Add to Calendar 2020/07/23 11:00 AM 2020/07/23 12:00 PM America/New_York WITA Deep Dive on WTO Reform: Resolving the Impasse over the Appellate Body https://www.wita.org/events/wita-deep-dive-on-wto-reform-the-way-out-of-the-impasse-over-the-appellate-body/ WITA Webinar
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WITA Deep Dive on WTO Reform: Resolving the Impasse over the Appellate Body

07/23/2020 at 11:00 AM (US/Eastern)
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Featuring:

Stacy Ettinger, Partner, K&L Gates

Ignacio Bercero, European Union Visiting Fellow, Oxford University, and author of the paper What Do We Need a World Trade Organization For? The Crisis of the Rule-Based Trading System and WTO Reform

Bruce Hirsh, Tailwind Global Strategies, and author of the paper Resolving the Appellate Body Crisis: Proposals on Precedent, Appellate Body Secretariat and the Role of Adjudicators

Rufus Yerxa, President, National Foreign Trade Council, and former Deputy Director General of the WTO

With Special Guests:

Jennifer A. Hillman, Council on Foreign Relations and former Member of the WTO’s Appellate Body

Ron Lorentzen, Kelley Drye & Warren LLP, and former Principal Deputy Assistant Secretary of Commerce

Warren H. Maruyama, Hogan Lovells, and former USTR General Counsel

Terry Stewart, Author, Current Thoughts on Trade, and former Managing Partner, Law Offices of Stewart and Stewart

 

Stacy Ettinger is a partner at K&L Gates in the Washington, D.C. office and focuses her practice on international trade. Stacy advises U.S. and foreign companies operating across a diverse range of sectors including manufacturing, energy (LNG, solar, wind), infrastructure, and maritime, in various geographic regions including Asia and the Arctic. 

Her practice covers international trade, investment and regulatory matters, including trade investigations, tariff actions (232, 301, 201), customs rulings, national security reviews of foreign acquisitions and investments (CFIUS), free trade zones, bilateral and multilateral negotiations, market access issues, international IP, and food/product standards. She has over 25 years of experience working with U.S. and foreign businesses and foreign governments on international trade, regulatory, investment, and policy matters. 

Stacy joined K&L Gates after serving for over nine years as senior legal and policy advisor to Senate Democratic Leader, Charles Schumer, on trade, investment and regulatory matters. 

Prior to her work in the United States Senate, Stacy served for 15 years as a trade negotiator, legal and policy advisor, and litigator at the U.S. Department of Commerce, where she represented the United States in bilateral and multilateral trade negotiations, investigated and litigated unfair trade practices (dumping, subsidies) involving industrial and agricultural products, and managed complex federal rulemaking projects. Stacy also represented the United States in more than 30 appearances in World Trade Organization (WTO) dispute settlement proceedings. 

Ignacio Bercerois a director at the Directorate General for Trade of the European Commission (DG TRADE). He currently oversees activities related to the US, Canada and the EU Neighbouring Countries. Bercero coordinated the work of the EU-US High Level Working Group on Growth and Jobs, which recommended the launch of the Transatlantic Trade and Investment Partnership (TTIP) negotiations. He now acts as the EU Chief Negotiator for this agreement.

Bercero joined the European Commission in 1987 and has thorough experience in a large number of trade-related policy areas. During the Uruguay Round of multilateral negotiations, he followed, inter alia, negotiations on trade safeguards, GATT articles, functioning of the GATT, as well as talks on trade and environment. In the period leading up to the launch of the WTO Doha Round, he served as coordinator of the EU WTO policy and led the negotiations on trade and competition. He was also posted in the EU Delegation to the United Nations in New York and worked in areas of WTO Dispute Settlement and Trade Barriers Regulation.

More recently, between 2005 and 2011, Bercero’s field of responsibility included trade-related aspects of sustainable development, as well as bilateral trade relations with South and South-East Asia, Korea, EuroMed and the Middle East countries. As the Chief Negotiator, he led the negotiating process with South Korea and India.Bercero authored several papers and publications on the subjects of Trade Laws, GATT and WTO System, Safeguard Measures, Trade and Competition, WTO Dispute Settlement Reform and bilateral dispute settlement rules in European Free Trade Agreements.

Bercero holds a Law Degree from the Faculty of Law of the Universidad Complutense, Madrid and a Masters of Laws Degree (with Distinction) from University College, London.

Bruce Hirsh, the Principal and Founder of Tailwind Global Strategies LLC, has nearly three decades of experience developing and implementing solutions to complex global problems both in the United States and internationally. With the benefit of 18 years in leadership positions in the Executive Branch and Congress, he understands how to work at the nexus of policy, process, and personalities to advance solutions and achieve results for businesses seeking to expand their footprint in key markets and achieve their policy priorities.

In a sensitive and unpredictable period for companies who trade internationally, Tailwind provides reliable interpretations of the latest developments and their consequences for clients’ bottom lines, and advises clients on how best to minimize risk and maximize business opportunities. In doing so, Tailwind draws on Mr. Hirsh’s deep knowledge of substantive trade and regulatory issues, as well as U.S. and international policy-making institutions. Over the course of his government career, Bruce developed U.S. government positions, initiatives and legislation on a variety of topics and built broad-based coalitions in the WTO, APEC and elsewhere to advance initiatives internationally.

Prior to establishing Tailwind, Bruce worked as Assistant U.S. Trade Representative for Japan, Korea, and APEC, where he negotiated Japan-related provisions of the Trans-Pacific Partnership agreement and represented the United States at Senior Official meetings under APEC and the U.S.-Korea Free Trade Agreement. He also developed and successfully executed strategies for addressing market access and regulatory hurdles in collaboration with private sector stakeholders. As Deputy Assistant USTR for WTO and Multilateral Affairs, he was lead U.S. negotiator for WTO Trade Facilitation, helping to set up the successful conclusion of the first multilateral WTO agreement in two decades, the Trade Facilitation Agreement.

From 2011 to 2014, Bruce was Chief International Trade Counsel for the U.S. Senate Committee on Finance, where he was Chairman Max Baucus’s principal advisor on international trade and economic matters and advised Members of the Committee and the Democratic Caucus on these issues. In that role, he negotiated the Baucus-Camp trade promotion authority legislation.

Bruce also served at USTR as Chief Counsel for Dispute Settlement and as Legal Advisor to the U.S. Mission to the WTO in Geneva, Switzerland. Before joining USTR in 1998, he practiced law in Washington, DC and Tokyo, Japan.

Ambassador Rufus Yerxa became President of the National Foreign Trade Council (NFTC) in May 2016. As president, he oversees NFTC’s efforts in favor of a more open, rules-based world economy, focusing on key issues to U.S. competitiveness such as international trade and tax policy, economic sanctions and export finance.

He has more than four decades of experience as a lawyer, diplomat, U.S. trade negotiator and international official. He has been in key policymaking and management roles in Congress, the Office of the United States Trade Representative (USTR) and the World Trade Organization (WTO), and also spent several years in private law practice and the corporate world. As Deputy Director General of the WTO from 2002 to 2013 he helped to broaden its membership and strengthen its role as the principal rules-based institution governing world trade.

Prior to this, from 1989 to 1995, he served as Deputy USTR under both a Republican and a Democratic President, first as the Geneva-based Ambassador to the GATT (the predecessor organization to the WTO) and subsequently as the Washington Deputy. Earlier in his government career (1981 to 1989) he was with the Committee on Ways and Means of the U.S. House of Representatives, where he was Staff Director of the Subcommittee on Trade. He began his government career as a legal advisor with the U.S. International Trade Commission. After leaving government service in 1995 and prior to joining the WTO he spent five years in the private sector, including as the Brussels-based partner with the U.S. law firm of Akin Gump Strauss Hauer & Feld. Rufusis a native of Washington State.

He holds a BA in political science from the University of Washington (1973), a JD from Seattle University School of Law (1976) and an LLB in international Law from the University of Cambridge in England (1977). He is a member of the District of Columbia Bar, and is also a Visiting Professor with the Middlebury Institute of International Studies at Monterey (MIIS).

Jennifer A. Hillman is a senior fellow for trade and international political economy at the Council on Foreign Relations (CFR), specializing in U.S. trade policy, the law and politics of the World Trade Organization (WTO), international organizations, and Brexit.   

Hillman was most recently a professor of practice at the Georgetown University Law Center, teaching the lead courses in international business and international trade, along with a practicum on international trade and investment law that gave students the opportunity to resolve real-world problems for developing country governments and a wide variety of NGOs. She recently published Getting to Brexit: Legal Aspects of the Process of the UK’s Withdrawal from the EU (IIEL 2018) and Legal Aspects of Brexit: Implications of the United Kingdom’s Decision to Withdraw from the European Union (IIEL 2017). She also co-authored the leading casebook on trade, International Trade Law, 3rd ed., Wolters Kluwer (2016). Additional writings have covered climate change, carbon taxes, the trade war with China, and reforms to the WTO.

Hillman has had a distinguished career in public service. In 2012, she completed her term as one of seven members serving on the WTO’s highest court, its Appellate Body. Hillman also has in-depth experience adjudicating antidumping, countervailing duty, patent and safeguards cases along with conducting numerous studies of the economics of trade policy and trade agreements as a result of her service as a Commissioner at the United States International Trade Commission. Through her work as the General Counsel at the Office of the United States Trade Representative, Hillman was involved in all litigation matters in which the United States was a party or third party in disputes before panels of the NAFTA or the WTO and in addressing the intersection between trade policy, trade law, and foreign policy. She negotiated bilateral agreements with forty-five countries while serving as USTR’s Ambassador and Chief Textiles Negotiator and was the legislative director and counsel to U.S. Senator Terry Sanford of North Carolina before joining USTR.

Hillman was a partner in the law firm of Cassidy Levy Kent, a senior transatlantic fellow for the German Marshall Fund of the United States, president of the Trade Policy Forum, and a member of the selection panel for the Harry S. Truman Scholarship Foundation. She serves on the board of visitors at the Sanford School of Public Policy at Duke University. She is a graduate of the Harvard Law School and Duke University.

Ron Lorentzen has nearly four decades in key positions at both the U.S. Department of Commerce and the Office of the U.S. Trade Representative, Ron Lorentzen brings an unparalleled body of knowledge and experience to advising clients on matters arising under U.S. trade and customs law and WTO, NAFTA, and other trade agreements. Ron provides strategic advice on trade policy, negotiations and disputes.

Prior to joining Kelley Drye, Ron served as the Principal Deputy Assistant Secretary of Commerce for Enforcement & Compliance (E&C), a position to which he was appointed in January 2009. In this capacity, he led a staff of 300 in E&C’s enforcement of U.S. trade laws and agreements to protect domestic industries and workers from unfair pricing by foreign companies and unfair subsidies to foreign companies by their governments. In addition, he was responsible for managing the day-to-day operations of E&C, advised the Assistant Secretary on program and policy issues and served as a senior policy advisor to the Under Secretary and Deputy Under Secretary for International Trade on a broad range of trade law and policy matters. During this period, Ron acted as the Assistant Secretary for E&C for a cumulative total of approximately two years.

Prior to January 2009, Ron served as the Deputy Assistant Secretary for Policy and Negotiations in Commerce’s Import Administration. In that capacity, he oversaw work on a broad range of policy issues and served as a lead U.S. negotiator on trade remedy rule issues in the Doha Round of multilateral trade negotiations at the World Trade Organization (WTO). Before assuming this position, Ron directed Import Administration’s Office of Policy.

Prior to July 2001, Ron was the Deputy Assistant U.S. Trade Representative for WTO and Multilateral Affairs. In that capacity, he helped coordinate the United States’ overall participation in the work of the World Trade Organization, including the 1996, 1998, and 1999 WTO ministerial conferences. At USTR, Ron was chiefly responsible for U.S. policy concerning WTO rules governing trade remedies, the trade-related aspects of competition policy, and industrial policy measures.

Before beginning his tenure at the Office of the U.S. Trade Representative in April 1995, Ron had a fellowship in the Department of Commerce’s Office of Technology Policy, where he advised officials on the interaction and relationship between U.S. trade and technology policies. He also held several previous positions in the Commerce Department’s Import Administration, where he was a key member of the U.S. negotiating teams to the GATT Uruguay Round negotiations on subsidies and antidumping practices and worked extensively with Executive Branch and Congressional staff on the development of U.S. implementing legislation following the Uruguay Round’s completion.

Ron’s service in government was recognized with numerous awards, including the prestigious Presidential Rank Award, the Department of Commerce’s Stephen C. Kaminski Memorial Award, the U.S. Trade Representative Office’s Kelly Award, and numerous Gold Medal, Silver Medal, and Bronze Medal awards within the Department of Commerce.

Warren Maruyama practices law at Hogan Lovells focusing on U.S. trade policy, law, and legislation, and WTO and NAFTA disputes. He works with companies, industries, and trade associations on developing and executing strategies to address market access and regulatory barriers. He has successfully litigated antidumping and countervailing duty, Section 337, GSP, Section 201, and Section 301 investigations before the Office of the U.S. Trade Representative, Commerce Department, and U.S. International Trade Commission (ITC).

From 2007 to 2009, Warren served as General Counsel of the Office of the U.S. Trade Representative (USTR). During this period, USTR launched 10 WTO and bilateral enforcement actions challenging foreign trade barriers, including major WTO challenges involving China and the European Union, and successfully resolved 95 percent of its offensive WTO cases. As Acting Deputy U.S. Trade Representative for China in 2008, Warren coordinated USTR’s role in the U.S.-China Strategic Economic Dialogue (SED) and helped lead the U.S.-China Joint Commission on Commerce and Trade (JCCT).

Warren was a partner in Hogan & Hartson’s International Trade Group from 1993 to 2006. He served as Associate Director and Deputy Associate Director of the White House Office of Policy Development from 1989-1992, helping develop the Bush Administration’s major trade policy initiatives, including Super 301, NAFTA, Uruguay Round, Steel Trade Liberalization, and Enterprise for the Americas. He was an Associate General Counsel at USTR from 1983-1989. His first job in government was as an Attorney-Advisor at the U.S. International Trade Commission.

Terence Stewart now retired, was the managing partner of the Law Offices of Stewart and Stewart from 1986-August 2019. Mr. Stewart has a BA from the College of the Holy Cross, an MBA from Harvard University, and an LLM from Georgetown University Law School. He was an adjunct professor at Georgetown Law from 1995-2012 teaching courses on the GATT and the WTO. Mr. Stewart’s practice focused on international trade, notably trade remedies, WTO and FTA negotiations, and dispute settlement. Among his publications (editor and/or author) is The GATT Uruguay Round: A Negotiating History (1986-1992)(Vols. I-III); The End Game (Part I)(Vol. IV); Opportunities and Obligations: New Perspectives on Global and U.S. Trade Policy, dozens of articles and posts on various WTO, FTA and trade remedy issues. He has been a frequent speaker on WTO matters including on the future of the WTO dispute settlement system.

Mr. Stewart is a former President of the Federal Circuit Bar Association. He has served as President of the Customs and International Trade Bar Association, been a member of the U.S Court of Appeals for the Federal Circuits’s Advisory Council as well as a past Chairman of the U.S Court of International Trade Rule Committee. He also received an honorary Doctorate from the Ukranian Academy of Foreign Trade and an honorary Doctorate of political science from the Russian Academy of Sciences. In 2009 he was awarded the Order of Merit of the 3rd Degree by the government of Ukraine.