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Today’s post in our Faculty Spotlight series comes from Joel P. Trachtman, Professor of International Law, who describes his special perspective on his field. Prof. Trachtman currently teaches International Law in International Relations, International Business Transactions, International Investment Law, International Financial and Fiscal Law, and Legal and Institutional Aspects of International Trade.
I first became interested in international law in 1975, when, as a student at the London School of Economics, I had the opportunity to study with Rosalyn Higgins, who later served as a judge on the World Court. After my undergraduate studies, I studied international law and then practiced for nine years in New York and in Hong Kong before joining the Fletcher faculty.
It is great to be a law professor at Fletcher, where law is one of several areas of international public policy study. While the disciplines of history and political science specialize in the study of how and why governments take particular actions, and economics specializes in the study of the consequences of government and private sector actions, law specializes in the implementation and interaction of government policies, and in how businesses interact with governments.
My research has two streams: (i) economic analysis of international law and (ii) international trade law.
First, I have been one of the early adopters of economic methods in the study of international law. The field of law and economics has revolutionized legal study during the past 30 years, but it took a bit longer to get to international law. My 2008 book, The Economic Structure of International Law (Harvard University Press), explored and consolidated some of the ways in which economic analysis helps us to understand the causes and effects of international legal rules, using tools from price theory, public choice, transaction cost economics, and game theory. I’ve been at Fletcher since 1989, and have now been thoroughly Fletcher-ized, so as to see international public policy and business problems as multidimensional issues, requiring interdisciplinary analysis. My 2013 book, The Future of International Law: Global Government (Cambridge University Press), extended this way of thinking to look at changes in globalization, democratization, demography, and technology in order to suggest the ways that these changes would result in increasing demands for international legal solutions to international cooperation problems. That book won the International Studies Association’s prize for best book on international law for 2013.
By placing international law in a social scientific context, I am able to explain it better, and critique it better, in the classroom. Traditional legal analysis and scholarship looks only for consistency and internal logic. A social science-based legal scholarship examines more broadly the links between social ends and legal means, and demands intellectual rigor in critiquing legal rules. For example, my courses in international trade law and international investment law begin with a careful analysis of the economics and political economy, and an analysis of the economic and political roles of law, in these fields.
My second stream of research is international trade law. This is an area of international law in which economics and politics are extremely important. One focus of my work within international trade law has been on the relationship between trade liberalization and national regulatory autonomy. This is the central issue of globalization: how can we attain greater integration for efficiency, while maintaining the maximum ability to achieve local public policy goals? I recently wrote a short paper on this topic for inclusion in a book of recommendations for trade ministries on how to proceed in WTO negotiations after the December 2013 Bali Ministerial Conference and the rather modest agreement it produced. My paper was entitled “Unleashing Recognition in International Trade,” and was included in an e-book entitled Building on Bali: A Work Programme for the WTO, edited by Simon Evenett and Alejandro Jara, former deputy director-general of the World Trade Organization.
I enjoy making the tools of legal analysis and argument available to Fletcher students, and showing how these tools complement and incorporate social scientific and historical argumentation. Based on my experience revealing and explaining these analytical tools and arguments to students at Fletcher for the past 25 years, I recently published a book that succinctly explains how lawyers analyze and argue. It is entitled The Tools of Argument: How the Best Lawyers Think, Argue, and Win.
Our next profile by a Fletcher professor comes from Alex de Waal, who is Executive Director of the World Peace Foundation and a Research Professor at the Fletcher School. In addition to directing the World Peace Foundation, Prof. de Waal currently teaches Conflict in Africa.
An occupational hazard of my job as Executive Director of the World Peace Foundation is that, when I introduce myself, people tend to snicker. In the twenty-first century, apparently, advocates of “world peace” seem to be beauty queens or practitioners of levitation. It wasn’t always so. A hundred years ago, when the World Peace Foundation was established, there was a strong movement for world peace, in America and many other countries. It was perfectly respectable for political leaders to espouse resolving all disputes between nations by negotiation and law, not by force. Fifty years ago, in his commencement address to the American University, President John F. Kennedy chose the theme of world peace, “a topic on which ignorance too often abounds and the truth is too rarely perceived — yet it is the most important topic on earth.” Our goal at the World Peace Foundation is to make world peace once again a regular topic of public discourse, and an accepted goal of public policy.
I came to the World Peace Foundation after twenty-five years of working as a reflective practitioner, mostly in Africa. I was an advocate for and critic of humanitarian action in famine, an exponent of human rights but a critic of some of the activities pursued in the name of human rights, and most recently an advisor to mediation efforts in Sudan. I was recurrently troubled by the way in which many international efforts to end suffering and promote human wellbeing ended up having unintended and adverse consequences. And I was determined that critically analytic social science, grounded in the lived realities of people in these difficult places, could help remedy these shortcomings.
Political leaders and senior officials in governments and international agencies are rarely critical thinkers — they are simply too busy responding to the next problem to be reflective, analytical and creative. Some years ago, I began to suspect that the key to solving the most intractable public policy problems is not to influence decision makers — who will adjust their actions only at the margin anyway — but to invest in building intellectual capital among young professionals and students, who will go on to change the world. And in turn, I realized that the best way to attract the best students to the problems that concerned me, such as war and famine, is to make these subjects intellectually challenging — to fasten onto the most fascinating debates and dilemmas, and to have the courage of theorizing a complicated reality.
The World Peace Foundation and I joined The Fletcher School at the same time, in 2011. In my twin roles as foundation director and professor, I have been trying to put this philosophy into practice. I teach a class, “Conflict in Africa,” in which I try to make the subject intellectually exciting as well as relevant to the real issues of the day. (For better or worse, the case studies I select seem to hit the news just as they come up in the class schedule.) I also continue with my work as a practitioner, especially with the African Union’s peace and security initiatives. The World Peace Foundation, meanwhile, has a growing array of research and advocacy topics, including the “how mass atrocities end” program (led by WPF Research Director, Prof. Bridget Conley-Zilkic), our “African peace archive” that documents the inner workings of mediation processes, research on the “political marketplace” and “political entrepreneurship,” and a new project on corruption and the global arms business. I see this all as a contribution to making it possible to talk seriously about peace, not just in specific places, but in the whole world.
The next post in our Faculty Spotlight series comes from Miguel E. Basáñez, adjunct professor and director of the Judiciary Reform Program, who describes his path to Fletcher. Prof. Basáñez currently teaches Culture, Human Values and Development, in addition to directing the Judiciary Reform Program, which is generally offered in the summer.
Prospective Fletcher students are nearly always afflicted with a severe case of wanderlust, and have usually racked up an impressive record of traveling, working, and studying abroad. As such, I’m sure that all of you have experienced the collision of different values, beliefs, and ways of life that we call “culture shock.” My own experiences with culture shock — primarily as a Mexican graduate student in Great Britain in the 1970s — were so powerful that they never left me, and indeed inspired me to make the study of cultural values the basis of my academic career.
After many years in government and running my own public polling firm, I came to Fletcher, where I research human values and teach the seminar “Culture, Human Values and Development.” In my course, we seek to answer some of the deepest questions around culture: Is it even possible to talk about national cultures? How can cultures be studied and measured? How do particular cultural traits impact the development of economic, political, and social systems? Should policymakers seek to influence people’s values and beliefs, and if so, how can it be done? Fletcher’s great diversity is a huge advantage in these discussions, as even in a small seminar we usually have students from many different parts of the world, and they bring new and valuable perspectives to the conversation. In fact, sometimes I think I’ve learned more from my students than they have from me!
As an outgrowth of my work on culture, I’ve also started to do work on judicial reform, since a country’s legal system is both a cause and a consequence of its culture. I currently direct the Fletcher Judiciary Reform Program, which brings policymakers and professionals to our school for executive training programs on how best to manage the transition from an inquisitorial to an adversarial justice system. To date, we have trained almost 200 Mexican professionals, judges, and lawyers in week-long crash courses in comparative law. In addition, the program does research and puts on events related to security, rule of law, and prosperity in Latin America, such as immigration reform and promotion of innovation.
There are opportunities for Fletcher students to be involved with each of these programs, and I continue to be impressed by their dedication, intelligence, and intellectual curiosity. Fletcher students have so much to offer, and mentoring them is one of the best parts of my work.
In the second Faculty Spotlight post, Michael Glennon, professor of international law, describes the origins of his interest in international relations and how it has developed at Fletcher. Prof. Glennon currently teaches The International Legal Order, Public International Law, and Foreign Relations and National Security Law.
My interest in international law and relations was probably sparked long ago by the Vietnam War. I interned for three summers for a member of Congress who was a leading critic of the war, and afterwards, arguments in law school about the scope of the presidential war power convinced me that this was an area in which I wanted to work. Most of what I’ve done professionally has related in one way or another to seeking to understand how the use of force can be subjected to the rule of law.
I’ve found, at Fletcher, the ideal place to continue that study. In the end, this question is not purely legal — it raises interdisciplinary issues that fall within the expertise of numerous Fletcher students and faculty colleagues. Virtually all my written work has benefited from their advice and counsel — and in the case of students, from their research assistance. Fletcher students make for a great sounding board. An article I’ve just completed on national security law benefited hugely from comments conveyed over pizza by a group of students. They were thorough, insightful, worldly-wise and candid — just the reality check that every author needs before committing to print. Recent congressional testimony turned into an article co-authored jointly with my Fletcher research assistant.
When I first arrived at Fletcher ten years ago, a colleague pointed out that no matter what an instructor talks about in class, there’s almost always a student in the room who knows more about it. I’ve found that it’s the rare class that doesn’t produce some insight that ultimately influences my own thinking. It’s this synergy between faculty and students, striving together to understand, that energizes Fletcher’s intellectual community. It’s enriching to be a part of it.
In the first of our new series of posts by members of the faculty, Michael Klein, William L. Clayton Professor of International Economic Affairs, tells us about his experience at the U.S. Treasury and how it has shaped his teaching and scholarship since he returned. Prof. Klein currently teaches International Finance, International Economic Policy Analysis, Finance, Growth and Business Cycles, and Quantitative Methods.
In March 2010 I received, completely by surprise, an email from the Assistant Secretary for International Affairs at the U.S. Treasury asking me whether I would be interested in serving as Chief Economist in the Office of International Affairs. This was a novel opportunity for me. I had served as a visiting scholar at a number of institutions (the International Monetary Fund, the Board of Governors of the Federal Reserve, and the Federal Reserve Banks of Boston, New York, and San Francisco), but had spent my entire career in academia. I was excited by the prospect of using the skills and knowledge that I have developed through teaching and scholarship in a government position. I was also curious to see how policy was developed and executed. And, not inconsequentially, I was happy and proud to serve my country.
The eighteen months that I spent at Treasury were a very exciting time; it was a period during which there was a halting recovery from the Great Recession in the United States, a re-evaluation of the international monetary system (especially with regards to the use of capital controls), an on-going crisis in the euro-area, and international tensions over exchange rates (during this time, the Finance Minister of Brazil declared that the United States was engaged in “currency wars” and there was continuing controversy about the renminbi/dollar exchange rate). I analyzed these issues, as well as many others, writing memos that drew on my research and teaching experience. I also participated in high-level meetings with officials from other countries. My time at Treasury was one of the high marks of my professional career.
Since returning to Fletcher in the autumn of 2012, I have been able to draw on my experiences at Treasury in a variety of ways. I developed a new course, International Economic Policy Analysis, which teaches students to use economics and statistical skills and frameworks in a practical policy setting. My teaching in two other courses, International Finance and Finance, Growth and Business Cycles, has been enriched by my interaction with policy and experiences in government. And the trajectory of my research was also influenced by my time at Treasury; over the past two years, I have focused on the topic of capital controls, a subject that I became interested in while working in Washington. My research on this topic now includes a 2012 article for the Brookings Papers on Economic Activity, another article that was presented at the IMF’s Annual Research Conference in November 2013 and will be published in the IMF’s flagship research journal, and a third that is currently under review.
Like other Fletcher faculty members, I am able to draw on scholarship as well as policy experience to provide students with an education that is both deeply informed by theory and scholarship and well-grounded in practical, real-world experience and concerns.
Throughout the years, I’ve asked Fletcher professors to contribute to the blog in many, mostly minor, ways. For example, they’ve provided reading recommendations, both books related to their classes and, occasionally, lighter selections. They’ve also been good sports when we have cornered them in the Hall of Flags. And other times, without asking them to put in any effort, I’ve written about their work.
Last November, I contacted faculty members with a request — an assignment, if we’re being honest about it. I asked them to write a short post on one of several topics designed to tell readers more about the professors’ interests. Those who have written so far have done exactly what I would have hoped, which is to approach the topics from many different angles. I have the first of the posts, by Prof. Michael Klein, set to run tomorrow, and I’ll plan one or two each week through the next few months. I hope you’ll agree that, added together, the new series shines the spotlight on a diverse and interesting collection of people.
This information can be found in all the usual Fletcher news places but, for those of you who read the blog but don’t Tweet or check Facebook, earlier this morning we received this interesting announcement:
Mohamed ElBaradei to Join Tufts Fletcher School as Nobel-Laureate-in-Residence
Dr. Mohamed ElBaradei, director general emeritus of the International Atomic Energy Agency (IAEA) and co-recipient of the 2005 Nobel Peace Prize with the IAEA for his efforts “to prevent nuclear energy from being used for military purposes and to ensure that nuclear energy for peaceful purposes is used in the safest possible way,” will join The Fletcher School of Law and Diplomacy at Tufts University as Nobel-Laureate-in-Residence in fall 2014.
“The entire Fletcher and Tufts community is proud to welcome Dr. ElBaradei, a courageous leader and powerful advocate for international peace and security,” said Admiral James Stavridis, the 12th dean of The Fletcher School. “In my former capacity as Supreme Allied Commander at NATO, I attended many conferences and meetings with Dr. ElBaradei. He is such an important diplomatic figure, and we are thrilled to have him with us next fall.”
Academic Dean and Professor of International Law Ian Johnstone added, “Our faculty and students will benefit greatly from the lessons of his 50-year career as a scholar, diplomat, public servant, and statesman.”
As Nobel-Laureate-in-Residence, ElBaradei will focus on a range of co-curricular activities, drawing on his experience as head of the IAEA as well as the critical role he played in Egypt through the recent years of political turmoil. An expert on international law and organizations, non–proliferation and the peaceful uses of nuclear energy, ElBaradei has been at the center of efforts to address the nuclear crises in Iraq, North Korea, and Iran. He will engage with students and faculty in public lectures and smaller, private events at The Fletcher School as well as other schools within Tufts University.
ElBaradei served three terms as director general of the IAEA from December 1997 until November 2009, when he was appointed director general emeritus. He had been an IAEA staff member since 1984, holding a number of high-level policy positions, including that of legal adviser and subsequently assistant director general for external relations.
After leaving the IAEA, ElBaradei became involved in Egyptian politics and was seen as a potential leader of the transitional government after the ouster of President Mohamed Morsi. In 2012, he was set to stand as a candidate in the presidential elections, but withdrew his bid in January of that year in the absence of an agreed upon constitution. He was named interim vice president in July 2013, but resigned in protest a month later when security forces moved in to clear two protest camps in the capital, Cairo.
ElBaradei began his career in the Egyptian Diplomatic Service in 1964, serving in the Permanent Missions of Egypt to the United Nations in New York and Geneva. Subsequently, he served as a special assistant to the foreign minister of Egypt (1974 to1978), and he was a member of the negotiating team that led to the 1979 Egypt-Israel Peace Treaty.
“I’m delighted and honored to be part of Fletcher, one of the top schools in international affairs. At a time when we are facing the chaos and complexity of an increasingly interconnected world, sound management of international affairs has become key to our global wellbeing. I look forward to what I’m sure will be a most stimulating intellectual interaction with a superb faculty and student body under the inspiring leadership of Dean Stavridis,” ElBaradei said.
I love Fletcher couples! So I was thrilled to hear about a wedding of two 2012 graduates with a special twist. Megan and Sebastián didn’t meet at Fletcher — they knew each other before, and applied to grad school hoping they would end up in the same place. I conducted Megan’s evaluative interview and, as I told her just before her graduation, it’s one that stands out in my mind, if only for the wonderful thank-you note she sent, complete with a map of the Dominican Republic (where she was working) and Haiti.
It wasn’t until I featured Fletcher Fútbol in the blog that I connected with Sebastián, but I very much enjoyed my interactions with him about a fun activity that had captured the attention of the entire community.
Naturally, when I heard about the wedding, I reached out to Sebastián, and asked for photos. He graciously sent several along. Don’t they look happy?
Sebastián called the wedding their “Hippy Celebration of Love,” and it took place in August at a lighthouse, in Oak Bluffs, MA.
But here’s the best part. The wedding was officiated over by Prof. John Hammock, who Sebastián said had “been a mentor for Megan before Fletcher, and I had the pleasure to take his class and receive his advice while in grad school.”
I don’t know if this is the first time a member of the faculty has conducted a wedding for two alumni, but I know it’s the first time I’ve ever heard about it. One of the best ever Fletcher weddings!
For the final entry in this series of posts listing suggested reading, I’m not going to try to create an underlying theme. Here is a diverse mix of theoretical and practical works.
Prof. John Burgess — who teaches Fletcher courses on international mergers and acquisitions and international finance, in addition to his day job at a Boston law firm — recommends, “Benn Steil’s The Battle of Bretton Woods, which deftly combines geopolitics, economic theory and practice, and personalities to describe the history of the Bretton Woods Conference and its implications for the post-war world. A great combination of diplomatic history, biography and analysis.”
Prof. Jes Salacuse told me, “One recent book that might be of interest is Daron Acemoglu and James Robinson’s, Why Nations Fail: The Origins of Power, Prosperity, and Poverty.”
Prof. Bill Martel suggests, “One work I assign in my Decision Making and Public Policy and my Evolution of Grand Strategy, which incoming students would benefit from reading, is Jonah Lehrer’s How We Decide.”
Two professors who followed my instruction to include their own recent work among their suggestions are Prof. Joel Trachtman, who recently published The Future of International Law: Global Government, and Prof. James Forest, who noted that his The Terrorism Lectures, is “good prep for my Modern Terrorism and Counterterrorism class, and an inexpensive book as well.”
A suggestion from Prof. Leila Fawaz came with an apology that she wasn’t supplying more suggestions. She told me to point readers “back to an old but reliable one, Albert Hourani, A History of the Arab Peoples.”
Prof. Cheyanne Scharbatke-Church said that “anyone interested in the NGO sector and donors to it” should read Uncharitable by Dan Pallotta, which will connect to NGO Management and to her DME module series.
And, finally, because Fletcher students will all, ultimately, need to go beyond reading and do some writing themselves, Prof. John Perry suggests, Jacques Barzun, Simple and Direct: A Rhetoric for Writers.
Happy reading (and writing) everyone!
Tagged with: Professors suggest
Continuing the reading list theme, I would nonetheless be remiss if I didn’t first tell you about the beautiful late spring day we’re experiencing today. The sky is completely cloud free — so beautiful I couldn’t resist snapping a photo. See for yourself:
If I weren’t at work, it would be a perfect day to grab a book and read. Before I go ahead and list more suggestions for your summer reading, I want to take a step back and provide a more complete explanation of why I’m including the faculty book picks in the first place. I generally try not to post information that is relevant only to one subset of blog readers, and the blog is not, in fact, the most efficient way for us to reach incoming students. But some of the people who will be joining us for Orientation in August check the blog, and some of those are interested in a little pre-Fletcher reading. And if you’re not an incoming student this year? Well, you may still want to read something recommended by our professors. So back to the list.
Today’s amazing list comes from a single source. Prof. Bridget Conley-Zilkic, the research director for the World Peace Foundation, offered up at least a season’s worth of options, explaining, “Given that we’re talking about summer reading, I’ll do my best to keep it to the more narrative-focused texts. Granted, many of these are atrocity focused.” Even those who may never interact with the WPF might want to read about these still-relevant international events. Here’s the list:
Chinua Achebe, Girls at War (short stories, Nigerian civil war)
Deborah Scroggins, Emma’s War (non-fiction, Sudan)
Sven Lindquist, Exterminate All the Brutes (non-fiction, colonial Africa)
Kang Chol-Hwan, The Aquariums of Pyongyang (non-fiction, North Korea)
Jason Stearns, Dancing in the Glory of Monsters (non-fiction, DRC)
Sheri Fink, War Hospital (non-fiction, Bosnia)
Clea Koff, The Bone Woman (non-fiction, Bosnia, Rwanda, Kosovo)
Semezdin Mehmedinovic, Sarajevo Blues (poetry, Bosnia)
Aleksander Hemon, The Question of Bruno (short stories, former Yugoslavia)
Courtney Angela Brkic, The Stone Fields (fiction, Bosnia)
Anything by Slavenka Drakulic (fiction & non-fiction, Croatia)
Bob Shacochis, The Immaculate Invasion (non-fiction, Haiti)
James Dawes, That the World May Know: Bearing Witness to Atrocity (non-fiction, human rights)
Wade Davis, Into the Silence: The Great War, Mallory and the Conquest of Everest (history, UK, WWI and, obviously, Mt. Everest).
And for anyone who can handle theory by the beach: Judith Butler, Frames of War and Susan Sontag, Regarding the Pain of Others (these two are best read together), and just about anything by Hannah Arendt or Jacques Rancière.
Tagged with: Professors suggest
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