Non-Discrimination, Policy Space and Necessity

Introduction

The ever increase coverage of multilateral, regional and bilateral regulation of economic intercourse in the current globalized economy has reduced many margins of unilateral economic policy making by individual States for the sake of opening and harmonization of regulations of national markets. This puts constraints to national authorities and reduces the possibility to practically exercise national sovereignty whenever new directions are sought or new needs emerge, including coping with unexpected crisis. International commitments under treaties or within organisations allow however certain flexibility in such instances.

Presentation

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About the Speaker

Giorgio Sacerdoti is Professor of International Law and European Law (Jean Monnet chair) at Bocconi University, Milan, Italy, since 1986 (giorgio.sacerdoti@unibocconi.it) . From 2001 to 2009 he was a Judge at the World Trade Organisation’s Court in Geneva (the WTO “Appellate Body”) and its Chairman in 2006-7.

Professor Sacerdoti has been Vice-Chairman of the OECD Working Group on Bribery in International Business Transactions until 2001, where he chaired the drafting committee of the OECD Anticorruption Convention of 1997.

He has been a member of the Milan Bar since 1969 and is currently Of Counsel of Eversheds Bianchini in Milan. He frequently serves as arbitrator in international commercial disputes (ICC, LCIA, SCC, Milan Arbitral Chamber and “ad hoc”). He has chaired various arbitral tribunals at the World Bank’s Investment Arbitration Centre (ICSID), hearing disputes between States and foreign investors under Bilateral Investment Treaties. He is a member of the LCIA, London.

He has published more than 150 works in the fields related to his expertise, in public international law, trade, international contracts, investment law and arbitration. He is a frequent speaker at international conferences and a contributor to newspapers and magazines.

As a lawyer he represents and advises clients in transnational litigation, arbitration, trade matters, anti-bribery issues and international contracts.

After graduating from the University of Milan with a law degree cum laude in 1965, Professor Sacerdoti gained a Master in Comparative Law from Columbia University Law School in New York City as a Fulbright Fellow in 1967 and was appointed university full professor in 1976.