Faculty in the News

CONTACT
tomerbroude@gmail.com
(434) 243-1819
Room WB386

ASSISTANT
Delores Clatterbuck


Tomer Broude

Sylvan M. Cohen Chair and Vice-Dean, Faculty of Law and Department of International Relations, Hebrew University of Jerusalem
S.J.D., University of Toronto Faculty of Law, 2004
B.A., LL.B, Hebrew University of Jerusalem, 1996

Tomer Broude specializes in public international law and international economic law, particularly international trade and investment, human rights, dispute settlement, development and cultural diversity. He is currently working on a book project on Behavioral Economics and International Law, to be published by Oxford University Press in 2016 (co-authored with Anne van Aaken).

He is the author and editor of several books as well as numerous articles that have appeared in publications such as the University of Pennsylvania Law Review, Vanderbilt Law Review, Virginia Journal of International Law, Journal of World Trade, World Trade Review, Journal of International Economic Law, Columbia Journal of Transnational Law, Journal of World Intellectual Property, Goettingen Journal of International Law and the Georgetown Immigration Law Journal.

During 2007-09, he served as co-chair of the International Economic Law Interest Group of the American Society of International Law. He is one of the founders of the Society of International Economic Law and a member of its executive council. He was a member of the International Law Association's Committee on the Law of Sustainable Development. In 2011, following a nomination by the Israeli Government, the WTO’s Dispute Settlement Body added him to the indicative list of governmental and nongovernmental panelists to hear WTO disputes. In 2013 he was appointed to the list of Israeli arbitrators under the Israel-MERCOSUR Free Trade Agreement. He has also worked with the WTO's Institute for Training and Technical Cooperation, training government officials from Central and Eastern Europe and Central Asia in WTO law, and he regularly consults governments, corporations and nongovernmental organizations.


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Doctoral Dissertation:

Judicial Boundedness, Political Capitulation: The Dialectic of International Governance in the World Trade Organization, Supervisor: Prof. Michael J. Trebilcock, Awarded March, 2004.

Books Authored:

International Governance in the World Trade Organization: Judicial Boundaries and Political Capitulation (London: Cameron and May, 2004).

Books Edited:

Law and Development Perspective on International Trade Law (Cambridge: Cambridge University Press, 2011) (ed. with Y.S. Lee. Won-Mog Choi and Gary Horlick).

The Politics of International Economic Law (Cambridge: Cambridge University Press, 2011)(ed. With Marc L. Busch and Amelia Porges).

Multi-Sourced Equivalent Norms in International Law (Oxford: Hart Publishing, 2010) (ed. with Y. Shany).

The Shifting Allocation of Authority in International Law: Considering Sovereignty, Supremacy, and Subsidiarity (Oxford: Hart Publishing, 2008) (ed. with Y. Shany).

Trade as the Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives (Washington, DC: American Society of International Law, 2006) (ed. with Padideh Ala'i and Colin B. Picker).

The Role of International Trade in the Promotion of Regional Peace (Jerusalem, Davis Institute for International Relations, 2005) (ed. with A.M. Kacowicz)(in Hebrew).

Chapters in Collections:

Institutional Aspects of International Trade Law, Vol. I, The Library of Essays on International Trade Law and Policy (ed. with Michelle Ratton Sanchez Badin) (Ashgate, 2013).

“From Seattle to 'Occupy': Trade, Human Rights and the Shifting Focus of Social Protest” in Daniel Drache and Les Jacobs, eds., The Changing Global Landscape for International Trade and Human Rights Linkages (forthcoming)(Oxford: Routledge, 2013).

“Investment and Trade: The "Lottie and Lisa" of International Economic Law?” in Pierre Sauvé and Roberto Echandi, eds., Prospects in International Investment Law and Policy (forthcoming)(Cambridge: Cambridge University Press, 2012).

“Interactions between Subsidies Regulation and Foreign Investment, and the Primacy of the International Trade Regime”, in Zdenek Drabek and Petros C. Mavroidis, Regulations of Foreign Investment: Challenges for International Harmonization (World Scientific Studies in International Economics) (Singapore: World Scientific, 2012).

"Development Disputes in International Trade", in, in Y.S. Lee, Tomer Broude, Won-Mog Choi and Gary Horlick, Law and Development Perspective on International Trade Law (Cambridge: Cambridge University Press, 2011).

"The International Law and Policy of Multi-Sourced Equivalent Norms", in Tomer Broude and Yuval Shany, ed., Multisourced Equivalent Norms in International Law (with Yuval Shany)(Hart Publishing: 2011).

"Towards a Relance Arabe? Bilateral and Regional Economic Integration Initiatives in the Middle East and North Africa", in Miroslav Jovanovic, ed., Handbook of Economic Integration (Edward Elgar, 2010).

“Treaty-Making by the State of Israel: From Theory to Practice”, Ch. 3 in Moshe Hirsch et al., Treaty Making Authority in the State of Israel: Critical Analysis and Proposals for Reform (in Hebrew) (Jerusalem: Davis Institute of International Relations, 2008).

“Fragmentation(s) of International Law: Normative Integration as Authority Allocation”, in Tomer Broude and Yuval Shany, Sovereignty, Supremacy, Subsidiarity: The Shifting Allocation of Authority in International Law (Oxford: Hart Publishing, 2008).

“Introduction”, in Tomer Broude and Yuval Shany, Sovereignty, Supremacy, Subsidiarity: The Shifting Allocation of Authority in International Law (Oxford: Hart Publishing, 2008).

“At the End of the Yellow Brick Road: International Economic Law Research in Times of Uncertainty”, in Douglas Arner, Isabella Bunn and Colin B. Picker, International Economic Law: The State and Future of the Discipline (Oxford: Hart, 2008).

“The WTO/GATS Mode 4, International Labour Migration Regimes and Global Justice”, in Roland Pierek and Wouter G. Werner, Cosmopolitanism in Context: Legal and Political Perspectives (Cambridge: Cambridge University Press, 2010).

“Between Pax Mercatoria and Pax Europea: How Trade Dispute Procedures Serve the EC’s Regional Hegemony”, in Paul B. Stephan (ed.), The Economics of European Union Law, (Cheltenham: Edward Elgar, 2007).

“’Judges Shalt Thou Make Thee in All Thy Gates’: Reforming Judicial Office in the WTO Dispute Settlement System”, K. Padmaja (ed.), WTO and Dispute Settlement (Hyderabad: ICFAI University Press, 2007)(reprint).

“Between Pax Mercatoria and Pax Europea: How Trade Dispute Procedures Serve the EC’s Regional Hegemony”, in Padideh Ala'i, Tomer Broude and Colin B. Picker, Trade as the Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives, (Washington, DC: American Society of International Law, 2006).

“Elements of the Principle of Integration in WTO Jurisprudence: Another Look at the Shrimp Cases”, in Report of the 72nd Conference of the International Law Association (London: International Law Association, 2006).

"Trade Dispute Settlement Procedures and Their Impact on Political Relations: A Critical Analysis of the European Union's Regional Trade Agreements", in Tomer Broude and Arie M. Kacowicz, The Role of International Trade in the Promotion of Regional Peace, (Jerusalem, Davis Institute for International Relations, 2005) (in Hebrew).

“International Judicial Bodies as Sources of Normativity: The World Trade Organization Dispute Settlement System in Comparative Perspective”, in Wouter G. Werner and Ige Dekker (eds.), Global Governance and International Legal Theory, (Dordrecht: Kluwer Law International, 2004).

“Capitulations of International Governance in the World Trade Organization: An Alternative Narrative of International Judicialization” in From Government to Governance? The Growing Impact of Non-State Actors on the International and European Legal System, (Dordecht: Kluwer Law International/T.M.C. Asser Institute, 2004).

Articles in Journals:

Behavioral International Law, 163 University of Pennsylvania Law Review (forthcoming, 2015).

The First Condition of Progress? Freedom of Speech and the Limits of International Trade Law, 54(2) Virginia Journal of International Law (2014) 1 (with Holger Hestermeyer).

“US – Anti-dumping Measures on Certain Shrimp from Viet Nam: A Stir-fry of Seafood, Statistics and Lacunae”, World Trade Review (forthcoming) (2013)(With Michael Moore).

“The Constitutional Function of International Tribunals, or Kelsen's Visions Vindicated”, Goettingen Journal of International Law (forthcoming)(2012).

"International Development Disputes", Law and Development Review (2011).

"The Most-Favored Nation Principle, Equal Protection and Migration Policy", Georgetown Immigration Law Journal (2011).

"The Question of Palestinian Observership and Accession to the WTO", 2 European Yearbook of International Economic Law (2010).

"It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression", Journal of World Intellectual Property (2010).

"Regional Economic Integration in the Middle East and North Africa: A Primer", 1 European Yearbook of International Economic Law (2009).

"Insourcing and Outsourcing Crime: The Political Economy of Globalized Criminal Activity", Vanderbilt Law Review (2009)(With Dr. Doron Teichman).

"Parliamentary Involvement in Treaty-Making Processes: How Would the Knesset Behave if its Powers were Expanded?", Law and Business (Interdisciplinary Center Law Review) 2008 (in Hebrew)(with Gil-Ad Noam).

"Principles of Normative Integration and the Allocation of International Authority: The WTO, The Vienna Convention on the Law of Treaties and the Rio Declaration", Loyola University Chicago International Law Review 2009.

“Conflict and Complementarity in Trade, Cultural Diversity and Intellectual Property Rights”, 2(2) Asian Journal of WTO and International Health Law and Policy (September, 2007), reprinted in 6 Andean Yearbook of Intellectual Rights (2010).

“Review Essay: William Easterly, The White Man’s Burden: Why the West’s Efforts to Aid the Rest Have Done So Much Ill and So Little Good”, 10(1) Journal of International Economic Law (2007).

"Genetically Modified Rules: The Awkward Rule-Exception-Right Distinction and EC-Biotech", 6(2) World Trade Review (July 2007).

“The Rule(s) of Trade and the Rhetos of Development: Reflections on the Functional and Aspirational Legitimacy of the WTO" 27(4) Columbia Journal of Transnational Law (November, 2006).

"Taking 'Trade and Culture' Seriously: Geographical Indications and Cultural Protection in WTO Law", 26(4) University of Pennsylvania Journal of International Economic Law (December, 2005).

“The Legitimacy of the Advisory Function of the International Court of Justice in the Shadow of the Wall”, 38(1) Israel Law Review (June, 2005).

“Judges Shalt Thou Make Thee in All Thy Gates”: Reforming Judicial Office in the WTO Dispute Settlement System”, 6(2) Free University of Amsterdam Journal of International and Comparative Law, (June, 2005).

“An Antidumping ‘To Be or Not to Be’: A New Agenda for Research and Reform”, 37(2) Journal of World Trade 305 (April, 2003).

“WTO Accession: Current Issues in the Arab World”, 32(6) Journal of World Trade 147 (December, 1998).

“The Palestinian Council and Accession to the World Trade Organization: Legal Aspects”, Israeli Tax Quarterly (In Hebrew)(April, 1998).

Other Publications:

Final Report of the Committee on the International Law of Sustainable Development, International Law Association, (with Duncan French et al.)(forthcoming, 2012).

Book review: International Economic Law and National Autonomy, edited by Meredith Kolsky Lewis and Susy Frankel, World Trade Review (forthcoming)(2012).

“Explaining the Normative Duality of Trade and Migration Agreements”, 17. “Moral Aspects of International Labor Migration Regimes”, Proceedings of the 105th Annual Meeting of the American Society of International Law (Washington, DC: American Society of international Law, 2012).

Comment on the role of the International Criminal Court on Prevention of International Crimes, UCLA Human Rights and International Criminal Law Online Forum (2011).

"Introduction: Some Observations on the Politics of International Economic Law", in Tomer Broude, Marc L. Busch and Amy Porges, ed., The Politics of International Economic Law, (with co-editors)(Cambridge University Press, 2011).

"The Status of International Law in Domestic Law", Ch. 3 in Robbie Sabel, International Law, 2nd ed. (in Hebrew) (Jerusalem, Sacher Institute, 2010).

"Golden Pastures Entice: Sovereignty and International Economic Law", 65 Parliament (Online, in Hebrew)(2010).

"Book Review: WTO: Technical Barriers and SPS Measures, (Vol. 3 of the Max Planck Commentaries on World Trade Law). Edited by Rüdiger Wolfrum, Peter-Tobias Stoll and Anja Seibert-Fohr", American Journal of International Law.

“Moral Aspects of International Labor Migration Regimes”, Proceedings of the 101st Annual Meeting of the American Society of International Law (Washington, DC: American Society of international Law, 2008).

“Book Review: M. Matsushita, T.J. Schoenbaum and P.C. Mavroidis, The World Trade Organization: Law, Practice and Policy” (2nd ed.), European Journal of International Law.

"Cultural Diversity and the WTO: A Diverse Relationship", American Society of International Law, ASIL Insights, November 21, 2005.

“Culture, Trade and Additional Protection for Geographical Indications", 9(9) Bridges, International Centre for Trade and Sustainable Development, September-October, 2005.

“Book Review: A.F. Lowenfeld, International Economic Law, M. Matsushita, T.J. Schoenbaum and P.C. Mavroidis, The World Trade Organization: Law, Practice and Policy”, Leiden Journal of International Law (June, 2004).

The Special Product Modality: An Evaluation, International Lawyers and Economists Against Poverty (ILEAP), Discussion Paper, November, 2004 (with Nicola Loffler).

“Freedom of Movement for Third-Country Nationals in the European Union: Towards full Integration?”, Helmut Kohl Institute for European Studies Working Paper 15/99, Hebrew University of Jerusalem, February, December 1999.

“Legal Aspects of the Integration of the Arab World in the World Trading System: Lessons from the Experience of East and Central Europe”, Helmut Kohl Institute for European Studies Working Paper 8/97, Hebrew University of Jerusalem, December 1997.

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