curriculum vitae

 
 

Merit E. Janow

 

9/94- Present      COLUMBIA UNIVERSITY, New York, NY

 Professor of Professional Practice, International Economic Law & International Affairs

School of International and Public Affairs (SIPA), Director, International Finance & Economic Policy Program

 

EXPERIENCE (SINCE JOINING COLUMBIA UNIVERSITY)                                                9/94- Present

 

International and U.S. Governmental and Regulatory Activities

  • Member of the Appellate Body of the WTO, the international trade court of final appeal. (December, 2003-December, 2007). Nominated by the U.S. Government in the spring of 2003, elected by the WTO membership after an extensive 6 month interview and review process, and served on the seven member Appellate Body of the World Trade Organization in Geneva, Switzerland for a four year term. The WTO Appellate Body is the court of final appeal in international trade disputes involving the 153 countries and customs territories that are members of the WTO.

    • The first woman and the only North American to serve on the Appellate Body during this period. During her tenure on the Appellate Body, heard or reviewed more than 30 appeals involving disputes covering areas including services, agriculture, technology, subsidies, the rules of the GATT, trade remedies, among other areas. 
    • Maintained teaching/administrative responsibilities at Columbia University while serving on the Appellate Body.

  • Panelist, WTO Dispute Settlement. April 2001-May 2002.  Appointed by the Director General of the WTO to serve as a panelist in an intergovernmental dispute between several Latin American countries and the European Union before the WTO. Conducted hearings in Geneva and drafted the final opinion, which was released in May 2002. This was the first case reviewing the Technical Barriers to Trade Agreement, and which opinion was substantially upheld when appealed before the Appellate Body.  One of the first Americans to serve as a panelist.
  • Executive Director, International Competition Policy Advisory Committee ("ICPAC") of the U.S. Justice Department (November 1997-March 2000).  Committee was form by the Attorney General Janet Reno and Assistant Attorney General for Antitrust Joel Klein of the U.S. Department of Justice. ICPAC represented the first formal advisory committee to the US Department of Justice that focused on international anti-trust matters. Developed U.S. antitrust policy in three areas: international enforcement cooperation; multi-jurisdictional mergers, and trade and competition policy interface issues.  Recommendations of ICPAC included the formation of the International Competition Network (ICN). The ICN has become an established international organization of more than 70 competition agencies, aimed at fostering convergence of regulatory procedures and policies, promoting best practices and enhancing cooperation. See www. internationalcompetitionnetwork.org.
  • International Trade and Investment Related Arbitration. Arbitrator under international and bilateral trade and investment treaties.

 Columbia University Activities

  • Extensive administrative and oversight experience at SIPA and the University more broadly.  Supervised faculty, students and curriculum in a variety of different forms: 
  • SIPA: Chair or participate in numerous faculty search and review efforts for senior and junior faculty hiring and review. Served on numerous SIPA internal committees, including faculty promotion, development, curriculum review, instruction, as well as the SIPA Advisory Board.
  • Director, International Finance and Economic Policy (“IFEP”) concentration since 1999. In that capacity, led a major review of the finance and capital markets portion of the curriculum, and managed the consolidation of program.  Initiated and maintained active programming, including new lecture series by leading policy makers, business leaders and scholars.  
  • Director, overall MIA Program 2003-4.
  • Chair, Faculty Oversight Committee of Columbia’s Global Center, East Asia.  Co-Directed a year long search for a new director for Columbia Global Center in Beijing. Current Chair of on-going faculty oversight of the East Asia Center in context of Columbia’s Global Centers.
  • Chair, University Committee on Socially Responsible Investing (2002-2003). This Committee advises the University’s trustees on ethical and social issues that arise in the course of the management of the University’s endowment, and undertakes intensive reviews of corporate proxies in the investment portfolio.  Undertook public hearings at CU during period of active debate on campus about divestment, environmental and supply chain issues.
  • Research activities. Focus has been in the following areas:  international trade and investment law and policy; economic, trade and investment issues vis-a-vis China and Asia-Pacific economies; competition law and policy, financial regulatory reform and economic globalization. Have consistently raised monies for research projects, associated conferences and outreach activities from the U.S. government (through RFPs) and from corporations. Current research projects include:
    • Member of the organizing/executive committee of the Summer Palace Dialogue, a collaboration with the Economists 50 Forum in China, which is a group of China’s leading reform minded economic thinkers. Participated in several “track two” dialogues/research projects and currently designing a third meeting for summer, 2013.
    • Ongoing research collaboration with Professor Eleanor Fox NYU Law School. Co-authored essays on trade/competition interface problems arising from Chinese export cartels and integration into global economy.  Ongoing Research collaboration with Professor Petros Mavroidis (European University Institute & Columbia Law School) on the future of the international trading system.
  • Teaching responsibilities at SIPA. SIPA instruction has been both function and regional in focus. It has included: China in the Global Economy, Foreign Economic and Trade Policy, Institutions of International Economic Policy, and numerous capstone projects. Capstones have focused on subjects of international economic policy including: comparative analysis of national security investment review regimes (currently for US Treasury); Chinese outbound FDI in manufacturing (for a U.S. investment bank); Basle III reform and implications (Citibank), Prospects for services trade expansion in Central and South America (Asian Development Bank), Lessons from China’s Development for Africa (World Bank). 
  • Teaching responsibilities at Columbia Law School. Teach advanced courses/seminar every fall at Columbia Law School (CLS). Courses/seminars have included: International Trade Law/,WTO Law (interdisciplinary seminar with Jagdish Bhagwati), Comparative and International Antitrust (with Petros Mavroidis), China in the WTO (with Ben Liebman), WTO Law (w/Petros Mavroidis), WTO law (by self).  
  • Organized and raise monies for major conferences at Columbia University. While serving on the WTO Appellate Body, organized a major conference on WTO legal and economic issues with over 65 speakers from around the world including former Heads of State, numerous Ministers of Trade and Finance, senior officials, academics, business leaders, among others. More recently in 2011, organized a high level workshop at SIPA on US-China economic and trade relations with senior government, business and academic experts from the U.S., China and Asia.  
  • Faculty Member – Columbia Institutes and Centers.  Weatherhead East Asian; Center on Japanese Economy and Business, Columbia Business School; Chazen Institute, Columbia Business School, started and Co-Director, APEC Study Center, Columbia University (with Professor Hugh Patrick).  The APEC Study Center sponsors research, lectures, conferences, and visiting fellows from Asia.

 Corporate, Not for Profit, Policy, Advisory Activities

  • Member, (since 2001) Board of Directors - mutual funds of the American Funds. These funds are managed by Capital Research and Management Co. 
  • Member (since 2005), Board of Directors- Nasadq Exchange, LLC.
  • Member, (since 2008) Trimble Navigation. This is a high growth technology company in Silicon Valley that offers GPS and software solutions to support precision agriculture, construction and engineering.
  • Charter Member, (2009 –present) International Advisory Council, China Investment Corporation (“CIC”), Beijing. CIC is China’s sovereign wealth fund. Serving as one of the four American members. Advisory Council meets once a year in China.
  • Member, (2005-present), Board of Directors. Japan Society. Japan Society is a leading nonprofit, nonpolitical organization that provides information on Japan and supports open dialogue on issues of importance to the United States, Japan and East Asia.

 

EXPERIENCE (PRIOR TO JOINING COLUMBIA UNIVERSITY)

1/90-7/93           OFFICE OF THE U.S. TRADE REPRESENTATIVE, Washington, D.C.

Deputy Assistant U.S. Trade Representative for Japan and China

  • Responsible for developing, coordinating and implementing U.S. trade policy and negotiating strategies towards Japan and the People's Republic of China. Undertook more than 35 official trips to Japan and China.
  • Involved or lead in bilateral negotiations with Japan and China. Negotiating areas included: Structural Impediments Initiative (SII) and numerous sectoral areas, e.g., satellites, legal services, glass, supercomputer procurement, telecommunication services, paper products, intellectual property, among others. 
  • Coordinated interagency trade policy process on Administration's trade policy towards Japan and China.  Activities included preparing and leading interagency delegations in negotiations, briefing Congressional members and staff, extensive consultations with the private sector and press briefings with members of the U.S. and foreign press.
  • Accompanied President George H. W. Bush to Japan and was involved in the negotiation of economic summit declaration with Government of Japan. Undertook advance and preparatory work for President William Clinton’s visit to Japan.

 1988-2/90     SKADDEN, ARPS, SLATE, MEAGHER & FLOM, New York, NY

Associate, member of mergers and acquisition corporate department.

  • Experience included: coordination of major public and private corporate acquisitions in the U.S. by foreign firms of U.S. corporate assets as well as outbound acquisitions in Asia by U.S. companies. Other corporate law activities included takeover defense strategies; domestic and international securities offerings; joint ventures; licensing, IP and distribution agreements.

 1980-1984         HUDSON INSTITUTE, Tokyo, Japan and New York, NY

Associate Director, Corporate Environment Programs  

  • Co-managed corporate program with major corporate clients from the U.S., Europe and Asia.
  • Directed a number of corporate strategy studies for major US and foreign companies.
  • Co-authored two books and several articles on U.S.-Asia trade and economic relations, the Japanese economy and business operations in Asia.

 EDUCATION

1985-88             COLUMBIA UNIVERSITY, SCHOOL OF LAW, New York, NY

  • J.D. Degree 
  • Editor, Columbia Journal of Transnational Law 
  • Harlan Fiske Stone Scholar 
  • Parker School Award in Comparative Law

 

1976-80             UNIVERSITY OF MICHIGAN, Ann Arbor, MI

  • B.A. Asian Studies, with Honors

 

PROFESSIONAL AFFILIATIONS, ACTIVITIES AND PERSONAL BACKGROUND (PAST AND PRESENT)

  • Member, Council on Foreign Relations:  Current Chair, International Affairs Fellowship Committee (past five years); Membership Committee (past member)
  • Member, Trilateral Commission
  • Member, International Trade Council, World Economic Forum (2009-2011)
  • Reporter, American Law Institute in a major project entitled Principles of International Trade Law, an interdisciplinary project of distinguished professors of law and economics analyzing the law of the WTO (2002-2003).
  • Member, U.S. Department of State, Advisory Committee on International Economic Policy (2001-2002).
  • Previous or current member: American Bar Association; The Association of the Bar of the City of New York; American Society of International Law; International Bar Association.
  • U.S.-National Committee for Pacific Economic Cooperation (U.S.-PECC); National Committee on U.S.-China Relations; Asia Society. 
  • Extensive public speaking to business, policy and academic audiences in the U.S., Asia and Europe.
  • Admitted to bar, New York.
  • Resided for twelve years in Japan; speak and read Japanese.
  • Married, one child.

 SELECTED PUBLICATIONS

 

Books/Chapters

 

“The Origins of the International Competition Network” (Opening Chapter w. James Rill, former Assistant Attorney

    General). (Intersentia, Cambridge 2011).

 

Governance, Dispute Settlement and Developing Countries, (ed. volume with introductory chapter) (Juris

    Publishers, 2008).

 

“US- Export Restraints: US Measures Treating Export Restraints as Subsidies”, (Co-Authored with Robert Staiger,      

    Cambridge University Press, 2004).

 

“Canada Dairy: Canadian Measures Affecting the Importation of Dairy Products and the Exportation of Milk”   

    (Co-Authored with Robert Staiger, Cambridge University Press, 2004).

“The Role of the WTO Secretariat in Dispute Settlement” (unpublished Chapter for World Trade Institute 2004).

“Economic Institution Building in a Global Economy: Indonesia’s Challenges” (Center for Strategic and

     International Studies, Jakarta 2004).

 

Examining Two Multilateral Venues for Global Competition Policy: The WTO and the ICN” 

    (Fordham Corporate Law Institute, 2003).

Economic Institution Building in a Global Economy: Indonesia’s Challenges” (2004). (result of major USAID

    funded study).

 

"Transatlantic Cooperation on Competition Policy" Chapter in Antitrust Goes Global, B. Steil, ed., (Brookings

    Institution 2000).

 

"The Frustrations and Promise of a Career Involved with U.S.-Japan Economic Relations", 50th Anniversary

    Symposium, Center for Japanese Studies, University of Michigan (University of Michigan Press 2000).

 

"Unilateral and Bilateral International Approaches to Competition Policy: Drawing on the Trade Experience",  

    Chapter in Brookings Trade Forum 1998 Robert Lawrence, ed., (Brookings Institution, 1999).

 

"Competition Policy and the WTO", Chapter in The Uruguay Round and Beyond, J. Bhagwati ed., (University of   

    Michigan Press, 1998).

 

"U.S. Trade Policy Towards Japan and China", Chapter in Trade Policies For A New Era, G. Feketekuty & B.

    Stokes, ed. (Council on Foreign Relations Press, 1998).

 

"International Approaches to Economic Deregulation and Regulatory Reform", Chapter in Business, Markets and

    Governments in the Asia Pacific R. Wu & Y.Pen, ed. (Routledge Press, 1998).

 

"Trading with an Ally: Progress and Discontent in U.S.-Japan Trade Relations", Chapter in The United States, Japan

    and Asia, G. Curtis, Ed. (W.W. Norton & Co., 1994).

 

The Competition: Dealing with Japan (Praeger Publishers, 1985), co-authored, foreword by Henry Rosovsky.

Nihon no Kyosoryoku (Diamondsha, 1989), revised Japanese language version of the above.  

Articles

 

“China, the WTO, and State Sponsored Export Cartels: Where Trade and Competition Ought to Meet”, (with E.

    Fox), Competition Law Journal, (2012).

 

“Reflections on Serving on the WTO Appellate Body”, Loyola University, Chicago International Law Review

    (2008).

 

“The Second Year of the ICN” co-authored with Eleanor Fox, conference summary available at:

    http://www.internationalcompetitionnetwork.org

 

“A Trusting Approach to Antitrust”. The International Economy (September/October 2001).

 

"Assessing APEC's Role in Economic Integration in the Asia Pacific Region", Northwestern Journal of

    International Law and Business, (Spring, 1997).

 

"Mergers and Acquisitions in Japan: A New Option for Foreign Companies?"  Colum. J. Transnat'l L. (1988).

 

Published Reports

 

Final Report of the International Competition Policy Advisory Committee to the Attorney General and Assistant Attorney General for Antitrust, U.S. Department of Justice, (March 2000).  This 300+ major report contains detailed recommendations and perspectives on merger review and enforcement, international cartel enforcement and cooperation, and trade and competition policy interface issues. The recommendations of this report resulted in a number of rule changes by the antitrust division and an international initiative which created the International Competition Network (ICN). Available at: http://www.justice.gov/atr/icpac/cover.pdf.

 

SELECT RECENT SPEECHES 

 

Assessing US Financial and Regulatory Challenges”, China Investment Corp, Advisory Committee Meeting,

    Beijing, July 2012.

 

Moderator and Respondent,  Annual Meeting of International Forum of Sovereign Wealth Funds, on Regulatory, Investment Regimes and Outlook with leaders from the financial community including: James Gorman (CEO Morgan Stanley) David Murray (Future Fund Board of Guardians of Australia), John Lipsky (IMF), Stephen Schwarzman (Blackstone) among others, Beijing, China, May 2012.

 

“The European Crisis”, Panelist at Launch of Center for Global Economic Governance, Columbia University, April

    2012.

 

“Standard of Review of WTO Jurisprudence”, Appellate Body Retreat and induction for new members. Geneva,

    Switzerland. January 2012.

Implications of China’s 12th Five Year Plan for the World”, Great Hall of the People, Keynote Speech, Beijing,

    China 2011.

 

“TPP and Japan”, Keynote Speech at US-Japan Business Council, annual meeting of CEOs, December, New York

    2011. 

 

“Dodd Frank and Regulatory Reform” at US China Financial Roundtable, CICC, November, New York, 2011. 

 

“US, Japan and Regional Trade Arrangements”, Japan Society and Keizai Doyukai Conference, New York, 2011.

 

“The Obama Administration’s Trade Policy”, CJEB Conference, Tokyo, Japan 2010.

 

Otto L. Walter Lecture in International Law, New York Law School, April 2010.

 

Confronting Protectionism”, Co-chair, Salzburg Global Seminar, Salzburg Austria, 2009. 

 

“Financial Regulatory Reform Following the Financial Crisis”, Beijing, May 2009.

 

The Politics of International Tribunals”, American Society of International Law, Annual Meeting, Washington

    D.C., April 2008.

 

“Resolving Disputes in International Trade”, Lecture at Princeton University, Princeton, New Jersey, April 2008.

 

“Perspectives on the Future of the WTO and the Dispute Settlement System”, Keynote Speech, Loyola Law School,

    Chicago, Illinois, February 2008.

 

“Observation on the Dispute Settlement System”, Departing Remarks before the WTO’s General Council and

    Dispute Settlement Body, Geneva, Switzerland, December 2007.

 

Columbia University International Investment Conference, Session Chair, October 2007.

 

“The WTO’s Dispute Settlement System and Economic Sovereignty”, Annual Global Public Forum, World Trade

    Organization, Geneva, Switzerland, October 2007.

“Key Challenges Facing the WTO Dispute Settlement System”, Salzburg Program in Judicial Exchange, Salzburg,

    Austria. May 2007.

“The Future of the International Trading System: A View from the Appellate Body”, Rothschild Women’s Leader’s

    Conference, Paris, April 2007.

“The Operation of the International Trading System”, American Bar Association, Annual Meeting, New York, NY,

    2005.