Katrin Kuhlmann | Georgetown University Law Center (original) (raw)
Drafts by Katrin Kuhlmann
Georgetown Journal of International Law, 2020
International trade law is at a turning point, and the rules as we know them are being broken, re... more International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African Continental Free Trade Area (AfCFTA), is emerging as a promising framework for redesigning international economic law. As this Article will argue, the AfCFTA presents a new normative approach to trade and development that is positioned to rewrite the rules in a more inclusive and equitable way and, over time, possibly affect global trade well beyond the African continent. Historically, trade and development have been linked through the framework of Special and Differential Treatment (S&D), which has been a central feature of the WTO and is increasingly shaping regional trade agreements (RTAs) as well. Although the connection between trade and development is more important than ever before, traditional S&D is not positioned to deliver on broader priorities of social and economic development in the current international climate. Fortunately, as this Article will argue, Africa's approach under the new AfCFTA sets the stage for a needed refresh of S&D. While the AfCFTA incorporates traditional aspects of S&D, it also includes elements of a forward-looking, rules-based approach to further economic and social development, advancing the Sustainable Development Goals (SDGs). This new dimension of S&D holds great potential for promoting integration through trade, representing the needs of a diverse group of countries in the rulemaking process, and reshaping international economic law more broadly to generate positive development outcomes. This Article begins with an assessment of the AfCFTA as an alternative model for trade and development law, evaluating the agreement in the historical and evolving context of S&D and examining its role in shaping a new normative approach to S&D. The AfCFTA, we argue, represents a shift from using S&D as a largely defensive trade approach to one that positions S&D as an affirmative tool for achieving sustainable development through the design and implementation of the rules of trade themselves, while still maintaining flexibility for countries
Papers by Katrin Kuhlmann
Social Science Research Network, 2019
Social Science Research Network, 2017
Gates Open Res, Apr 29, 2019
For over 50 years, the Center for Strategic and International Studies (CSIS) has worked to develo... more For over 50 years, the Center for Strategic and International Studies (CSIS) has worked to develop solutions to the world's greatest policy challenges. Today, CSIS scholars are providing strategic insights and bipartisan policy solutions to help decisionmakers chart a course toward a better world. CSIS is a nonprofit organ ization headquartered in Washington, D.C. The Center's 220 fulltime staff and large network of affiliated scholars conduct research and analy sis and develop policy initiatives that look into the future and anticipate change. Founded at the height of the Cold War by David M. Abshire and Admiral Arleigh Burke, CSIS was dedicated to finding ways to sustain American prominence and prosperity as a force for good in the world. Since 1962, CSIS has become one of the world's preeminent international institutions focused on defense and security; regional stability; and transnational challenges ranging from energy and climate to global health and economic integration. Thomas J. Pritzker was named chairman of the CSIS Board of Trustees in November 2015. Former U.S. deputy secretary of defense John J. Hamre has served as the Center's president and chief executive officer since 2000. CSIS does not take specific policy positions; accordingly, all views expressed herein should be understood to be solely those of the author(s).
Trade, Law and Development, Feb 2, 2019
The issue of internet neutrality, while a subject of heated debate in developed countries across ... more The issue of internet neutrality, while a subject of heated debate in developed countries across the world, has more recently become a matter of intense discussion in emerging economies like India. A recent order by the Indian telecom regulator has prohibited the ‘zero-rating’ of data services by telecom providers - a practice largely acknowledged to be a violation of the net neutrality principle. This move has put brakes on the roll out of Facebook’s recent ‘Free Basics’ initiative that aims to provide free but limited data services to poor sections of the Indian population. While the traditional discourse on net neutrality has largely remained in the domain of technology law, this paper analyses trade-related implications of the Indian decision, making a case for net neutrality from a trade and development perspective. It is argued that the international trade law framework constitutes an important source of antitrust safeguards governing the trade of internet-based services. An open and neutral internet is key to preventing concentration of market power in the digital economy, ensuring ease of entry to small and medium-sized internetbased business owners in India.
Social Science Research Network, 2015
Social Science Research Network, 2011
Social Science Research Network, 2022
Social Science Research Network, Aug 27, 2021
Social Science Research Network, 2020
Seed rules and regulations determine who can produce and sell seeds, which varieties will be avai... more Seed rules and regulations determine who can produce and sell seeds, which varieties will be available in the market, the quality of seed for sale, and where seed can be bought and sold. The legal and regulatory environment for seed impacts all stakeholders, including those in the infor-mal sector, through shaping who can participate in the market and the quality and diversity of seed available. This paper addresses a gap in the current literature regarding the role of law and regulation in linking the informal and formal seed sectors and creating more inclusive and better governed seed systems. Drawing upon insights from the literature, global case studies, key expert consultations, and a methodology on the design and implementation of law and regulation, we present a framework that evaluates how regulatory flexibility can be built into seed systems to address farmers’ needs and engage stakeholders of all sizes. Our study focuses on two key di-mensions: extending market frontiers and liberalizing seed quality control mechanisms. We find that flexible regulatory approaches and practices play a central role in building bridges between formal and informal seed systems, guaranteeing quality seed in the market, and encouraging market entry for high-quality traditional and farmer-preferred varieties.
Social Science Research Network, 2020
Times of crisis tend to highlight the importance of flexibility and innovation in international e... more Times of crisis tend to highlight the importance of flexibility and innovation in international economic law (IEL), but this focus has taken on new significance and dimension with the COVID-19 pandemic. Current circumstances warrant an even greater emphasis the intersection between flexibility, regulatory innovation, and economic and social development. This article will briefly examine this dynamic across three interconnected dimensions: (1) flexibility and innovation in IEL agreement models, with a focus on trade agreements, that better integrate economic and social development goals and allow parties to adapt to new circumstances or phase in commitments on a more incremental basis; (2) flexibility in implementation of trade disciplines and agreements; and (3) legal and regulatory innovation that can both define and flow from IEL agreements. These three dimensions take into account both treaties themselves and how they relate to changes in law and regulation in practice, drawing a link between international agreements and their operation that is particularly important in times of change or uncertainty. In assessing dimension three, legal and regulatory innovation, which has been a focus of my work over the past decade, I will touch upon design, implementation, and regulatory options, the latter of which will refer to the regulatory possibilities available to countries in line with both economic and social development considerations and international rules and standards. This dimension relates to “policy space” but can be exercised affirmatively and can highlight important variations in domestic law that may enable states to better address crisis and vulnerability while still preserving cooperation and rule of law. This article is intended to contribute to the broader discussion on flexibility and innovation in trade models and rules that is central to the challenges we face in the global economy today. It is also part of a larger ongoing project focused on linking law and development at the treaty level with a framework for assessing innovation, patterns, and variations in domestic law in an attempt to better understand possible legal and regulatory responses to current challenges and future opportunities.
Social Science Research Network, 2020
International trade law is at a turning point, and the rules as we know them are being broken, re... more International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African Continental Free Trade Area (AfCFTA), is emerging as a promising framework for redesigning international economic law. As this Article will argue, the AfCFTA presents a new normative approach to trade and development that is positioned to rewrite the rules in a more inclusive and equitable way and, over time, possibly affect global trade well beyond the African continent. Historically, trade and development have been linked through the framework of Special and Differential Treatment (S&D), which has been a central feature of the WTO and is increasingly shaping regional trade agreements (RTAs) as well. Although the connection between trade and development is more important than ever before, traditional S&D is not positioned to deliver on broader priorities of social and economic development in the current international climate. Fortunately, as this Article will argue, Africa's approach under the new AfCFTA sets the stage for a needed refresh of S&D. While the AfCFTA incorporates traditional aspects of S&D, it also includes elements of a forward-looking, rules-based approach to further economic and social development and advance the Sustainable Development Goals (SDGs). This new dimension of S&D holds great potential for promoting integration through trade, representing the needs of a diverse group of countries in the rulemaking process, and reshaping international economic law more broadly to generate positive development outcomes.
Social Science Research Network, 2022
Social Science Research Network, 2015
Social Science Research Network, 2017
Social Science Research Network, 2021
Social Science Research Network, 2007
International Journal of Agricultural Sustainability
Social Science Research Network, 2012
ABSTRACT The article discusses regional integration in Africa, with a particular focus on obstacl... more ABSTRACT The article discusses regional integration in Africa, with a particular focus on obstacles to integration. According to the authors, regional integration is essential to the future of economic growth and development in Africa. Details on a planned continental free trade area and a tripartite agreement among several Regional Economic Communities (RECs) on the continent are presented. It is suggested that international supporters of African regional integration should support policies designed to assist in integration, including policies towards infrastructure and food security. Other topics include the free movement of populations and the Intergovernmental Authority on Development (IGAD).
Georgetown Journal of International Law, 2020
International trade law is at a turning point, and the rules as we know them are being broken, re... more International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African Continental Free Trade Area (AfCFTA), is emerging as a promising framework for redesigning international economic law. As this Article will argue, the AfCFTA presents a new normative approach to trade and development that is positioned to rewrite the rules in a more inclusive and equitable way and, over time, possibly affect global trade well beyond the African continent. Historically, trade and development have been linked through the framework of Special and Differential Treatment (S&D), which has been a central feature of the WTO and is increasingly shaping regional trade agreements (RTAs) as well. Although the connection between trade and development is more important than ever before, traditional S&D is not positioned to deliver on broader priorities of social and economic development in the current international climate. Fortunately, as this Article will argue, Africa's approach under the new AfCFTA sets the stage for a needed refresh of S&D. While the AfCFTA incorporates traditional aspects of S&D, it also includes elements of a forward-looking, rules-based approach to further economic and social development, advancing the Sustainable Development Goals (SDGs). This new dimension of S&D holds great potential for promoting integration through trade, representing the needs of a diverse group of countries in the rulemaking process, and reshaping international economic law more broadly to generate positive development outcomes. This Article begins with an assessment of the AfCFTA as an alternative model for trade and development law, evaluating the agreement in the historical and evolving context of S&D and examining its role in shaping a new normative approach to S&D. The AfCFTA, we argue, represents a shift from using S&D as a largely defensive trade approach to one that positions S&D as an affirmative tool for achieving sustainable development through the design and implementation of the rules of trade themselves, while still maintaining flexibility for countries
Social Science Research Network, 2019
Social Science Research Network, 2017
Gates Open Res, Apr 29, 2019
For over 50 years, the Center for Strategic and International Studies (CSIS) has worked to develo... more For over 50 years, the Center for Strategic and International Studies (CSIS) has worked to develop solutions to the world's greatest policy challenges. Today, CSIS scholars are providing strategic insights and bipartisan policy solutions to help decisionmakers chart a course toward a better world. CSIS is a nonprofit organ ization headquartered in Washington, D.C. The Center's 220 fulltime staff and large network of affiliated scholars conduct research and analy sis and develop policy initiatives that look into the future and anticipate change. Founded at the height of the Cold War by David M. Abshire and Admiral Arleigh Burke, CSIS was dedicated to finding ways to sustain American prominence and prosperity as a force for good in the world. Since 1962, CSIS has become one of the world's preeminent international institutions focused on defense and security; regional stability; and transnational challenges ranging from energy and climate to global health and economic integration. Thomas J. Pritzker was named chairman of the CSIS Board of Trustees in November 2015. Former U.S. deputy secretary of defense John J. Hamre has served as the Center's president and chief executive officer since 2000. CSIS does not take specific policy positions; accordingly, all views expressed herein should be understood to be solely those of the author(s).
Trade, Law and Development, Feb 2, 2019
The issue of internet neutrality, while a subject of heated debate in developed countries across ... more The issue of internet neutrality, while a subject of heated debate in developed countries across the world, has more recently become a matter of intense discussion in emerging economies like India. A recent order by the Indian telecom regulator has prohibited the ‘zero-rating’ of data services by telecom providers - a practice largely acknowledged to be a violation of the net neutrality principle. This move has put brakes on the roll out of Facebook’s recent ‘Free Basics’ initiative that aims to provide free but limited data services to poor sections of the Indian population. While the traditional discourse on net neutrality has largely remained in the domain of technology law, this paper analyses trade-related implications of the Indian decision, making a case for net neutrality from a trade and development perspective. It is argued that the international trade law framework constitutes an important source of antitrust safeguards governing the trade of internet-based services. An open and neutral internet is key to preventing concentration of market power in the digital economy, ensuring ease of entry to small and medium-sized internetbased business owners in India.
Social Science Research Network, 2015
Social Science Research Network, 2011
Social Science Research Network, 2022
Social Science Research Network, Aug 27, 2021
Social Science Research Network, 2020
Seed rules and regulations determine who can produce and sell seeds, which varieties will be avai... more Seed rules and regulations determine who can produce and sell seeds, which varieties will be available in the market, the quality of seed for sale, and where seed can be bought and sold. The legal and regulatory environment for seed impacts all stakeholders, including those in the infor-mal sector, through shaping who can participate in the market and the quality and diversity of seed available. This paper addresses a gap in the current literature regarding the role of law and regulation in linking the informal and formal seed sectors and creating more inclusive and better governed seed systems. Drawing upon insights from the literature, global case studies, key expert consultations, and a methodology on the design and implementation of law and regulation, we present a framework that evaluates how regulatory flexibility can be built into seed systems to address farmers’ needs and engage stakeholders of all sizes. Our study focuses on two key di-mensions: extending market frontiers and liberalizing seed quality control mechanisms. We find that flexible regulatory approaches and practices play a central role in building bridges between formal and informal seed systems, guaranteeing quality seed in the market, and encouraging market entry for high-quality traditional and farmer-preferred varieties.
Social Science Research Network, 2020
Times of crisis tend to highlight the importance of flexibility and innovation in international e... more Times of crisis tend to highlight the importance of flexibility and innovation in international economic law (IEL), but this focus has taken on new significance and dimension with the COVID-19 pandemic. Current circumstances warrant an even greater emphasis the intersection between flexibility, regulatory innovation, and economic and social development. This article will briefly examine this dynamic across three interconnected dimensions: (1) flexibility and innovation in IEL agreement models, with a focus on trade agreements, that better integrate economic and social development goals and allow parties to adapt to new circumstances or phase in commitments on a more incremental basis; (2) flexibility in implementation of trade disciplines and agreements; and (3) legal and regulatory innovation that can both define and flow from IEL agreements. These three dimensions take into account both treaties themselves and how they relate to changes in law and regulation in practice, drawing a link between international agreements and their operation that is particularly important in times of change or uncertainty. In assessing dimension three, legal and regulatory innovation, which has been a focus of my work over the past decade, I will touch upon design, implementation, and regulatory options, the latter of which will refer to the regulatory possibilities available to countries in line with both economic and social development considerations and international rules and standards. This dimension relates to “policy space” but can be exercised affirmatively and can highlight important variations in domestic law that may enable states to better address crisis and vulnerability while still preserving cooperation and rule of law. This article is intended to contribute to the broader discussion on flexibility and innovation in trade models and rules that is central to the challenges we face in the global economy today. It is also part of a larger ongoing project focused on linking law and development at the treaty level with a framework for assessing innovation, patterns, and variations in domestic law in an attempt to better understand possible legal and regulatory responses to current challenges and future opportunities.
Social Science Research Network, 2020
International trade law is at a turning point, and the rules as we know them are being broken, re... more International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African Continental Free Trade Area (AfCFTA), is emerging as a promising framework for redesigning international economic law. As this Article will argue, the AfCFTA presents a new normative approach to trade and development that is positioned to rewrite the rules in a more inclusive and equitable way and, over time, possibly affect global trade well beyond the African continent. Historically, trade and development have been linked through the framework of Special and Differential Treatment (S&D), which has been a central feature of the WTO and is increasingly shaping regional trade agreements (RTAs) as well. Although the connection between trade and development is more important than ever before, traditional S&D is not positioned to deliver on broader priorities of social and economic development in the current international climate. Fortunately, as this Article will argue, Africa's approach under the new AfCFTA sets the stage for a needed refresh of S&D. While the AfCFTA incorporates traditional aspects of S&D, it also includes elements of a forward-looking, rules-based approach to further economic and social development and advance the Sustainable Development Goals (SDGs). This new dimension of S&D holds great potential for promoting integration through trade, representing the needs of a diverse group of countries in the rulemaking process, and reshaping international economic law more broadly to generate positive development outcomes.
Social Science Research Network, 2022
Social Science Research Network, 2015
Social Science Research Network, 2017
Social Science Research Network, 2021
Social Science Research Network, 2007
International Journal of Agricultural Sustainability
Social Science Research Network, 2012
ABSTRACT The article discusses regional integration in Africa, with a particular focus on obstacl... more ABSTRACT The article discusses regional integration in Africa, with a particular focus on obstacles to integration. According to the authors, regional integration is essential to the future of economic growth and development in Africa. Details on a planned continental free trade area and a tripartite agreement among several Regional Economic Communities (RECs) on the continent are presented. It is suggested that international supporters of African regional integration should support policies designed to assist in integration, including policies towards infrastructure and food security. Other topics include the free movement of populations and the Intergovernmental Authority on Development (IGAD).