA: An Assessment (rev. 1993), North American Free Trade (1992), Economic Sanctions Reconsidered (2d ed. 1990), Trade Policy for Troubled Industries (1986), and Subsidies in International Trade (1984).

3

Charles Julien Counsel, King & Spalding

Charles Julien is counsel in King’s & Spalding International Trade Practice Group and is based in the Geneva office. He advises clients on a wide range of international trade matters including negotiations, trade remedy proceedings and disputes. Mr. Julien has extended experience on trade remedy issues. He has represented foreign producers, exporters, importers and governments in over eighty anti-dumping, countervailing and safeguard proceedings initiated by more than ten countries. He has also assisted governments with the drafting of their trade remedy laws and in establishing or restructuring investigating authorities. Prior to joining King & Spalding, Mr. Julien was Legal Counsel with the Egyptian Ministry of Trade and Industry. He represented Egypt in the DDA negotiations and in numerous free trade agreement negotiations. He was also involved in defining the Egyptian trade policy and in the drafting of Egyptian trade remedy regulations. Furthermore, he was responsible for overseeing all trade remedy proceedings conducted by Egypt and coordinating the defence of Egyptian trade interests in foreign proceedings. Prior to that Mr. Julien worked for a major European trade law firm in Brussels and Geneva and in the French Mission to the WTO in Geneva. Mr. Julien lectures on trade law at the American University in Cairo and the Cairo University, and is a regular speaker at conferences and seminars on international, EU and Egyptian trade laws. Jonas Kasteng Trade Policy Adviser Swedish Board of Trade

Jonas Kasteng works as a Trade Policy Adviser at the National Board of Trade in Sweden where he provides the Swedish Ministry for Foreign Affairs with analyses and recommendations on the EU´s use of trade remedies. He has for the last five years been a member of the Swedish delegation to the European Commission´s Anti-Dumping and Anti-Subsidy Advisory Committee and to the European Council’s Working Party on Trade Questions, mainly dealing the ‘modernization review’ of the EU’s trade remedies. He has also been a member of the Swedish delegation to the WTO’s Negotiation Group on Rules in Geneva. Jesse Kreier Counsellor World Trade Organization

Jesse G. Kreier is Counsellor and Chief Legal Officer in the Rules Division of the Word Trade Organization. Since joining the WTO Secretariat in 1992, Mr. Kreier has served as legal officer to numerous dispute settlement panels, and currently supervises dispute settlement arising under the WTO Rules agreements (Agreements on Anti-Dumping, Subsidies and Countervailing Measures, Safeguards, and Trade in Civil Aircraft). He has also staffed a number of negotiations, and is at present the Secretary of the Negotiating Group on Rules. From 1987 to 1992, Mr. Kreier was in private legal practice in Washington, D.C., where he specialized in international trade regulation. Mr. Kreier holds a J.D. degree, magna cum laude, from Georgetown University Law Center, a Master of Science in Foreign Service from Georgetown University, and a Bachelor of Arts from Johns Hopkins University. He is admitted to the Bar in California and the District of Columbia USA. Kalanithi Nesaretnam Minister, Embassy of and Mission of Malaysia to the European Union Regional Manager, Malaysian Palm Oil Board (MPOB) Europe

Dr. Kalanithi Nesaretnam obtained her PhD in Biochemistry and Molecular Biology from the University of Reading, UK in 1996. She is currently a Minister at the Malaysian Embassy based in Brussels, Belgium. She is also the Regional Manager for the MPOB in Europe. Dr. Kala started her career at MPOB as a scientist studying the effects of palm oil and its phytonutrients in nutrition and health. Dr. Kala has a number of patents and several publications to her credit and is best known for her contribution to the field of research in tocotrienols and breast cancer. She was awarded the Gold Medal for excellence in research by MPOB in 2001 and won the prestigious World Intellectual Property Organisation’s Best Woman Inventor in 2006. Dr. Kala is well respected in the scientific community. She was a founding member of the Malaysian Chapter of the Society for Free Radical Research (SFRR) and is the Past- President for SFRR Asia. Prior to her current position she was for six years, Director at MPOB in charge of the Division covering sustainability. She has been instrumental in persuading the oil palm industry to adopt sustainable practices.

4

Bonapas Onguglo Chief, Office of the Director Head of the Trade, Environment and Development Branch Division on International Trade in Goods, Services and Commodities, UNCTAD

Bonapas Onguglo is the Head of the Trade, Environment and Development Branch at the International Trade in Goods, Services and Commodities Division at UNCTAD. He has over 23 years of experience in regional trade and economic integration; multilateral trade negotiations; trade policy formulation; and trade-related technical assistance and capacity building in developing countries. Joost Pauwelyn Professor of International Law The Graduate Institute of International and Development Studies

Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, Switzerland since 2007. Previously he was Professor of Law at Duke University (USA). He has taught at Neuchâtel, Columbia, NYU, Georgetown, Stanford and Harvard law schools and worked as legal adviser for the WTO Secretariat (1996-2002). He specializes in international economic law, in particular trade law and investment law, and its relationship to public international law. He also frequently advises governments and industry in WTO dispute settlement and investment arbitration, and is Senior Advisor to the law firm of King & Spalding LLP. In July 2011, he was added to the indicative list of WTO panelists at the request of Belgium. He is the author of one of the leading case books on International Trade Law (Aspen, 2012, 2nd ed., with A. Guzman) and, most recently, co-editor of Informal International Lawmaking (OUP, 2012) and The Law, Economics and Politics of Retaliation in WTO Dispute Settlement (CUP, 2010). He also authored, amongst other works, The Transformation of World Trade (Michigan Law Review, 2005) and Conflict of Norms in Public International Law (Guggenheim Prize, 2005). In 2009, he received the Francis Deak prize, awarded to a younger author for meritorious scholarship published in The American Journal of International Law for his article on non- discrimination. Daniel Peat University of Cambridge

Daniel Peat is currently a PhD candidate in International Law at the University of Cambridge, having previously completed degrees at the Graduate Institute, Geneva, and the London School of Economics. He has taught on the Law of the World Trade Organization LLM course at Cambridge. His research interests include renewable energy issues in the WTO, and he has previously examined potential third- party institutional arrangements and local content requirements in the WTO, in conjunction with the International Institute for Sustainable Development. His current research focuses upon liability for hazardous activities in international law. Anirudh Shingal Senior Research Fellow, World Trade Institute, University of Bern

Anirudh Shingal is a Senior Research Fellow at the WTI, Cluster-leader of a Swiss National Science Foundation funded work programme on the impact assessment of trade and part of the Economics faculty on the Masters in International Law & Economics (MILE) programme. A PhD in Economics from the University of Sussex, Anirudh specialises in International Economics, Applied Econometrics and Development. His research on trade in services, government procurement and preferential trade agreements has been published in peer-reviewed journals as well as by the World Bank, the European Commission and the Commonwealth Secretariat. Anirudh is also affiliated with the Centre for the Analysis of Regional Integration at Sussex (CARIS) and has also worked with the World Bank, WTO and the private sector. Anirudh graduated 'summa cum laude' on the MILE Program at the WTI and also holds a Master's degree in Economics from the Delhi School of Economics. His undergraduate degree was in Economics (Honours) from St. Stephen’s College, Delhi University. Guillermo Valles Director, International Trade in Goods, Services and Commodities Division, UNCTAD

Ambassador Guillermo Valles Galmés is a career diplomat with over 35 years of professional experience. He has served in different posts in Japan and Argentina and has been Ambassador to China, the European Union, Belgium, and U.N. and WTO in Geneva. He held several relevant political positions including that of Deputy Foreign Minister of Uruguay. He was the leading negotiator for several regional trade agreements and for six consecutive years was chosen as the Chair for Rules negotiations in WTO. He graduated from the School of Law of the Universidad de la República in Uruguay and has received several decorations from governments and NGOs.

5

Vangelis Vitalis Ambassador of to the European Union

Vangelis studied politics and economics at Auckland and Harvard. He has worked at the OECD Secretariat and in a range of roles with the New Zealand Ministry of Foreign Affairs and Trade. Most recently, Vangelis was New Zealand’s Deputy High Commissioner to Australia (2009-2011). Prior to his posting in Canberra, Vangelis was New Zealand’s chief negotiator who led the team which concluded free trade agreements with the twelve members of ASEAN and Australia (in 2008-9) and separately with Malaysia (in 2009). He had previously been a senior New Zealand negotiator at the WTO and worked on the economic modelling for the New Zealand-China FTA Joint Study. Vangelis was also New Zealand’s lead negotiator on the investment chapter of New Zealand’s FTA with China, as well as the trade and labour and trade and environment instruments concluded with China alongside the FTA. At the OECD, Vangelis was the Chief Adviser to the OECD Round Table on Sustainable Development (2001-2004) and was a member of the International Economics Expert Group advising the OECD Ministerial Task Force on IUU Fishing (2004-6). He also worked as part of a team developing a partial equilibrium model for the Russian Ministry of Agriculture to assess the impact of WTO accession on the sector. He is currently Chair of the OECD Committee on Trade and Environment and has chaired the OECD Global Forum on Trade and Climate Change. Vangelis has published extensively, including on the economics of sustainable development, trade and agricultural reform and the relationship between trade, innovation and growth. Mark Wu Assistant Professor of Law, Harvard Law School

Mark Wu is an Assistant Professor of Law at Harvard Law School, where he teaches international trade and international economic law. Previously, he served as the Director for Intellectual Property in the Office of the U.S. Trade Representative where he was the lead U.S. negotiator for the IP chapters of several free trade agreements. He also worked as an engagement manager for McKinsey & Co. where he focused on high-tech companies. He began his career as an economist and operations officer for the World Bank in China, working on environmental, urban development, health, and rural poverty issues. He has also served as an economist for the United Nations Development Programme in Namibia. After earning a J.D. from Yale Law School, he clerked for Judge Pierre Leval on the U.S. Court of Appeals for the Second Circuit and was an Academic Fellow at Columbia Law School. He received his M.Sc. in Development Economics from Oxford University, which he attended on a Rhodes Scholarship, and his A.B. summa cum laude in Social Studies and East Asian Studies from Harvard University.

6