Risk, Science and Law in International Governance
Chicago-Kent College of Law, in cooperation with the American Society of International Law's International Economic Law Interest Group and Kim & Chang, presents:
Risk, Science and Law in International Governance
Date: December 5, 2009 (Saturday)
Venue: Chicago-Kent College of Law
Illinois Institute of Technology
565 West Adams St.
Chicago, IL 60661-3691
Program Schedule
Saturday, December 5, 2009
8:30 am-9:00 am (Lobby)
Registration9:00 am-9:10 am
Welcome
Sarah Harding
Associate Dean, Chicago-Kent College of Law
Gregory Shaffer
Co-Chair, International Economic Law Interest Group, American Society of International Law
9:10-10:40 am
Panel I: Risk Science and International Trade
This session will provide an analysis of the current case law of the World Trade Organization on the connection between international trade and human health risks. Discussion issues include:
The WTO Hormones decision
The effectiveness of health measures and appropriate levels of protection
Risk assessment under WTO law
Gregory Shaffer, University of Minnesota Law School (Chair)
Warren Maruyama, Horgan & Hartson (“The WTO SPS Agreement: Ten Years after the Hormones Decision”)
Jeffrey Atik, Loyola Law School (LA) (“The Effectiveness of Health Measures and Appropriate Levels of Protection”)
Alberto Alemanno, Ecole des Hautes Etudes Commerciales,
Paris (“Risk Assessment under WTO Law: Workable Requirement or Probatio Diabolica?”)
10:40-11:00 am
Break
11:00 am-12:00 pm
Panel II: At the Edge of Risk Science
This session will provide provocative discussion of the interplay of risk science under international environmental law and the WTO norms. Discussion topics include:
Interpretation of scientific evidence
Precautionary principle and the WTO law
Dan Tarlock, Chicago-Kent College of Law (Chair)
Sungjoon Cho, Chicago-Kent College of Law (“Science, Hermeneutics and International Law”)
Markus Wagner, University of Miami School of Law (“Taking Interdependence Seriously: The Need for a Reassessment of the Precautionary Principle in International Trade Law”)
12:00 pm-1:00 pm
Lunch
1:00-2:30 pm
Panel III: Risk Science and International Governance
This session will review sophisticated regulatory arrangements involving both international organizations and self-regulatory regimes. Topics include:
Standards of review in the WTO tribunal
Delegation of risk regulation to private parties
Regulating risks through online networks
Claire Kelly, Brooklyn Law School (Chair)
Tracey Epps, University of Otago, New Zealand (“To Defer or Not to Defer? Has the Appellate Body Resolved the Issue of an Appropriate Standard of Review in SPS Cases?”)
Adam Muchmore, University of Chicago Law School (“Delegating Risk Regulation”)
Jennifer Shkabatur, Harvard Law School (“Fighting Global Risks through Online Networks”)
2:30 pm-3:00 pm
Break
3:00 pm-4:30 pm
Panel IV: New Challenges and New Ideas
This session will highlight the emerging challenges in the relationship between international trade and human health regulation as well as suggest innovative institutional solutions to tackle those challenges. Issues for discussion include:
The “necessity” test under GATT Article XX
Risk assessment and international investment law
Political challenges in the SPS Agreement
Jason Yackee, University of Wisconsin (Madison) Law School (Chair)
Benn McGrady, Georgetown University Law Center (“Chains of Causation and Necessity under Article XX of the GATT”)
Justin Jacinto & Rahim Moloo, White & Case (“Science and the Assessment of Legitimate Government Regulation in International Investment Law”)
Christopher Thomas, University of Cambridge (“Rationalising Politics: Science, Conflict, and the SPS Agreement”)
4:30 pm-5:00 pm
Conclusion: Questions and Answers
* We regret that CLE credits are not available for this conference.