Stephen Joseph Powell
Director, International Trade Law Program
Affiliate Lecturer, Department of Food and Resource Economics
Affiliate Faculty, Center for Latin American Studies
Faculty, International Agricultural Trade & Public Policy Center
Box #117629 Gainesville, FL 32611
EducationJ.D., University of Florida (cum laude) B.A., University of Florida (Honors program)
Teaching and ScholarshipInternational Trade Law, Dispute Settlement, Trade and the Environment, Trade and Human Rights, Agricultural Law, Regional Free Trade Agreements
- University of Florida: Joined College of Law in 2000 as Director of International Trade Law Programs, Center for Governmental Responsibility. Instructor in Law and Coordinator of Legal Research and Writing Program (1967).
- Professional Experience: Chief Counsel for Import Administration, U.S. Department of Commerce (1982 – 99). Lead U.S. Negotiator, Free Trade Area of the Americas Trade Remedies (1998-99). Assistant General Counsel for Enforcement and Litigation, National Oceanic and Atmospheric Administration (1976 – 82). Western Regional Counsel, NOAA (1972-76). Appellate Defense Counsel for Office of the Judge Advocate General, U.S. Air Force (1971-72). Chief of Military Justice and Military Judge , U.S. Air Force (1967-71).
- Professional Affiliations: The Florida Bar (admitted to practice before Florida Supreme Court, U.S. Court of International Trade, U.S. Supreme Court), American Bar Association (Section of International Law and Practice, International Trade Committee), Order of the Coif, Dispute Settlement Panelist for World Trade Organization and North American Free Trade Agreement.
International Trade Law (2 or 3 credits) - LAW 6930
- The underpinnings of the global trading system, from its beginnings in the General Agreement on Tariffs and Trade to the economic principles upon which it has thrived. Trade’s core principles of non-discrimination and open borders and how these concepts apply to daily business activities. The critical exceptions to the basic concepts, from regional trade treaties such as the North American Free Trade Agreement, to remedies against unfair or surging imports (the antidumping, countervailing duty, and safeguards laws), important disciplines on how WTO Members may address public health and safety issues, and trade’s record in coming to grips with the non-economic policies with which it increasingly intersects – such as protection of the environment, labor standards, and other human rights. Course concludes with areas recently brought under the trade regulation umbrella, such as intellectual property rights, services, and investment, and how the World Trade Organization can gain full participation of the lesser-developed countries that now constitute a majority of its Members.
International Trade and the Environment (2 or 3 credits) - Law 6930
- Legal and policy issues raised by clashes between global rules promoting free trade and domestic efforts to conserve natural resources. The course explores the relationship between World Trade Organization rules reducing trade barriers and environmental treaties such as the Endangered Species Convention that rely on these very trade restrictions to manage resources, as well as efforts by the North American Free Trade Agreement and the Biodiversity Convention to reconcile the two critical public policy objectives. Equips future lawyers with background to advise how business strategies must account for both legal regimes.
Dispute Settlement (2 credits) - Law 6936
- International Trade Agreements Seminar: In an integrated global economy where the rules of trade are established not in national legislatures but in world and regional trade forums, traditional means to settle commercial disputes – access to national courts and commercial arbitration clauses found in international contracts – will often be less effective to a company’s business success than invoking formal dispute settlement under governing trade agreements. The seminar provides an understanding of dispute settlement systems by focusing on the World Trade Organization and the North American Free Trade Agreement – the trade treaties with greatest impact on U.S. companies. Through analysis of cases, students will explore how a company’s export or investment plan may be impacted by disputes over food and product safety, protection of intellectual property and investments, and agricultural trade questions.
Trade and Human Rights in the Americas Seminar (2 credits) - Law 6936
- Although human rights law and trade law have developed well-established regimes through a series of negotiations on parallel tracks since World War II, there is increasing criticism from a variety of fronts that international trade rules are insensitive to basic human rights and that globalization has done little to alleviate the gap between rich and poor. Must trade and human rights regimes necessarily conflict? This seminar explores the premises of the trade and human rights debate from the perspectives of both free trade advocates and human rights activists, with the purpose of imparting a better understanding of the rationales for both systems of law and the ways each is attempting to avoid a clash that could have profound impact on the protection of human rights and on the global market.
International Trade Law Seminar (2 credits) - Law 6936
- Through examination of cases illustrating the leading contemporary legal and economic issues in international trade, this advanced seminar provides a deeper understanding of the rules that govern today’s global market. The seminar explores treaties of the World Trade Organization regulating food and product safety, the protection of intellectual property and investments, trade remedies, and agricultural trade, as well as the international resolution of disputes, the place of regional trade agreements such as the North American Free Trade Agreement, and the role of the environment, human rights, and labor in the international trade and business arena.
- “Regional Economic Arrangements and the Rule of Law in the Americas: The Human Rights Face of Free Trade Agreements,” 17 FLA. J. INT’L L. (forthcoming 2005)
- “The Cotton and Sugar Subsidies Decisions: WTO’s Dispute Settlement System Rebalances the Agreement on Agriculture,” DRAKE J. AG. LAW (forthcoming Summer 2005)
- “The Place of Human Rights Law in World Trade Organization Rules,” 16 FLA. J. INT'L L. 219 (2004)
- “WTO and NAFTA Dispute Settlement for North American Agricultural Trade,” chap. 4 in INTERNATIONAL AGRICULTURAL TRADE DISPUTES: CASE STUDIES IN NORTH AMERICA (Calgary Press 2004)
- “Summary of FTAA Chapter on Antidumping, Countervailing Duties, and Subsidies,” Fla. Bar Int’l Law Quarterly Fall 2001THE COMPENDIUM OF FOREIGN TRADE REMEDY LAWS (Amer. Bar Assoc. 1998)(Co-Editor)
- “The Role of United States Trade Laws in Resolving the Florida-Mexico Tomato Conflict,” 11 FLA. J. INT'L L. 319 (1998)
- THE WORLD TRADE ORGANIZATION: MULTILATERAL TRADE FRAMEWORK FOR THE 21ST CENTURY AND U.S. IMPLEMENTING LEGISLATION (Amer. Bar Assoc. 1996)(Co-Editor)
- “Straight Talk about a Complex Issue---The U.S. Standard of Judicial Review of Antidumping and Countervailing Duty Determinations: An Important Challenge for NAFTA Panels,” 19 FORDHAM INT'L L.J. 1451 (1996)(co-author)
- “Unfair Trade Practices: Recent Experience of the United States in Enforcement of the Antidumping and Countervailing Duty Laws Against Brazil,” SEMINAR ON TRADE REMEDIES (Fundao Centro De Estudos de Comrcio Exterior 1995)
- “New Antidumping Procedures under the Uruguay Round Agreements Act,” GATT AND THE WTO: NEW RULES AND NEW OPPORTUNITIES IX (Amer. Conf. Inst. 1995)“Initiation of Investigations,” CHANGES IN U.S. ANTIDUMPING AND COUNTERVAILING DUTY LAWS: AN IN-DEPTH REVIEW 1 (D.C. Bar/Geo. Wash. U. L. Center 1995)
- “Increased Transparency and Due Process in Mexico's Antidumping and Countervailing Duty Laws Under NAFTA,” MEXICO - INVESTMENT AND TRADE: PROGRESS AND PROSPECTS 403 (New York: Prac. Law Inst., 1993)
- “Current Administration of United States Antidumping and Countervailing Duty Laws: Implications for Prospective United States-Mexico Free Trade Talks,” 11 NW. J. INT'L L. & BUS. 177 (1990)(co-author)
- “Oil Refining in U.S. Foreign-Trade Zones,” ENERGY WATCHERS II: PHOENIX-LIKE OPEC AND THE OIL-GAS RELATIONSHIP 99 (Boulder: Int'l Res. Cent. for Energy & Econ. Dev., 1991)(co-author)
- “Globalization of the Production Process and the Unfair Trade Laws,” 2 THE COMMERCE DEPARTMENT SPEAKS 1990 9 (New York: Prac. Law Inst., 1990)(co-author)
- “Administrative Protective Orders before the Department of Commerce,” III INT'L TRADE CMTE. NEWSLTR. 4 (Amer. Bar Assoc., 1989)(co-author)
- “Implementation of the 1988 Trade Act: Amendments to the Antidumping and Countervailing Duty Laws,” II INT'L TRADE CMTE. NEWSLTR. 4 (Amer. Bar Assoc., 1989)(co-author)
- “1988 Amendments to the Antidumping and Countervailing Duty Laws: A Tune-Up for the Vehicles of Fair Trade,” INTERNATIONAL TRADE: COMPETING UNDER THE OMNIBUS TRADE AND COMPETITIVENESS ACT OF 1988 (Washington: Bureau of Nat'l Affairs, 1989)
- “Recent Significant Court Decisions in the Area of Antidumping and Countervailing Duties,” PROC. ANNUAL SPRING MTG., SEC. OF INT. LAW & PRACTICE (Washington: Amer. Bar Assoc., 1989)(co-author)
- “Effect on Petroleum Producers of Omnibus Trade and Competitiveness Act of 1988: Storm Warnings Ahead,” ENERGY WATCHERS I: A "REINTEGRATED" OIL INDUSTRY 97 (Boulder: Int'l Res. Cent. for Energy & Econ. Dev., 1990)
- “Dispute Settlement in Antidumping and Countervailing Duty Cases under the United States-Canada Free-Trade Agreement,” chap. 16 in PRIVATE INVESTORS ABROAD: PROBLEMS AND SOLUTIONS IN INTERNATIONAL BUSINESS IN 1988 (Matthew Bender 1989)
- “International Energy Trade and the Unfair Trade Laws,” 11 U. PA. J. INT'L BUS. L. 339 (1989)(co-author)
- “Ramifications of U.S. Trade and National Security Laws for Petroleum Imports,” 14 J. ENERGY & DEV. 293 (1989)(co-author)
- “Disciplining the Agency, the Litigants, and the Court: Extraordinary Remedies,” PROC. OF THE U.S. CT. OF INT'L TRADE, FIFTH ANNUAL JUDICIAL CONFERENCE (1988)(co-author)
- “Application of the U.S. Antidumping and Countervailing Duty Laws to the U.S.S.R.,” PROC. OF FIRST U.S.- U.S.S.R. LEGAL SEMINAR ON TRADE AND ECONOMIC RELATIONS (1988)
- “Antidumping Law and the United States-Canada Free Trade Agreement: Possible Next Steps,” UNITED STATES/CANADA FREE TRADE AGREEMENT: THE ECONOMIC AND LEGAL IMPLICATIONS 415 (ABA Nat'l Inst. 1988)
- “Impact of the Court of International Trade on the Department of Commerce's Administration of the Antidumping and Countervailing Duty Laws,” 10 B.C. INT'L & COMP. L. REV. 181 (1987)(co-author)
- “Commerce Procedures for Imposing Sanctions for Violation of An Antidumping or Countervailing Duty Protective Order,” 2 THE COMMERCE DEPARTMENT SPEAKS 1987 159 (Prac. Law Inst. 1987)
- “Stare Decisis in the Court of International Trade: One Court or Many?,” U.S. TRADE LAW & POLICY 351 (Prac. Law Inst. 1987)(co-author)
- “Recent Developments under the Trade Agreements Act of 1979,” PROC. OF FOURTH U.S.-P.R.C. JOINT LEGAL SEMINAR (1985)
- “The Legal Nihilism of Pashukanis,” 20 U. FLA. L. REV. 18 (1967)“Evidence: Lie Detector Tests,” 18 U. FLA. L. REV. 527 (1965)