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Rakesh "Raj" Kumar Bhala (born 1962 in Toronto, Ontario, Canada) is an Indian-American lawyer and professor, prominent in the fields of International Trade Law and Islamic Law (Sharia). He is the Rice Distinguished Professor at the University of Kansas School of Law, and the Associate Dean for International and Comparative Law. Bhala is the author of 68 articles and 14 books.〔Raj Bhala (July 2013). CV – Raj Bhala http://law.ku.edu/bhala〕 In international trade law, Bhala’s ''Stare Decisis Trilogy'' was the first to highlight that, in practice, the doctrine of precedent operates in multilateral trade adjudication.〔''Corus Staal BV v. United States'' DOC, 259 F.Supp. 2d 1253 (CIT 2003); "The Myth About Stare Decisis and International Trade Law (Part One of a Trilogy)", 1999, ''American University International Law Review, 14,'' 845-956; "The Precedent Setters: De Facto Stare Decisis in WTO Adjudication (Part Two of a Trilogy)", 1999, ''Florida State University Journal of Transnational Law and Policy, 9,'' 1-151. "The Power of the Past: Towards De Jure Stare Decisis in WTO Adjudication (Part Three of a Trilogy)", 2001, ''George Washington International Law Review, 33,'' 873-978 (symposium on “Global Trade Issues in the New Millennium”).〕 His ''Doha Round Trilogy'' pointed out that the detailed negotiating texts of the round had deviated from a key original purpose of the round: re-writing trade rules to help alleviate poverty, and thereby reduce the vulnerability of marginalized populations to Islamist extremist ideologies.〔Frank J. Garcia, “Doha, Security, and Justice: A Response to Prof. Raj Bhala,” 2011, University of Saint Thomas Law Journal, 9, 194-213, and Robert J. Delahunty, “Trade, War, and Terror: A Reply to Bhala,” 2011, University of Saint Thomas Law Journal, 9, 161-193, both reviewing the Trilogy. The Trilogy is published at: “Poverty, Islamist Extremism, and the Debacle of Doha Round Counter-Terrorism: Part One of a Trilogy – Agricultural Tariffs and Subsidies,” 2011, University of Saint Thomas Law Journal, 9, 5-160; “Poverty, Islamist Extremism, and the Debacle of Doha Round Counter-Terrorism: Part Two of a Trilogy – Non-Agricultural Market Access and Services Trade,” 2011, Case Western Reserve Journal of International Law, 44, 1-81; and “Poverty, Islamist Extremism, and the Debacle of Doha Round Counter-Terrorism: Part Three of a Trilogy – Trade Remedies and Facilitation,” 2012, Denver Journal of International Law and Policy, 40, 237-320.〕 Bhala’s articles appear in general and international law reviews, and five are in The International Lawyer,〔“Diversity within Unity: Import Laws of Islamic Countries on Ḥarām (Forbidden) Products,” 2014, The International Lawyer, 47, 343-406 (with Shannon B. Keating); “Saudi Arabia, the WTO, and American Trade Law and Policy,” 2004, The International Lawyer, 38, 741-812; “Austin’s Ghost and DSU Reform,” 2003, 37 The International Lawyer, 37, 651-76 (with Lucienne Attard) (lead article); “Poverty, Islam, and Doha,” 2002, The International Lawyer 36, 159-196; “MRS. WATU and International Trade Sanctions,” 1999, The International Lawyer 33, 1-26〕 the award-winning, peer-reviewed journal of the American Bar Association (ABA) Section of International Law, which circulates worldwide to over 15,000 readers.〔http://www.americanbar.org/groups/international_law/publications/the_international_lawyer.html; http://en.wikipedia.org/wiki/The_International_Lawyer〕 The Arizona Journal of International and Comparative Law publishes the annual WTO Case Review, which Bhala co-authored since its inception in 2000.〔http://arizonajournal.org/?cat=4〕 Bhala authored ''Modern GATT Law'', the first major treatise on the General Agreement on Tariffs and Trade since the 1970 publication of ''The Law of the GATT'' (Kenneth W. Dam) and 1969 publication of ''World Trade and the Law of GATT'' (John H. Jackson).〔Mike Krings, May 15, 2013, “Law Professor’s Book Explores “Constitution of International Trade,” KU Today, www.news.ku.edu/2013/05/15/law-professors-book- explores-constitution-international-trade-law. Reviews of the first edition (2005) are Professor Dr. Wolfgang Weiß, 2007, Common Market Law Review, 44, 538-540; David Gantz, 2006, JOURNAL OF BUSINESS LAW 437-439.〕 The Appellate Body of the World Trade Organization (WTO) cited the 1st edition of the treatise,〔WTO Appellate Body in its Report, United States – Final Anti-dumping Measures on Stainless Steel from Mexico (complaint by Mexico), WT/DS344/AB/R 94 fn. 208 (adopted 20 May 2008).〕 and its 2nd edition received scholarly attention.〔David A. Gantz, “Modern GATT Law: A Treatise on the Law and Political Economy of the GATT & Other WTO Agreements,” 2014, International Trade Law & Regulation, 20, issue 1.〕 He also has authored the textbook ''International Trade Law'', which has been cited by United States federal courts,〔Agro Dutch Foods Ltd. v. United States, 110 F.Supp. 2d 950, 961 (CIT 2000); Koyo Seiko Co., Ltd. v. United States, 110 F.Supp. 2d 934, 939 (CIT 2000); Mannesmannrohren-Werke AG & Mannesmann Pipe & Steel Corp. v. United States, 77 F.Supp. 2d 1302, 1305 (CIT 1999)〕〔http://www.youtube.com/watch?v=LY2XVBlZ_nE〕 and portions of this text were translated into Vietnamese. Bhala’s monograph ''Trade, Development, and Social Justice'', applies Catholic social justice theory to special and differential treatment rules of the multilateral trading system.〔See Carmine Gorga, “Book Review,” 2004-05, Journal of Markets & Morality 7, 567-70; Book Review, March 2004, American Society of International Law Newsletter.〕 The fourth edition, with the sub-title “An Interdisciplinary, Non-Western Approach,” is in two volumes.〔http://www.youtube.com/watch?v=Uy91hIavLRU&feature=youtu.be〕 In Islamic Law, Bhala became the first non-Muslim American law professor to produce a textbook on the subject designed for English-speaking law students, teachers, and practitioners (''Understanding Islamic Law (Shari’a)'').〔http://www.youtube.com/watch?v=Uy91hIavLRU〕 He has spoken out against state anti-Sharia legislation, arguing it is unfair and bad for business.〔http://billtammeus.typepad.com/my_weblog/2011/09/9-1718-11.html; http://billtammeus.typepad.com/my_weblog/2011/09/9-19-11.html; KCUR 89.3 FM, KC Currents (2012-2-19), “Shariah in the Midwest,” http://www.kcur.org/post/shariah-law-freedom-now-charles-ferruzza: KCUR 89.3 FM, KC Currents (2012-2-20), “Midwest Muslims Work to Change Anti-Shariah Movement,” http://www.kcur.org/post/midwest-muslims-work-change-anti-shariah-movement; Marso, Andy (2012-4-15), “Lawmakers Urged to Address Sharia,” TOPEKA CAPITAL-JOURNAL, http://cjonline.com/news/2012-04-14/lawmakers-urged-address-sharia - .T4pLVal2Acs.email; Marso, Andy (2012-5-25), “Brownback Signs Bill That Caused Sharia Flap,” TOPEKA CAPITAL JOURNAL, http://cjonline.com/news/2012-05-25/brownback-signs-bill-caused-sharia-flap; Helen T. Gray (2012-6-30), “Sum of Shariah: New Kansas Law Denies Use of Foreign Codes, Laws,” KANSAS CITY STAR, D10, http://www.kansascity.com/2012/06/29/3683250/shame-on-shariah.html 〕 Some of Bhala’s research is at the intersection of International Trade and Islamic Law. One article analyzes the tariff schedules of every Islamic country in the world, and points out few such countries use the GATT Article XX(a) public morality exception to ban importation of products, such as alcohol and pork, the consumption of which the Sharia forbids.〔 “Diversity within Unity: Import Laws of Islamic Countries on Ḥarām (Forbidden) Products,” 2014, The International Lawyer, 47, 343-406 (with Shannon B. Keating); Mike Krings, September 2, 2014, “Study Finds Despite Stereotypes, Muslim Nations Take Nuanced Approach to “Haram” Products,” KU Today, 2 September 2014, http://www.law.ku.edu/news/study-finds-despite-stereotypes-muslim-nations-take-nuanced-approach-haram-imports 〕 Like non-Islamic countries, most of them impose tariffs on these products, possibly for moral, secularist, legal, or economic reasons. == Education == Bhala obtained a law degree (JD) (cum laude) from Harvard Law School in 1989. While a Marshall Scholar (1984–86) in the United Kingdom, Bhala earned a master's degree (MSc) in economics from the London School of Economics in 1985 and another master's degree (MSc) in management (industrial relations) from Oxford University the year after, with a thesis on internal labor markets. Bhala received his undergraduate degree (AB) in economics (summa cum laude) at Duke University, Durham, North Carolina in 1984, and was inducted into ''Phi Beta Kappa''. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Raj Bhala」の詳細全文を読む スポンサード リンク
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