Mr. Jan BohanesSenior Counsel
+41 22 919 21 23

Biography

Mr. Jan Bohanes joined the ACWL in September 2010. Previously, he was a member of the Secretariat of the WTO’s Appellate Body from 2002 to 2006. In that capacity, he provided legal and administrative support to Appellate Body Members in appeals of WTO panel reports, as well as in arbitration proceedings to determine the reasonable time for compliance with adverse WTO rulings. He also participated in the WTO’s technical cooperation and training activities both in Geneva and abroad.

Upon leaving the WTO, Mr. Bohanes worked for several years as associate attorney in the Geneva office of Sidley Austin LLP. Mr. Bohanes advised both governments and commercial stakeholders on all issues related to WTO law and dispute settlement proceedings, including trade remedies, sanitary and phytosanitary measures, technical barriers to trade, agricultural subsidies, customs valuation, and tax discrimination. He appeared before both WTO panels and the Appellate Body.

Mr. Bohanes is a Czech and Austrian national. He holds a law degree from the University of Vienna; a doctorate in European law from the University of Vienna; a Master of Laws (LL.M.) from Columbia University; as well as a Master of Arts (M.A.L.D.) degree in international relations from the Fletcher School of Law and Diplomacy. He speaks regularly at conferences, and has taught and lectured at the Universities of Lausanne and Barcelona, at the World Trade Institute in Bern, at Harvard University and at Jiaotong University in Xi’An (China). He is fluent and works in English, French, German, Portuguese and Spanish; he also speaks Czech (native), intermediate Mandarin Chinese (HSK 5), and intermediate Russian.

Publications

Mr. Bohanes is a member of the New York Bar. He has published numerous articles, chapters and book reviews, as well as edited volumes, including:

Edited Volumes:

  • The WTO in the Twenty-First Century: Dispute Settlement, Negotiations, and Regionalism In Asia (Co-edited with Yasuhei Taniguchi and Alan Yanovich) (Cambridge University Press, 2007).
  • The WTO at 10: The Role of the Dispute Settlement System (co-edited with Giorgio Sacerdoti and Alan Yanovich) (Cambridge University Press, 2006).

 

Articles, Chapters, Working Papers, and Book Reviews:

  • Developing WTO Members as Users and Targets of Anti-dumping Policy (2021), in Global Trade and Customs Journal 16 (10), pp. 531 – 536.
  • Use of Public International Law by WTO Panels and the Appellate Body, in Practical Aspects of WTO Litigation (Marco Tulio Molina, ed.) (with Panagiotis Kyriakou) (Kluwer Law International, 2020).
  • Overview of WTO Jurisprudence in 2016, European Yearbook of International Economic Law (EYIEL) 8 (2017), pp. 425-483 (with Panagiotis Kyriakou, Christian Vidal, and Tatiana Yanguas)
  • Overview of WTO Jurisprudence in 2015 Involving the EU as a Main Party and Selected Cases with Third-Party Participation by the EU, European Yearbook of International Economic Law (EYIEL) 8 (2017), pp. 597 – 626 (with Kholofelo Kugler)
  • Sealing Off Asbestos: The Appellate Body’s Interpretation and Application of the ‘Product Characteristics’ Criterion Within the Definition of a ‘Technical Regulation’ in the TBT Agreement (2016) Global Trade and Customs Journal 11 (9), pp. 396–405 (with Kholofelo Kugler and Maria Graciela Base)
  • Overview of WTO Jurisprudence in 2014, European Yearbook of International Economic Law (EYIEL) 7 (2016), pp. 651 – 702 (with Alejandro Sanchez and Alexandra Telychko)
  • WTO Dispute Settlement and Industrial Policy, Think Piece for the E15 Expert Group on Reinvigorating Manufactuing: New Industrial Policy and the Trade System (2015), ICTSD and World Economic Forum, available at http://e15initiative.org/wp-content/uploads/2015/09/E15-Industrial-Policy-Bohanes-FINAL.pdf
  • Overview of WTO Jurisprudence in 2013, European Yearbook of International Economic Law (EYIEL) 6 (2015), pp. 337 – 390 (with Karolyn Salcedo)
  • Going Beyond Stereotypes: Participation of Developing Countries in WTO Dispute Settlement, 4(1) Trade, Law and Development Journal 2012 (Special Issue: Dispute Settlement at the WTO), 45 – 124 (with Fernanda Garza) (available online at www.tradelawdevelopment.com)
  • ‘Automatic’ Discovery Procedures in the WTO – The Treatment of Annex V to the SCM Agreement in the Appellate Body Reportin United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing), Global Trade and Customs Journal 7(10), 441 – 446 (2012) (with Diego Rueda García)
  • Case Note Part Two: Appellate Body Report inUnited States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing– Part II – Serious Prejudice, Global Trade and Customs Journal 7(10), 396 – 405 (2012) (with Diego Rueda García)
  • Case Note Part One: Appellate Body Report inUnited States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353) (US – Boeing), Global Trade and Customs Journal 7(9), 365 – 378 (2012) (with Diego Rueda García)
  • Book Review: Gregory Shaffer’s & Ricardo Meléndez-Ortiz (eds), Dispute Settlement at the WTO.  The Developing Country Experience, World Trade Review (2012) 11:4, 641 – 648
  • United States – Certain Measures Affecting Imports of Poultry from China: the fascinating case that wasn’t (Comment), World Trade Review, 11 (Special Issue 2), 307 – 325 (2012)
  • Case Note on Panel Report in US – Boeing, Global Trade and Customs Journal 6(9), 397 – 417 (2011).
  • WTO Panel Report on China IPR: A Mixed Result(1 March 2009) (with Adrian Emch), China Law & Practice, pp. 19-20, March 2009 (available also at SSRN: http://ssrn.com/abstract=1516907).
  • Standard of Review in WTO Law(co-authored with Nicolas Lockhart), in The Oxford Handbook of International Trade Law (Daniel Bethlehem, Donald McRae, Rodney Neufeld and Isabelle Van Damme eds.), 378 – 436, (Oxford University Press, 2009).
  • The (Untapped) Potential of WTO Rules to Discipline Private Trade-Restrictive Conduct(co-authored with Iain Sandford, Social Science Research Network, at papers.ssrn.com/sol3/papers.cfm?abstract_id=1166623.
  • Article X GATT(co-authored with Hunter Nottage), in: Trade in Goods, Max Planck Commentaries on World Trade Law, Vol. 5 (Rüdiger Wolfrum & Peter-Tobias Stoll & Holger Hestermeyer (eds.)), (Martinus Nijhoff Publishers, forthcoming, Leiden 2010).
  • Arbitration as an Alternative to Litigation in the WTO: Observations in the Light of the 2005 Banana Tariff Arbitrations (co-authored with Hunter Nottage), in The WTO in the twenty-first century: Dispute Settlement, Negotiations, and Regionalism in Asia (Co-edited with Yasuhei Taniguchi and Alan Yanovich, Cambridge University Press, 2007).
  • The European Communities’ Common Commercial Policy – A View from the Outside, in Die Aussenbeziehungen der Europaeischen Union (“External Relations of the European Union”) (Stefan Kadelbach ed.) (Nomos 2006).
  • Reflections on Judicial Economy in WTO Dispute Settlement(co-authored with Andreas Sennekamp), in The WTO at 10: The Role of the Dispute Settlement System (Giorgio Sacerdoti, Alan Yanovich and Jan Bohanes eds.), 460-488 (Cambridge University Press, 2006).
  • Food Regulation and Trade. Toward a Safe and Open Global Trading System (Tim Josling, Donna Roberts and David Orden), Book review, 8 Journal of International Economic Law 3, 793–802 (2005).
  • Transatlantic Economic Disputes: The EU, the US and the WTO(Petersmann and Pollack eds.), Book review, 8 Journal of International Economic Law 1, 280-287 (2005).
  • Risk Regulation and WTO Law: A Procedure-Based Approach to the Precautionary Principle, 40 Columbia Journal of Transnational Law 101 – 171 (2002).
To contact Mr. Bohanes, email to: jan.bohanes@acwl.ch.

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