Joel P Trachtman
Biographic Data
| ID | 958169 |
|---|---|
| NAME | Joel P Trachtman |
| GIVEN NAMES | Joel P |
| FAMILY NAME | Trachtman |
| SIGNATURE | TRACHTMAN J P |
| AFFILIATIONS | Tufts University |
| VERIFIED | No |
| TOTAL WORKS | 21 |
| TOTAL CITATIONS | 45 |
| AUTHOR COUNT | 20 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1976 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 5 |
Defeating Disinformation: Digital Platform Responsibility, Regulation and Content Moderation on the Global Technological Commons
Global platforms present novel challenges. They are powerful conduits of commerce and global community, and their potential to influence behavior is enormous. Defeating Disinformation explores how to balance free speech and dangerous online content to reduce societal risks of digital platforms. The volume offers an interdisciplinary approach, drawing upon insights from different geographies and parallel challenges of managing global phenomena wit…
Diagonal Export Controls to Counter Diagonal Transnational Attacks on Civil Society
Modern geopolitics includes measures short of armed conflict designed to control decision-making in, and action by, target states. One increasingly significant category of these measures involves attacks by foreign states against civil society institutions in target states. Liberal states that seek to protect their civil societies from this interference seek to bolster civil society defences, to determine the origin of and respond to attacks and …
Trade
This chapter discusses the functions of international organizations for trade and the corresponding structures. It focuses on the structure of the World Trade Organization (WTO). It begins by describing the functions of the law of international trade, and explains how international organizations may be designed to advance these functions. It then explains the organizational structure of the WTO, which responds to its functions as a facilitator of…
Is Migration a Coherent Field of International Law? The Example of Labor Migration
A critical characteristic of migration is that it involves people in all their complexity, and with all their complex needs. Therefore, migration, perhaps more than any other field of international law, is difficult to separate as a body of law from human rights, trade, taxation, investment, health, security, etc. In this brief essay, I will describe two critical, and distinct, linkages that prevent us from cabining migration as a separate field.…
The WTO Seal Products Case: Doctrinal and Normative Confusion
The negotiators and drafters of the Agreement establishing the World Trade Organization(WTO), which includes the General Agreement on Tariffs and Trade 1947(GATT) and the Agreement on Technical Barriers to Trade(TBT), as well as other subagreements dealing with domestic regulation, such as the Agreement on Sanitary and Phytosanitary Measures(SPS), did not do a great job of doctrinal integration among the different documents that comprise the WTO …
Reports of the Death of Treaty Are Premature, but Customary International Law May Have Outlived Its Usefulness
Legal rules come and go. Methods of producing law may also flow and ebb. The authors of the call for papers in connection with this online Agora suggest that there is possible evidence that treaty as a method of producing international law is ebbing, and may be dying. I see no such evidence at present; rather, I argue here that the dying source of international law is not treaty but custom. In the more distant future, however, treaty, too, may be…
Rational Choice and Deliberation
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The International Law of Economic Migration: Toward the Fourth Freedom
This volume examines the welfare economics, political economy, and legal experience in international economic migration, and on the basis of its analysis, suggests the structure of a multilateral framework agreement on international economic migration
Eric A. Posner. The Perils of Global Legalism
Embedding mutual recognition at the WTO
Mutual recognition is a useful tool for international liberalization in particular contexts. However, it poses two important types of risk. First, it could jeopardize a satisfactory level of prudential regulation. In order to address these risks, mutual recognition should be limited to initiatives that can be supported by satisfactory essential harmonization that can protect a satisfactory level of prudential regulation. Second, mutual recognitio…
The Constitutions of the WTO
Constitutions have many dimensions. These dimensions include at least the following: an economic constitution in the sense of a set of rules for transactions in and institutionalization of authority; an interfunctional constitution that allows for the integration of various social values; a political constitution that reflects the cultural and democratic integrity of a group of people; a legal and judicial constitution that provides rules for the…
Decisions of the Appellate Body of the World Trade Organization
The Customary International Law Game
Customary international law (CIL) is under attack as behaviorally epiphenomenal and doctrinally incoherent. In this article, we reject both claims. To be sure, CIL is a feat of levitation; it rests not on a rock-solid natural law basis of divine principles, but on a fabric of rational acts, woven through a multiplicity of relations over time. And while there are limits on, and variations in, the effectiveness of CIL, we argue that there are circu…
United States: Measures Affecting the Cross-Border Supply of Betting and Gambling Services. WT/DS285/AB/R
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Institutional Linkage: Transcending “Trade and …”
“Trade and ... ” linkages arise when nontrade issues are linked to trade. Thus, if the United States declines to trade with Myanmar until it complies with certain human rights or democracy standards, this is a “trade and ... ” linkage. All “trade and ... ” linkages are constructed, in the sense that the decision to link trade to other issues is always a political decision and is not otherwise determined by the nature of things. Governments link t…
Decisions of the Appellate Body of the World Trade Organization
WTO Appellate Body Report: Guatemala–Anti-Dumping Investigation Regarding Portland Cement from Mexico, AB-1998–6, WT/DS60/AB/R (98–4190), adopted by Dispute Settlement Body, 25 November 1998. Guatemala, Appellant; Mexico, Appellee; United States, Third Participant. Division: Lacarte-Muro, Beeby and El-Naggar. Major topics addressed by Appellate Body: relationship of DSU to Anti-Dumping Agreement; requirements for commencement of panel proceedings
Decision of the appellate body of the World Trade Organization
The Law and Economics of Humanitarian Law Violations in Internal Conflict
The problem of criminal responsibility for human rights atrocities committed in internal conflict provides an appropriate vehicle for examining various theoretical and methodological approaches to international law. The issues raised include the following: Does international law provide for individual criminal responsibility for such acts? How best can these atrocities be prevented? Should international law address these matters or are they bette…
Trade and… Problems, Cost-Benefit Analysis and Subsidiarity
This article analyses the conflict between trade values and other values (‘trade and ... problems’), such as environmental protection, labour rights or free competition, as it is addressed by the princlpal legal devices available to address such conflicts (‘trade-off devices’) in the dispute resolution context in the European Union, the GATT/World Trade Organization system and in the United States federal system. These trade-off devices include a…
Dow Chemical Co. v. Castro Alfaro
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The South-West Africa Cases and the Development of International Law
Embedding mutual recognition at the WTO
Mutual recognition is a useful tool for international liberalization in particular contexts. However, it poses two important types of risk. First, it could jeopardize a satisfactory level of prudential regulation. In order to address these risks, mutual recognition should be limited to initiatives that can be supported by satisfactory essential harmonization that can protect a satisfactory level of prudential regulation. Second, mutual recognitio…
The Customary International Law Game
Customary international law (CIL) is under attack as behaviorally epiphenomenal and doctrinally incoherent. In this article, we reject both claims. To be sure, CIL is a feat of levitation; it rests not on a rock-solid natural law basis of divine principles, but on a fabric of rational acts, woven through a multiplicity of relations over time. And while there are limits on, and variations in, the effectiveness of CIL, we argue that there are circu…
The Constitutions of the WTO
Constitutions have many dimensions. These dimensions include at least the following: an economic constitution in the sense of a set of rules for transactions in and institutionalization of authority; an interfunctional constitution that allows for the integration of various social values; a political constitution that reflects the cultural and democratic integrity of a group of people; a legal and judicial constitution that provides rules for the…
Institutional Linkage: Transcending “Trade and …”
“Trade and ... ” linkages arise when nontrade issues are linked to trade. Thus, if the United States declines to trade with Myanmar until it complies with certain human rights or democracy standards, this is a “trade and ... ” linkage. All “trade and ... ” linkages are constructed, in the sense that the decision to link trade to other issues is always a political decision and is not otherwise determined by the nature of things. Governments link t…
The Law and Economics of Humanitarian Law Violations in Internal Conflict
The problem of criminal responsibility for human rights atrocities committed in internal conflict provides an appropriate vehicle for examining various theoretical and methodological approaches to international law. The issues raised include the following: Does international law provide for individual criminal responsibility for such acts? How best can these atrocities be prevented? Should international law address these matters or are they bette…
Decisions of the Appellate Body of the World Trade Organization
United States: Measures Affecting the Cross-Border Supply of Betting and Gambling Services. WT/DS285/AB/R
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The South-West Africa Cases and the Development of International Law
Dow Chemical Co. v. Castro Alfaro
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Trade and… Problems, Cost-Benefit Analysis and Subsidiarity
This article analyses the conflict between trade values and other values (‘trade and ... problems’), such as environmental protection, labour rights or free competition, as it is addressed by the princlpal legal devices available to address such conflicts (‘trade-off devices’) in the dispute resolution context in the European Union, the GATT/World Trade Organization system and in the United States federal system. These trade-off devices include a…
The Law and Economics of Humanitarian Law Violations in Internal Conflict
The problem of criminal responsibility for human rights atrocities committed in internal conflict provides an appropriate vehicle for examining various theoretical and methodological approaches to international law. The issues raised include the following: Does international law provide for individual criminal responsibility for such acts? How best can these atrocities be prevented? Should international law address these matters or are they bette…
Decision of the appellate body of the World Trade Organization
Decisions of the Appellate Body of the World Trade Organization
WTO Appellate Body Report: Guatemala–Anti-Dumping Investigation Regarding Portland Cement from Mexico, AB-1998–6, WT/DS60/AB/R (98–4190), adopted by Dispute Settlement Body, 25 November 1998. Guatemala, Appellant; Mexico, Appellee; United States, Third Participant. Division: Lacarte-Muro, Beeby and El-Naggar. Major topics addressed by Appellate Body: relationship of DSU to Anti-Dumping Agreement; requirements for commencement of panel proceedings
Institutional Linkage: Transcending “Trade and …”
“Trade and ... ” linkages arise when nontrade issues are linked to trade. Thus, if the United States declines to trade with Myanmar until it complies with certain human rights or democracy standards, this is a “trade and ... ” linkage. All “trade and ... ” linkages are constructed, in the sense that the decision to link trade to other issues is always a political decision and is not otherwise determined by the nature of things. Governments link t…
Decisions of the Appellate Body of the World Trade Organization
The Customary International Law Game
Customary international law (CIL) is under attack as behaviorally epiphenomenal and doctrinally incoherent. In this article, we reject both claims. To be sure, CIL is a feat of levitation; it rests not on a rock-solid natural law basis of divine principles, but on a fabric of rational acts, woven through a multiplicity of relations over time. And while there are limits on, and variations in, the effectiveness of CIL, we argue that there are circu…
United States: Measures Affecting the Cross-Border Supply of Betting and Gambling Services. WT/DS285/AB/R
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Constitutions of the WTO
Constitutions have many dimensions. These dimensions include at least the following: an economic constitution in the sense of a set of rules for transactions in and institutionalization of authority; an interfunctional constitution that allows for the integration of various social values; a political constitution that reflects the cultural and democratic integrity of a group of people; a legal and judicial constitution that provides rules for the…
Embedding mutual recognition at the WTO
Mutual recognition is a useful tool for international liberalization in particular contexts. However, it poses two important types of risk. First, it could jeopardize a satisfactory level of prudential regulation. In order to address these risks, mutual recognition should be limited to initiatives that can be supported by satisfactory essential harmonization that can protect a satisfactory level of prudential regulation. Second, mutual recognitio…
Rational Choice and Deliberation
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The International Law of Economic Migration: Toward the Fourth Freedom
This volume examines the welfare economics, political economy, and legal experience in international economic migration, and on the basis of its analysis, suggests the structure of a multilateral framework agreement on international economic migration
Eric A. Posner. The Perils of Global Legalism
The WTO Seal Products Case: Doctrinal and Normative Confusion
The negotiators and drafters of the Agreement establishing the World Trade Organization(WTO), which includes the General Agreement on Tariffs and Trade 1947(GATT) and the Agreement on Technical Barriers to Trade(TBT), as well as other subagreements dealing with domestic regulation, such as the Agreement on Sanitary and Phytosanitary Measures(SPS), did not do a great job of doctrinal integration among the different documents that comprise the WTO …
Reports of the Death of Treaty Are Premature, but Customary International Law May Have Outlived Its Usefulness
Legal rules come and go. Methods of producing law may also flow and ebb. The authors of the call for papers in connection with this online Agora suggest that there is possible evidence that treaty as a method of producing international law is ebbing, and may be dying. I see no such evidence at present; rather, I argue here that the dying source of international law is not treaty but custom. In the more distant future, however, treaty, too, may be…
Trade
This chapter discusses the functions of international organizations for trade and the corresponding structures. It focuses on the structure of the World Trade Organization (WTO). It begins by describing the functions of the law of international trade, and explains how international organizations may be designed to advance these functions. It then explains the organizational structure of the WTO, which responds to its functions as a facilitator of…
Is Migration a Coherent Field of International Law? The Example of Labor Migration
A critical characteristic of migration is that it involves people in all their complexity, and with all their complex needs. Therefore, migration, perhaps more than any other field of international law, is difficult to separate as a body of law from human rights, trade, taxation, investment, health, security, etc. In this brief essay, I will describe two critical, and distinct, linkages that prevent us from cabining migration as a separate field.…
Diagonal Export Controls to Counter Diagonal Transnational Attacks on Civil Society
Modern geopolitics includes measures short of armed conflict designed to control decision-making in, and action by, target states. One increasingly significant category of these measures involves attacks by foreign states against civil society institutions in target states. Liberal states that seek to protect their civil societies from this interference seek to bolster civil society defences, to determine the origin of and respond to attacks and …
Defeating Disinformation: Digital Platform Responsibility, Regulation and Content Moderation on the Global Technological Commons
Global platforms present novel challenges. They are powerful conduits of commerce and global community, and their potential to influence behavior is enormous. Defeating Disinformation explores how to balance free speech and dangerous online content to reduce societal risks of digital platforms. The volume offers an interdisciplinary approach, drawing upon insights from different geographies and parallel challenges of managing global phenomena wit…
Political science (19 works) · Law (11 works) · World Trade Organization Law (10 works) · International trade (9 works) · Law (9 works) · Law and economics (9 works) · Business (7 works) · Economics (6 works) · International Arbitration and Investment Law (6 works) · Politics (6 works)