David A Gantz

Interests

No activities entered.

Courses

Scholarly Contributions

Books

• Gantz, D. A. (2014). LIBERALIZING INTERNATIONAL TRADE AFTER DOHA: MULTILATERAL, PLURILATERAL, REGIONAL AND UNILATERAL APPROACHES. Cambridge UP.

Chapters

• Gantz, D. A. (2017). Investor-State Dispute Settlement in U.S. Law and Practice: The Debate Continues. In Second Thoughts: Investor-State Arbitration between Developed Democracies(p. 552). Waterloo, Ontario: Centre for International Governance Innovation (CIGI).
• Gantz, D. A. (2016). Assessing the Impact of WTO and Regional Dispute Resolution Mechanisms on the World Trading System. In COURTS IN INTERNATIONAL ECONOMIC LAW – EMERGENCE, INTERPLAY AND PROLIFERATION.
• Gantz, D. A. (2016). Climate Change Innovation, Products and Services under the GATT/WTO System. In RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND CLIMATE CHANGE.

Journals/Publications

• Gantz, D. A. (2018). Addressing Dispute Resolution Institutions in a NAFTA Renegotiation. Mexico Center, Rice University' Baker Institute for Public Policy.
  More info

  https://www.bakerinstitute.org/research/trade-disputes-nafta-negotiations/
• Gantz, D. A. (2017). Renegotiating the EU-UK Trade Relationship: Lessons from NAFTA. British Institute of International and Comparative Law.
  More info

  https://www.cigionline.org/publications/renegotiating-eu-uk-trade-relationship-lessons-nafta
• Gantz, D. A. (2017). The CETA Ratification Saga: the Demise of ISDS in EU Trade Agreements?,. LOYOLA UNIV. CHICAGO L. REV., 49(361).
  More info

  http://ssrn.com/abstract=2974439
• Gantz, D. A., Bhala, R., Keating, S. B., & Simoes, B. G. (2017). WTO Case Review 2016. ARIZONA J. INT’L & COMP. L., 34(2).
• Gantz, D. A. (2016). Increasing the Host State’s Regulatory Flexibility under the TPP Investment Chapter: US Approaches under NAFTA, the AUSFTA and the TPP. For presentation at the Law School of the University of Melbourne.
• Gantz, D. A. (2016). Introduction to U.S. Free Trade Agreements. BRITISH J. AM. LEGAL STUDIES, 5(299).
• Gantz, D. A. (2016). The TPP and RCEP: Mega-Trade Agreements for the Pacific Rim. ARIZONA J. INT’L & COMP. L. 57.
• Gantz, D. A., Bhala, R., Keating, S. B., & Simoes, B. G. (2016). WTO Case Review 2015. 33 ARIZONA J. INT’L & COMP. L. 505, 33.
• Gantz, D. A. (2015). WTO Case Review 2014. 32 ARIZONA J. INT’L & COMP. L. 1.
• Gantz, D., Sao, D., Gupta, A., & Gantz, D. A. (2013). Interoperable electronic health care record: a case for adoption of a national standard to stem the ongoing health care crisis. The Journal of legal medicine, 34(1).
• Sao, D., Gupta, A., & Gantz, D. A. (2013). Interoperable electronic health care record: A case for adoption of a national standard to stem the ongoing health care crisis. Journal of Legal Medicine, 34(1), 55-90.
  More info

  PMID: 23550983;
• Gantz, D. A. (2012). Resolution of investor-state controversies in developing countries. Law and Development Review, 5(2), 83-127.
  More info

  Abstract: The large volume of literature and commentary on resolution of investor-state disputes tends to focus primarily on the rights of the foreign investor and the process through which the investor may protect her interest through investor-state arbitration, either at the World Bank's ICSID or in some other forum. Where issues relating to governments-as-respondents have been addressed, the emphasis has often been on nations such as the three NAFTA Parties and other relatively large and affluent nations such as Argentina. Until relatively recently, much less attention has been paid to challenges facing small developing respondents, such as the member nations of CAFTA-DR, Chile, Colombia or Ecuador. How, for example, should such governments respond to and manage claims, some of which in magnitude may represent a significant portion of the annual budget of the respondent government, when there is relatively limited in-house legal expertise and experience in such dispute resolution? Fortunately, UNCTAD and others have begun to take such challenges into account and to provide training for respondent government officials. Still, further actions are needed, including educating policy makers and the public as to the risks that arise in the investor-state dispute context and how best to address them. Changes in BITs and FTA investment provisions are also warranted. This article identifies the nature of the challenges presented to such governments and suggests practical means of dealing with them more effectively. It addresses, inter alia, coordination issues for the national administering authority; means of identifying and resolving such disputes before they reach the arbitration stage; effective use of outside legal advisers at various stages of the process; factors relating to the selection of arbitrators; administration of the arbitral process; and making current and future bilateral investment treaties more responsive to the procedural needs of respondent government. The article also draws on the history of a number of nations with experience in responding to and/or litigating investor state disputes. © 2012 The Law and Development Review.
• Gantz, D. A., & A., S. (2009). Rice age: Comments on the panel report in Turkey measures affecting the importation of rice. World Trade Review, 8(1), 145-177.
  More info

  Abstract: At face value, TurkeyRice is not the most complex or important WTO dispute ever litigated. The facts of the case give strong reason to believe that Turkey's restrictions on rice imports from the United States were not GATT-consistent. Turkey's steadfast refusal to provide exonerating evidence in its defence and the Panel's drawing of appropriate inference were probably the most remarkable issues of the case. Nevertheless, TurkeyRice raises at least one interesting legal and economic question: How activist are dispute panels today, and how interventionist should they be during the litigation process? We discuss the justification and role of activist panels and assess the consequences for parties' strategic behavior and incentive to provide accurate information. © 2009 David A. Gantz and Simon A. B. Schropp.
• Gupta, A., Gantz, D. A., Sreecharana, D., & Kreyling., J. (2008). Evolving relationship between law, offshoring of professional services, intellectual property, and international organizations. Information Resources Management Journal, 21(2), 103-126.
  More info

  Abstract: This article covers four issues. First, it examines evolving international conventions to determine whether countries, especially developed countries, can take any steps to inhibit offshoring with the objective of protecting jobs in their respective countries. Second, it looks at statistics from independent sources to see if outsourcing exceeds insourcing, or vice versa, in the case of the U.S. Third, it looks at trends in outsourcing in the legal arena. Fourth, it looks at the intellectual property aspects of outsourcing and presents a long-term vision on how this ticklish issue is likely to be addressed in the long-term. © 2008, IGI Global.

Creative Productions

• Gantz, D. A. (2018. Video Interview on the impact of NAFTA renegotiation on Mexico (not yet posted). Mexico Center at the Baker Institute.
• Gantz, D. A. (2018. What to Make of Trump’s Recent Second Look at the Trans-Pacific Partnership. World Politics Review.
  More info

  https://www.worldpoliticsreview.com/articles/24586/what-to-make-of-trump-s-recent-second-look-at-the-trans-pacific-partnership
• Gantz, D. A., VanDuzer, T., & Steger, D. (2018. TradeLab Program. University of Ottawa.
  More info

  Participated with two student groups and several professors (Debra Steger, Tony VanDuzer) at the University of Ottawa Faculty of law, January-April 2018, in their “TradeLab” program relating to research and writing memos on international trade and investment law subjects for Global Trade Canada. Participation included comments on numerous drafts; suggestions on research; video conferences and in-person conferences in Ottawa on March 8, 2018.
• Gantz, D. A. (2017. Telephone or Skype interviews on NAFTA and TPP. Radio 90.5 (Busan, Korea); EFE Spanish News Service (Tucson); CBC (Canada) and others.
• Gantz, D. A. (2016. TPP. Arizona Republic.