Raj Bhala

Photo of Raj Bhala

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).[1] 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.[2]

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.[3]

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.[4]

Bhala’s articles appear in general and international law reviews, and five are in The International Lawyer,[5] the award-winning, peer-reviewed journal of the American Bar Association (ABA) Section of International Law, which circulates worldwide to over 15,000 readers.[6] The Arizona Journal of International and Comparative Law publishes the annual WTO Case Review, which Bhala co-authored since its inception in 2000.[7]

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).[8] The Appellate Body of the World Trade Organization (WTO) cited the 1st edition of the treatise,[9] and its 2nd edition received scholarly attention.[10]

He also has authored the textbook International Trade Law, which has been cited by United States federal courts,[11] 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.[12] The latest edition, with the sub-title "An Interdisciplinary, Non-Western Textbook," is in two volumes,[13] and has been endorsed by 19 trade experts in 10 different countries, including Professor Jagdish Bhagwati and President Michael Young.[14]

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)).[15][16] He has spoken out against state anti-Sharia legislation, arguing it is unfair and bad for business.[17] The textbook has received media attention, such as after the November 2015 Paris attacks,[18] and has been reviewed as a "brilliant and much-needed resource".[19] It is in its second edition.[20]

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.[21] Like non-Islamic countries, most of them impose tariffs on these products, possibly for moral, secularist, legal, or economic reasons.

Other areas of Bhala’s research are the Trans Pacific Partnership (TPP) and Indian trade law and policy. Via scholarly presentations and media appearances in India, he urged India to consider joining TPP.[22] Speaking in Riyadh at the Council of Saudi Chambers of Commerce and Harvard Alumni Association of Saudi Arabia (HASA), he discussed reorienting Saudi trade law and policy toward the Asia-Pacific region.[23]

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.[24]

Legal career

Upon graduation from Harvard Law School, Bhala practiced as an attorney with the legal department of the Federal Reserve Bank of New York (1989–93), specializing in three areas: payment systems, foreign exchange, and enforcement. The New York Fed twice (November 1990 and December 1992) awarded him its President's Award for Excellence, in part for his work as a United States delegate to the United Nations Convention on International Trade Law (UNCITRAL) in drafting the 1992 Model Law on International Credit Transfers,[25] for which he also received a Letter of Commendation from the U.S. State Department (September 1991). Subsequently, he wrote books in each of these three areas.[26][27][28] Bhala is an International Legal Consultant for The Al Ammari Law Firm, in association with Blake, Cassels & Graydon LLP., in Bahrain and Saudi Arabia.[29]

He then held his first academic post (1993–98) at the Marshal-Wythe School of Law at William & Mary. At his second post (1998-2003) at the George Washington University School of Law in Washington, D.C., Bhala held the Patricia Roberts Harris Research Professorship.

Bhala joined the Kansas University law faculty in 2003, where he teaches courses in international trade law, advanced international trade law, and Islamic law.[30] For his teaching and advising there, he received the Kemper Teaching Award (2008), George and Eleanor Woodyard International Educator Award (2011), and Moreau Award (2012 and 2015) [31] Bhala also serves as an instructor at the Command and General Staff College, Fort Leavenworth, Kansas, where he teaches Islamic Law.[32] He has been a Visiting Professor at the law schools of Washington University in Saint Louis (2014), University of Michigan (1999), and Duke University (1996). Outside the United States, he has taught courses at the Heidelberg Centre for Latin America (Santiago, Chile, 2012), World Trade Institute (Berne, Switzerland, 2003 and 2004), LaTrobe University (Melbourne, Australia, 2003), University of Auckland (2003), University of London (1997), and been a Research Fellow at the University of Hong Kong (2009) and Visiting Scholar at the Bank of Japan (Tokyo, 1999), and lectured widely in India (2004, 2012, and 2014).[33][34] Bhala negotiated Memoranda of Understanding (MOUs) for the University of Kansas School of Law with foreign law faculties in India.[35] In March 2014, CNBC TV-18 in India interviewed Bhala for his views on Indo-U.S. trade disputes.[36] Following resolution of the dispute over public stockpiling of food for security, the London-based Oval Observer Foundation interviewed him about Indian trade policy and the future of free trade agreements (FTAs) and the World Trade Organization (WTO).[37]

In January 2014, Bhala was one of over 80 Distinguished Professors in Kansas to sign a letter calling for suspension and ultimate repeal of the Social Media Policy adopted the previous month by the state’s Board of Regents.[38] The letter was published simultaneously in The Lawrence Journal World, The Manhattan Mercury, and The Topeka Capital Journal.[39] The Policy attracted nationwide condemnation, including from the American Association of University Professors, (AAUP)[40] and jointly from the American Civil Liberties Union (ACLU), Foundation for Individual Rights in Education (FIRE), and National Coalition Against Censorship (NCAP).[41] Bhala also expressed his concern about the scope of the Policy on television.[42] In April 2014, along with 80 other Distinguished Professors from across Kansas, he signed a petition in favor of a revised Policy. The revision was published widely, and widely supported, but, the Regents essentially rejected it, retaining the controversial elements concerning speech that undermines harmony at, or efficient operation of, a university.[43][44][45]

In October 2014, Bhala appeared on the TV comedy show, The Not So Late Show.[46] In December 2014, he commented in a TV interview that the release of the U.S. Senate report on enhanced interrogation techniques (torture) by the CIA showed not only a disconnect between the myth and reality of American support for human rights, but also (ultimately) the strength of America and its commitment to the rule of law.[47] In a New Zealand radio interview, Bhala spoke about the meaning of "enhanced interrogation techniques," and the lack of any justification for torture.[48]

In December 2015, Bhala was one of 70 Kansas University Distinguished Professors to sign a letter of protest against a change in state law allowing the carrying of concealed weapons on campus.[49]

Publications

Affiliations

Bhala is a member of the Council on Foreign Relations (United States), and Gateway House (the Indian Council on Global Relations), and a life member of the Indian Society of International Law. He is also a member of the Royal Society for Asian Affairs (England), All India Law Teachers Congress (India), American Law Institute, Fellowship of Catholic Scholars, International Bar Association, and Inter-Pacific Bar Association.

Bhala serves on the Editorial Advisory Board of Carolina Academic Press, where he also is the general editor for its studies on globalization and society. Bhala has served on the Publishing Advisory Board of LexisNexis.

Bhala is on the editorial boards of international law journals, including the Indian Journal of International Economic Law,[51] and Manchester Journal of International Economic Law.[52]

He is a member of the International Council of the Harris Institute for World Law at Washington University in Saint Louis.[53]

References

  1. ↑ "California Western Welcomes University of Kansas Professor for Guest Lecture on International Law :: California Western School of Law". Kintera.org. 2011-03-17. Retrieved 2013-11-16.
  2. ↑ Raj Bhala (July 2013). CV – Raj Bhala http://law.ku.edu/bhala
  3. ↑ 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").
  4. ↑ 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.
  5. ↑ "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
  6. ↑ http://www.americanbar.org/groups/international_law/publications/the_international_lawyer.html
  7. ↑ http://arizonajournal.org/?cat=4
  8. ↑ 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.
  9. ↑ 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).
  10. ↑ 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.
  11. ↑ 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)
  12. ↑ See Carmine Gorga, "Book Review," 2004-05, Journal of Markets & Morality 7, 567-70; Book Review, March 2004, American Society of International Law Newsletter.
  13. ↑ http://www.youtube.com/watch?v=LY2XVBlZ_nE
  14. ↑ http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=10893 - ; http://www.cap-press.com; Bhala, Rakesh (2015), International Trade Law: An Interdisciplinary, Non-Western Textbook, pages v-xi. New Providence, New Jersey: LexisNexis, 2015
  15. ↑ Callahan, Kim (2012-08-19). "Law professor's innovative scholarship puts KU on global map / LJWorld.com". .ljworld.com. Retrieved 2013-11-16.
  16. ↑ http://www.youtube.com/watch?v=Uy91hIavLRU
  17. ↑ 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
  18. ↑ Micheal D. Mahoney (2015-11-17), Professor Says Key to Stopping ISIS May Be To Cut Off Money, KMBC TV Channel 9 (Kansas City), http://www.kmbc.com/news/professor-says-key-to-stopping-isis-may-be-to-cut-off-money/36509420; Micheal D. Mahoney (2015-11-17), Some KU Students Study Shari’a Law, KMBC TV Channel 9 (Kansas City), http://www.kmbc.com/news/some-ku-students-study-sharia-law/36504830
  19. ↑ http://www.lexisnexis.com/legalnewsroom/international-law/b/international-law-blog/archive/2015/01/05/book-review-quot-a-brilliant-much-needed-resource-quot-raj-bhala-s-understanding-islamic-law-shari-a-by-john-balouziyeh.aspx#sthash.QQ6uPC1s.dpuf, John Balouziyeh, "A Brilliant, Much-Needed Resource" – Raj Bhala’s Understanding Islamic Law (Sharī‘a), LexisNexis Legal Newsroom, International Law, 5 January 2015
  20. ↑ http://www.cap-press.com; ""Raj Bhala | School of Law". Law.ku.edu. Retrieved 2016-01-28.
  21. ↑ "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
  22. ↑ http://www.youtube.com/watch?v=5OshTZNh0qg, Oval Observer Foundation, London, Professor Raj Bhala on Indian Trade Policy and Mega Regional Trade Deals, Dec. 21, 2014; (2014-3-4), What’s Up with Indo-U.S. Trade Ties?, CNBC TV 18 (Mumbai, India), thefirm.moneycontrol.com/video_page.php?autono=1051631&video_flag=1
  23. ↑ http://www.csc.org.sa/English/News/Pages/14oom.aspx, http://www.spa.gov.sa/viewphotonews.php?id=1357858&pic=, Council of Saudi Chambers, "The Kingdom and International Trade Developments:" Agreements to Enhance Kingdom's Benefits from International Trade (April 2015); "Raj Bhala | School of Law". Law.ku.edu. Retrieved 2016-01-28.
  24. ↑ "Raj Bhala | School of Law". Law.ku.edu. Retrieved 2013-11-16.
  25. ↑ http://www.uncitral.org/uncitral/en/uncitral_texts/payments/1992Model_credit_transfers.html
  26. ↑ Bhala, Rakesh (1993). Wire Transfers. Chicago, IL: Irwin/Probus.
  27. ↑ Bhala, Rakesh (1994). Foreign Bank Regulation After BCCI. Durham, NC: Carolina Academic Press.
  28. ↑ Bhala, Rakesh (1997). The Law of Foreign Exchange. Durham, NC: Carolina Academic Press.
  29. ↑ Blake, Cassels & Graydon
  30. ↑ "Raj Bhala | School of Law". Law.ku.edu. Retrieved 2013-11-16.
  31. ↑ "Raj Bhala | School of Law". Law.ku.edu. Retrieved 2016-01-28.
  32. ↑ "KU professor teaches Sharia law at CGSC | Article | The United States Army". Army.mil. Retrieved 2013-11-16.
  33. ↑ Miller, Kate (2014-04-15), "KU Law Partners with Indian Law Schools." University Daily Kansan. http://kansan.com/news/2014/04/15/ku-law-partners-with-indian-law-schools/
  34. ↑ Sharp, Emily (2014-04-10), "KU Law Partners with Top Indian Law Schools." KU Today. http://www.news.ku.edu/ku-law-partners-indias-top-law-schools
  35. ↑ Emily Sharp, April 10, 2014, "KU Partners with India’s Top Law Schools," KU Today, http://news.ku.edu/ku-law-partners-indias-top-law-schools
  36. ↑ http://thefirm.moneycontrol.com/video_page.php?autono=1051631&video_flag=1
  37. ↑ https://www.youtube.com/watch?v=5OshTZNh0qg
  38. ↑ "Dear Kansas Board of Regents" (2014-12-01), Lawrence Journal-World, page A4; Nick DeSantis (2014-10-01), "Kansas Regents Are Urged to Suspend Social-Media Policy During Review," The Chronicle of Higher Education, http://chronicle.com/blogs/ticker/kansas-regents-are-urged-to-suspend-social-media-policy-during-review/71257.
  39. ↑ Phil Nel, Nine Kinds of Pie, http://www.philnel.com/2014/01/12/ksukudp/ (containing the letter as published in the Lawrence Journal World, Manhattan Mercury, and Topeka Capital Journal).
  40. ↑ "AAUP Statement on the Kansas Board of Regents Social Media Policy" (2013-20-12), http://www.aaup.org/file/KansasStatement.pdf.
  41. ↑ Letter to Fred Logan, Chair, Kansas Board of Regents (2013-12-20), from Will Creeley Director of Legal and Public Advocacy, Foundation for Individual Rights in Education, Joan Bertin, Executive Director, National Coalition Against Censorship, Doug Bonney, Chief Counsel and Legal Director, American Civil Liberties Union Foundation of Kansas, http://thefire.org/public/pdfs/19221a653d03dee41443cb18befe9c73.pdf?direct; Susan Kruth (2014-01-02), "Kansas Board of Regents to Review Controversial Social Media Policy," FIRE – Foundation for Individual Rights in Education, http://thefire.org/article/16622.html; Michael A. Smith (06-01-2014), "Be Sure to Bring Your Gun," The Salina Journal, Salina.com, http://www.salina.com/editorials/Smith-column-for-Monday--Jan--6--2014.
  42. ↑ Craig Andres (2014-10-01), "Free Speech Battle Heats Up," KSN TV Channel 3 (NBC News, Wichita), http://www.ksn.com/news/local/free-speech-battle-heats-up.
  43. ↑ Llopis-Jepsin, Celia, "Faculty Remain Skeptical of Regents Social Media Policy." Topeka Capital-Journal. http://cjonline.com/news/2014-04-19/faculty-remain-skeptical-regents-social-media-policy
  44. ↑ Associated Press (2014-04017), "Kansas Regents Stick with Social Media Policy for Universities." Kansas City Star. http://www.kansascity.com/2014/04/17/4966783/kansas-regents-stick-with-social.html
  45. ↑ Shelly, Barbara (2014-04-17), "Kansas Regents Double Down on Repressive Social Media Policy." Kansas City Star. http://www.kansascity.com/2014/04/17/4966691/kansas-regents-double-down-on.html
  46. ↑ http://www.youtube.com/watch?v=hYMzCNOUP3o, and http://6lawrence.com/not-so-late-show-clips/12058-the-not-so-late-show-raj-bhala-interview
  47. ↑ http://www.kmbc.com/news/ku-professor-torture-reports-release-shows-us-strength/30148362
  48. ↑ http://www.95bfm.co.nz/assets/sm/219198/3/raj.mp3
  49. ↑ http://www2.ljworld.com/news/2015/dec/07/ku-chancellor-distinguished-professors-state-oppos/, KU Chancellor, Distinguished Professors State Opposition to Guns on Campus, Lawrence Journal World, Dec. 7, 2015; http://www.kansan.com/news/ku-distinguished-professors-endorse-kansas-state-professors-position-on-restricting/article_0a0548fe-9d20-11e5-bac2-bb8e64957771.html, 68 KU Distinguished Professors Endorse Kansas State Professors’ Position on Restricting Concealed Weapons on Campus, University Daily Kansan, Dec. 7, 2015. 
  50. ↑ Rothschild, Scott (2014-04-16), "Regents Leaders Remain Committed to Disciplinary Aspects of Social Media Policy." Lawrence Journal-World. http://m.ljworld.com/news/2014/apr/16/regents-leaders-remain-committed-disciplinary-aspe/
  51. ↑ https://www.nls.ac.in/index.php?option=com_content&view=article&id=12:indian-journal-of-international-economic-law-&catid=1:publications
  52. ↑ https://www.electronicpublications.org/catalogue.php?id=48#board
  53. ↑ "WULS: Whitney R. Harris World Law Institute". Law.wustl.edu. Retrieved 2013-11-16.
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