The Fletcher School of Law and Diplomacy, Medford, MA, USA, Professor of International Law, 1989 - present (Assistant from 1989-1994; Associate from 1994-1998). Academic Dean from August 1998 to present.

Responsible for courses in legal aspects of international economic relations, including International Business Transactions, International Financial and Fiscal Law, Legal Aspects of International Trade, Law and Policy in International Business and Seminar on Legal Aspects of International Economic Integration. Recipient of James L. Paddock Teaching Award for 1997.

Research interests in international trade, international economic integration, international business and finance regulation and business regulation in developing countries. Recent publications, presentations and other professional activities are described on Exhibits A, B and C. Chairman of the American Society of International Law International Economic Law Interest Group, April 1995 to April 1997. Honorary Secretary of American Branch of International Law Association, November 1994 to April 1998.

Chairman of Budget and Prioritization Committee and Library Committee; member of Curriculum Committee, Tenure and Promotion Committee and other committees. Member of Tufts University Committee on Misconduct in Scientific Research and Information Technology Policy Oversight Committee.

Shearman & Sterling, New York and Hong Kong, 1980-1989.

Wide experience in international business and financial transactions and regulation. Responsibilities and clients are described on Exhibit D.

EDUCATION

Harvard Law School, Juris Doctor 1980.

Editor-in-chief of Harvard International Law Journal. Vice-president of Harvard International Law Society. Selected for Harvard team, Jessup International Law Moot Court Competition. Research assistant to Derek Bok.

Columbia College, Bachelor of Arts (Political Science) 1977.

London School of Economics, General Course Certificate (International Relations) 1976.

Articles and Chapters

Assessment of the Effects of Trade Liberalization on Domestic Environmental Regulation:  Toward Trade-Environment Policy Integration, in OECD, Methodologies for Environmental Assessment of Trade Liberalization Agreements (2000).

Regulatory Competition and Regulatory Jurisdiction, forthcoming in Journal of International Economic Law (2000).

Regulatory Competition and Regulatory Jurisdiction in International Securities Regulation, forthcoming in Daniel Esty and Damien Gerardin, eds., International Regulatory Competition (2000).

Kalypso Nicolaidïs and Joel P. Trachtman, From Policed Regulation to Managed Recognition:
Mapping the Boundary in GATS, in Pierre Sauve and Robert Stern, GATS 2000 (2000).

Bananas, Direct Effect and Compliance, 10 European Journal of International Law 655 (1999).

The Domain of WTO Dispute Resolution, 40 Harvard International Law Journal 333 (1999).

John Jackson and the Founding of the World Trade Organization: Empiricism, Theory and Institutional Imagination, 20 Michigan Journal of International Law 175 (1999).

Jeffrey Dunoff and Joel P. Trachtman, The Law and Economics of Humanitarian Law Violations in Internal Conflict, 93 American Journal of International Law 394 (1999).

Non-Actor States in U.S. Foreign Relations?   The Massachusetts Burma Law,  Proceedings of the 92nd Annual Meeting of the American Society of International Law 350 (1998).

Jeffrey Dunoff and Joel P. Trachtman, The Law and Economics of International Law,  24 Yale Journal of International Law 1 (1999).

Cyberspace, Sovereignty, Jurisdiction and Modernism, 5 Indiana Journal of Global Legal Studies 561 (1998).

Trade and . . . Problems, Cost-Benefit Analysis and Subsidiarity, Harvard Jean Monnet Working Paper 1/97, and 9 European Journal of International Law 32 (1998).

Externalities and Extraterritoriality: The Law and Economics of Prescriptive Jurisdiction,  in Economic Dimensions in International Law (Alan Sykes and Jagdeep Bhandari, eds., Cambridge University Press 1998).

Accounting Standards and Trade Disciplines:  Irreconcilable Differences?, 31 Journal of World Trade 63 (1997).

The Theory of the Firm and the Theory of the International Economic Organization: Toward Comparative Institutional Analysis, 17 Northwestern Journal of International Law & Business 470 (1997).

J.H.H. Weiler & Joel P. Trachtman, European Constitutionalism and its Discontents, 17 Northwestern Journal of International Law & Business 354 (1997).

The International Economic Law Revolution, 17 University of Pennsylvania Journal of International Economic Law 33 (1996).

The Applicability of Law and Economics to Law and Development: The Case of Financial Law, in International Financial Institutions and the Emerging Markets (Joseph J. Norton and Mads Andenas, eds., Kluwer 1996), republished in Making Development Work: Legislative Reform for Institutional Transformation and Good Governance (Ann Seidman, Robert B. Seidman & Thomas W. Wälde, eds.  1999).

Trade in Financial Services under GATS, NAFTA and the EC: A Regulatory Jurisdiction Analysis, 34 Columbia Journal of Transnational Law 37 (1995).

Foreign Investment, Regulation and Expropriation: A Debtor's Jubilee?, 82 Proceedings of the American Society of International Law 103 (1995).

Reflections on the Nature of the State: Sovereignty, Power and Responsibility, 20 Canada-United States Law Journal 399 (1994).

Unilateralism, Bilateralism, Regionalism, Multilateralism and Functionalism: A Comparison with Reference to Securities Regulation, 4 Transnational Law and Contemporary Problems 69 (1994).

Conflict of Laws and Accuracy in the Allocation of Government Responsibility, 26 Vanderbilt Journal of Transnational Law 1 (1994).

A Concept Paper on Securities Regulation for Bulgaria (chairman and principal draftsman for a committee of authors), 27 International Lawyer 837 (1993).

International Coordination of Insolvency Proceedings: A Transatlantic Perspective, Chapter 16 in International Finance in the 1990's (Joseph J. Norton, ed.) (1993).

International Regulatory Competition, Externalization and Jurisdiction, 34 Harvard International Law Journal 47 (1993).

L'Etat, C'est Nous: Sovereignty, Economic Integration and Subsidiarity, 33 Harvard International Law Journal 459 (1992).

Recent Initiatives in International Financial Regulation and Goals of Competitiveness, Effectiveness, Consistency and Cooperation, 12 Northwestern Journal of International Law & Business 241 (1991).

Reports

Legislative Review and Training Concerning Securities and Financial Markets in Sri Lanka (a report prepared under the auspices of the U.S. Agency for International Development), with Laurent Jacque and Jeswald W. Salacuse, December 1994.

Legislative Review and Training Concerning Securities and Financial Markets in Sri Lanka (a report prepared under the auspices of the U.S. Agency for International Development), with Jeswald W. Salacuse, December 1993.

International Law in Relation to the Application and Interpretation of U.S. Statutes, appended to the Report of the International Law Association (American Branch) Committee on International Law in Domestic Courts, December 1993.

Report of the Working Group on U.S. Foreign Assistance Programs, American Bar Association Section of International Law and Practice, August 7, 1993 (committee of authors; I had primary responsibility for the section on law and development).

Costs and Benefits of Eliminating Institutional Constraints on the Expansion of Non-Traditional Exports (a report prepared under the auspices of the U.S. Agency for International Development), with J. Dirck Stryker, Christopher Shaw, Louis Aucoin and Julien Naginski, March 1993.

Chapter III in Modern Management & Supervision of Financial Institutions, entitled Securities Segment of Capital Markets: Introduction to Operational and Regulatory Aspects(published by the ASEAN Committee on Finance and Banking and the United Nations Centre on Transnational Corporations) (1992).

Analysis of Guatemala's Legal and Regulatory Framework for Trade and Investment (a report prepared under the auspices of the U.S. Agency for International Development), with Kenneth W. Abbott, Alvaro Feller, Paul B. Pieper and Daniel Yarur, June 1992.

Casenotes and Newsletter Contributions

Multiple Contributions to European Journal of International Law Web-Based Publication of Summaries of WTO Appellate Body Reports

Oilseeds Dispute, 3 Europe 1992: Law & Strategy 1, 6 (July 1992).

United States Restrictions on Imports of Tuna, 86 American Journal of International Law 142 (1992).

Antitrust: U.S./EC Will Coordinate Investigations, Trade Information, 3 Europe 1992: Law & Strategy 1, 4 (with Joseph P. Griffin) (January 1992).

Corporate Insolvency: New International Bankruptcy Rules Could Affect Financing, 2 Europe 1992: Law & Strategy, 1, 4 (June 1991).

MCG, Inc. v. Great Western Energy Corp., 896 F.2d 170 (5th Cir. 1990), 84 American Journal of International Law 755 (1990).

Dow Chemical Co. v. Castro Alfaro, 786 S.W.2d 674 (Texas 1990), 84 American Journal of International Law 760 (1990).

American Society of International Law, Annual Meeting, April 7, 2000, panel on The Limits of International Trade-Workers' Protection, the Environment and Other Human Rights, presentation entitled “The Rules and Standards of WTO Dispute Resolution.”

European University Institute, Florence, Italy, Workshop on Globalization, presentation entitled “The Rules and Standards of WTO Dispute Resolution.”

International Economic Law Group of American Society of International Law, Annual Meeting, February 18, 2000, Commentator for Plenary Panel.

Massachusetts Institute of Technology, Panel on The WTO and China, February 16, 2000 presentation entitled “China and Seattle:  An Institutional Perspective on the Trade and . . . Problem.”

Harvard Law School, Panel on The WTO after Seattle:  Implications in Asia and Beyond, December 10, 1999, presentation entitled “An Institutional Perspective on the Trade and . . . Problem.”

WBUR Radio, December 1, 1999, The Connection with Christopher Leiden, Segment on the Seattle Ministerial Meeting of the WTO.

WGBH Television, November 29, 1999, Greater Boston, Segment on the Seattle Ministerial Meeting of the WTO.

Organization for Economic Cooperation and Development, Workshop on Trade and Environment, October 26-27, 1999, presentation entitled “Assessment of the Effects of Trade Liberalization on Domestic Environmental Regulation:  Toward Trade-Environment Policy Integration.”

Yale Law School, Conference on Regulatory Competition and Economic Integration, October 21-22, 1999, presentation entitled “International Regulatory Competition in Financial Services:  A Jurisdictional Synthesis.”

Association of the Bar of the City of New York, Panel on the Massachusetts Burma Law, October 13, 1999, presentation on the WTO Law Issues Raised by the Massachusetts Burma Law.

Harvard University, Weatherhead Center for International Affairs, Conference on WTO Dispute Resolution, October 15, 1999, chair of roundtable discussion.

Organization of American States, Conference on Services Trade and the Western Hemisphere, Costa Rica, July 8-9, 1999, presentation entitled “From Policed Regulation to Mutual Recognition.”

The Brookings Institution, Services 2000:  Preparatory Conference for GATS Negotiations,
Washington, D.C., June 1-2 1999, presentation entitled "From Policed Regulation to Managed Recognition: Mapping the Boundary in GATS."

Columbia Law School, Conference on Transatlantic Regulatory Cooperation, April 16-17, 1999, presentation entitled “Irreconcilable Differences: Accounting Standards in Public Offerings of Securities and Trade Disciplines.”

American Society of International Law, 92nd Annual Meeting, April 1-4, 1998, presentation entitled "Non-Actor States in U.S. Foreign Relations?  The Massachusetts Burma Law."

American Society of International Law, International Economic Law Group Conference, December 5-7, 1997, presentation of paper:  Trade and . . . Problems, Cost-Benefit Analysis and Subsidiarity.

University of Warwick, Conference on Non-State Actors and Authority in the Global System, October 31-November 1, 1997, presentation entitled "Allocation of Authority in the Global System:  Toward a Rationalist Understanding."

Lex Mundi, Hieros Gamos Web-Based Conference, Transcending National Jurisdictions, October 29, 1997, presentation entitled "Education to Meet the Demands of International Legal Practice."

International Law Institute, Conference on Legislative Drafting for Development, June 6, 1997, presentation entitled "Legal and Economic Analysis of Law and Development in Banking and Securities."

Center for Commercial Law Studies, London Institute of International Banking, Finance and Development Law, University of London, Research Seminar on Trade Liberalisation and Financial Services, London, May 30-31, 1997, presentation of paper: Accounting Standards and Trade Disciplines: Irreconcilable Differences?

Harvard Law School, Conference on New Approaches to International Law, May 9-11, 1997, commentator on panel entitled "International Regulatory Coordination and the Economics of Spontaneous Order."

Joint Workshop on the Prevention and Settlement of Economic Disputes Between Japan and the United States, April 7-9, 1997, commentator on Tsuyoshi Kawase, The Issue of Reciprocity.

Fletcher School of Law and Diplomacy, Trade and Environment Panel, April 4, 1997, presentation entitled "An Institutionalist Perspective on the Trade and Environment Debate."

Harvard Law School, Seminar and Workshop on Advanced Issues in Law and Policy of the European Union, NAFTA and the WTO, February 3, 1997, presentation of paper: Trade and . . . Problems, Cost-Benefit Analysis and Subsidiarity.

Harvard Law School, Thesis Writing Workshop, October 18, 1996, presentation entitled "Law and Economics in International Law."

American Society of International Law and El Instituto de Investigaciones Juridicas, June 6-7, 1996, Conference on The Role of International Law in the Americas, presentation entitled "Regulatory and Trade Aspects of Globalization of Capital Markets."

American Society of International Law, International Economic Law Interest Group, May 16-19, 1996, conference chair and presentation of paper entitled The Theory of the Firm and the Theory of the International Economic Organization: Toward Comparative Institutional Analysis.

Boston Bar Association International Environmental Law Committee, April 29, 1996, entitled "International Trade and the Environment: The Venezuelan Reformulated Gasoline Case."

Fletcher School, Panel on Law and Development, April 15, 1996.

Harvard Law School, Research Workshop on the World Trading System, November 14, 1995, entitled "Regulatory Competition and Regulatory Jurisdiction."

American Branch of the International Law Association, International Law Weekend, Panel on International Law in Domestic Courts, November 3, 1995, entitled "Between Monism and Dualism: Institutional Means of Moderating Between International Law and Domestic Law."

Brooklyn Law School International Economic Law Colloquium, November 1, 1995, presentation of paper entitled Trade and Financial Services: A Regulatory Jurisdiction Analysis.

Université de los Andes Conference on Foreign Investment and Dispute Resolution, October 13-14, 1995, in Bogota, Colombia, on Dispute Resolution in International Investment Contracts and Legal Aspects of Foreign Investment Through Stock Markets.

European Bank for Reconstruction and Development, Conference on Emerging Financial Markets and International Financial Institutions, London, May 25, 1995, entitled "Legal and Economic Analysis of Law and Development in Banking and Securities."

George Mason University, Conference on the Economic Analysis of International Law, Washington, D.C., May 5-6, 1995, presentation of paper entitled Externalities and Extraterritoriality: The Law and Economics of Prescriptive Jurisdiction.

Annual Meeting of American Society of International Law, Panel on "Capitalism in Transition: The Role of International Law," New York, April 5, 1995, entitled "Foreign Investment, Regulation and Expropriation: A Debtor's Jubilee."

Harvard Law School, European Law Research Center, March 6, 1995, presentation of paper entitled Trade and Financial Services: A Regulatory Jurisdiction Analysis.

Florida State University, Occupant of Edward Ball Eminent Scholar Chair in International Law, Spring 1995, including public lecture and faculty presentation of paper entitled Trade and Financial Services: A Regulatory Jurisdiction Analysis.

Fletcher School, Conference on Trade and the Environment, November 7, 1994, entitled "The Intersection of Trade Law and Environmental Law."

Warwick University, England, Conference on International Regulatory Competition and Coordination, July 17-19, 1994, entitled "Regulatory Competition and Conflict of Laws."

Canada/U.S. Law Institute, Conference on Sovereignty in the North American Context and in a Changing World, Cleveland, Ohio, April 22-24, 1994, presentation of paper entitled Reflections on the Nature of the State: Sovereignty, Power and Responsibility (concluding presentation).

Harvard Law School, Conference on International Law at the Turn of the Millennium, April 16, 1994, entitled "International Trade and the Environment."

American Society of International Law, International Economic Law Interest Group, Workshop on Interdisciplinary Approaches to International Economic Law, Washington, D.C., February 24-27, 1994, conference co-chair, and concluding presentation entitled "A Conflict of Laws Approach to International Economic Law."

Boston Bar Association International Environmental Law Committee, December 6, 1993. Topic: "International Trade and the Environment: Lessons from the NAFTA Debate."

American Bar Association Section of International Law Section Showcase Presentation, Financial Law in Emerging Markets, New York, New York, August 10, 1993, panel organizer and chair.

Fletcher School, Program on Understanding the Securities Market and Stock Exchanges, co-sponsored by the State Planning Commission of the People's Republic of China and The Fletcher School, July 5-19, 1993, program coordinator and principal speaker.

Harvard Law School, First Annual Conference on International Business Transactions: Legal and Economic Transformations in Global Markets, May 1, 1993, entitled "Free Movement of Goods in the European Community."

Massachusetts Bar Association International Law Committee, October 23, 1992, entitled "International Letters of Credit and Sales Financing."

Tufts University, Environmental Leadership Training Institute, Lincoln Filene Center, July 7, 1992, entitled "Legal Aspects of Trade and the Environment".

International Law Institute, Washington, D.C., conference on Law Making & Development, June 1992, August 1993 and June 1994, entitled "Preparing and Implementing Securities Regulation in Developing Countries."

Fletcher School, Presentation to faculty of Muriel Snowden School, June 16, 1992, entitled "The New Europe: Economics & the Environment," with Profs. Mitchell and Moomaw.

Harvard University Minda de Gunzburg Center for European Studies, Conference on Deregulating the Economy: Politics and Regulation in Advanced Industrial Democracies, April 24-26, 1992 presentation of paper entitled International Competition in Regulation.

Bentley College, Conference on International Perspectives on Business Ethics, Panel on "Ethics Perspectives on Economic Development," Bentley College, March 30, 1992, moderator.

American Society of International Law International Economic Law Interest Group, Workshop on New Approaches to Teaching International Economic Law, February 13-16, 1992, facilitator.

Fletcher School, Conference on the Theory and Practice of Law and Economic Development December 6, 1991, conference organizer and chair.

New England On-Line Users Group, October 25, 1991, entitled "The European Community: What Does it Mean to Us?"

American Bar Association Section of Business Law, Williamsburg, Va., April 12, 1991, entitled "Do Law Schools Prepare Students for International Law Practice?"

Fletcher School, USIA-sponsored regional group project, "The U.S. Foreign Policy Process," March 6, 1991, entitled "A U.S. Perspective on European Community Law."

Harvard University Center For International Affairs, Political Economy of Finance and Debt Study Group, March 5, 1991, entitled "International Financial Regulation."

Retired Professionals Association, Boston Center for Adult Education, November 5, 1990, entitled "Europe 1992: What Does it Mean to Us?"

International Law Institute, Annual Conference on Developing Country Capital Markets, 1994, 1993, 1992 and 1991, entitled "Securities Regulation in Developing Countries."

International Law Institute, Annual Conference on Negotiating and Drafting International Loan Agreements, in 1996, 1994, 1993, 1992, 1991 and 1990, entitled "Negotiating and Drafting Eurodollar Loan Agreements."

International Law Institute, Washington, D.C., on Negotiating and Drafting Foreign Investment Agreements, September 7, 1990.

University of London, Queen Mary and Westfield College Centre for Commercial Law Studies Ninth Annual Conference on International Banking and Finance, June 1990, entitled "International Coordination of Insolvency Proceedings: A Transatlantic Perspective."

Harvard University Center For International Affairs, Political Economy of Finance and Debt Study Group, June 11, 1990, entitled "Is U.S. Bank Regulation Ready for Perestroika?"

Fletcher School, Conference on Debt-Equity Swaps, October 27, 1989, entitled "An International Bankruptcy Regime as a Framework for and Alternative to Debt-Equity Swaps."

United Nations Centre for Transnational Corporations/ Association of South-East Asian Nations First Training Course on Financial Institution Management and Supervision, Manila, August, 1989. Led workshop entitled "Securities Segment of Capital Markets--Introduction to Operational and Regulatory Aspects."

Adviser to Bradley Campaign on international trade law issues, December 1999 to present.

Special International Trade Counsel, Massachusetts Office of International Trade and Investment, advising on international trade law implications of Burma sanctions law and other international trade law matters, April 1997 to September 1998.

Member, Roster of Panelists for Binational Dispute Resolution under Chapter 19 of NAFTA.

Member, American Bar Association Ad Hoc Subcommittee to Prepare Model Amicus Brief on Application of International Law by U.S. Courts, December 1995 to 1996.

Member, Advisory Committee, Electronic Information System for International Law/ Informatique de Droit International, October 1995 to present.

Member, Board of Directors, Berkeley Journal of International Law, March 1996 to present.

Member, Advisory Board, [N]AFTA: Law and Business Review of the Americas, February 1995 - 1997.

Chairman, American Society of International Law, International Economic Law Interest Group, April 1995 - April 1997. Vice-Chairman, April 1993 - 1995. Founder and moderator of on-line electronic discussion group and World Wide Web home page of this interest group.

Member, Program Committee for American Society of International Law, 1996 Annual Meeting.

Chairman of American Bar Association Subcommittee on Emerging Capital Markets, 1994-1995. Chairman of American Bar Association Subcommittee on Law and Regulation in Developing Countries, 1991 - 1994.

Honorary Secretary of American Branch of the International Law Association, November 1994-present.

Member, American Bar Association Working Group on U.S. Foreign Assistance Programs. March 1993 - September 1993.

Contributing editor for international financial law to American Society of International Law International Economic Law Database (electronic database available on Lexis and Westlaw). September 1992 - 1998.

Contributing editor to European Market Law Report. June 1991 - June 1994.

Member, American Society of International Law, Northeast Regional Outreach Committee. September 1993 - present.

Board of International Scholars, Banking and Finance Law Unit, Centre for Commercial Law Studies, Queen Mary and Westfield College, University of London. July 1993 - present.

Missions to Sri Lanka under auspices of Agency for International Development, providing advice on securities regulation. August 1993; August 1994.

Chairman of and principal draftsman for committee formed by American Bar Association Central and Eastern European Law Initiative to advise Bulgaria on drafting and implementing securities regulation. July 1992 - 1994.

Chief Reporter, International Law Association (American Branch) Committee on International Law in Domestic Courts. July, 1992 - December 1993.

Member of three-person legal team (with Kenneth Abbott of Northwestern University Law School and Paul Pieper of Interamerican Management Consulting Corporation) advising Guatemala on revisions to its legal infrastructure for trade, investment and finance. Prepared extensive report. May and June, 1992.

Member of committee advising Boston University School of Law Graduate Banking Program on curricular changes. April 1992.

Advisor to Clinton/Gore campaign on legal issues relating to trade and the environment. August and September, 1992.

Principal draftsman for American Bar Association Committee on International Investment and Development of advice to Albania regarding foreign investment law. April and May, 1992.

Provided extensive pro bono advice to U.S. charity on legal problems arising from corrupt practices in developing country. August and September, 1990; August 1995.

Led multinational, multilingual negotiation team for $4 billion project financing of nuclear power plant at Daya Bay in Guangdong Province, China, including negotiations with joint venture borrower, and negotiations with upstream lenders and export credit agencies.  Responsible for coordinating all financial negotiations and documents and exercising coordination and quality control functions on all documents.

Led team of attorneys responsible for representation of Citicorp in international restructured debt trading and swap activities. Addressed regulatory issues, restructuring agreement issues and contractual issues.

Led legal team for negotiation of joint venture formed by China National Coal Development Corporation and Occidental Petroleum.

Acted as general bank regulatory counsel to Hong Kong branch of Citibank.

Acted as principal attorney and lead negotiator acting for Citibank in connection with non-judicial restructurings of debt of several major Hong Kong-based international shipping companies.

Acted as principal attorney representing Combustion Engineering in merger and acquisition transactions relating to sales of several major divisions, proposed sale to Japanese buyer, auction transaction and leveraged buyout transaction.

Acted as principal attorney representing European company in connection with its disposition of its Philippine subsidiary.

Represented Merrill Lynch & Co. in several leveraged buyout transactions.

Represented numerous companies, including two Swedish companies, a Canadian company, a Hong Kong company and an English company, in connection with their offerings of equity and debt securities in the United States.

Represented international trade finance subsidiary of Citibank in connection with trade finance, countertrade, insurance of trade receivables and letters of credit.