Mark Wu

Assistant Professor of Law

Biography

Mark Wu is an Assistant Professor at Harvard Law School.  His research focuses on international trade law, including issues concerning emerging economies, digital trade, intellectual property, trade remedies, environment, and investment. 

At Harvard, Wu is a Faculty Director of the Berkman Klein Center for Internet and Society. He serves as a member of the Faculty Advisory Committees of the East Asian Legal Studies Program and the Fairbank Center for Chinese Studies. He is also a Faculty Associate of Harvard University’s Center for the Environment.

In 2016, he was appointed by the World Trade Organization to serve on the Advisory Board for the WTO Chairs Programme.  Wu also serves on the World Economic Forum’s Global Future Council on Trade and Foreign Direct Investment.  In addition, he works with the World Bank on assessing trade agreements and serves on multiple expert groups convened by the International Centre for Trade and Sustainable Development.  He is an Editorial Board member of the World Trade Review and of the World Intellectual Property Organization’s series on intellectual property, innovation and economic development.     

Prior to academia, Wu served as the Director for Intellectual Property in the Office of the U.S. Trade Representative.  He was the lead U.S. negotiator for the IP chapters of several free trade agreements. He continues to serve as a principal liaison to the Trade and Environment Policy Advisory Committee.

Before government service, Wu worked as a management consultant at McKinsey & Co. where he led engagements in technology sectors. He began his career as an economist and operations officer with the World Bank in China, working on environmental, urban development, health and rural poverty issues.  He also worked briefly as an economist for the United Nations Development Programme in Namibia.

Wu received his J.D. from Yale Law School, his M.Sc. in Development Economics from Oxford University (where he studied as a Rhodes Scholar), and his A.B. summa cum laude in Social Studies and East Asian Studies from Harvard University.  

Areas of Interest

Mark Wu, The 'China, Inc.' Challenge to Global Trade Governance, 57 Harv. Int'l L.J. 261 (2016).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Trade Regulation
,
International Trade
,
International Law
Type: Article
Abstract
In the past decade, the World Trade Organization (WTO) has adjudicated over forty disputes involving China and other powerful economies. These cases are often trumpeted as a sign of the enduring strength of the trade regime and the efficacy of international law in managing geopolitical tensions associated with China’s rise. This Article suggests that this positive assessment obfuscates dangers lurking on the horizon. It explains why the rise of China presents a major challenge to the multilateral trade regime. At the heart of this challenge is the fact that China’s economic structure is sui generis — having evolved in a manner largely unforeseen by those negotiating WTO treaty law. As a result, the WTO is equipped to deal effectively with only a limited range of disputes — those in which Chinese policies largely resemble elements of other alternative economic structures. Outside of this set of issues, the WTO faces two very different but equally serious challenges. The first is reinterpreting certain legal concepts to adapt and fit an unforeseen Chinese context. The second is deciding whether to expand the scope of its legal rules to accommodate issues that currently fall outside its jurisdiction. This Article explores options for meeting these challenges. It suggests that the most likely outcome is one in which China’s rise will exacerbate the diminishing centrality of WTO law for global trade governance.
Mark Wu, Rethinking the Temporary Breach Puzzle in International Trade Law: A Window on the Future of Trade Conflicts, 40 Yale J. Int’l L. 97 (2015).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
Type: Article
Abstract
The World Trade Organization (WTO) is held out as an exemplar of an effectively functioning international “court.” Yet, a puzzle remains unexplained: in WTO litigation, a respondent found to have enacted an illegal trade policy measure needs only to remedy the illegality. So long as it does, the WTO lacks the authority to order retrospective remedies to be paid to the complainant for past harm. The remedies loophole provides countries with a “free pass” for temporary breach. Why do more countries not take advantage of this pass more frequently? How is it that the WTO manages to function effectively in spite of its imperfect remedies? This Article suggests that the key to understanding the answer to this puzzle lies in the importance of power asymmetries in a WTO system that is dynamic and evolving. It identifies a series of policy instruments available to a powerful country whenever its trading partner is tempted to undertake a temporary breach that harms the powerful state’s interests. These instruments create additional costs that offset the benefit of any temporary breach, thereby effectively deterring most, albeit not all, temporary breaches. In addition, the established powers share a collective interest in maintaining the WTO system’s stability. This also causes them to exercise collective self-restraint in their own exercise of temporary breaches. The answer to this puzzle is of more than just academic importance. It also sheds important light on the future of the international trade regime. As geopolitical power shifts and trade among developing countries increases, particular countries may find it more tempting to engage in temporary breaches under certain circumstances. This Article examines the nature of these emergent conflicts and discusses its implications for the future of the global trading regime.
Mark Wu & James Salzman, The Next Generation of Trade and Environment Disputes: The Rise of Green Industrial Policy, 108 Nw. U. L. Rev. 401 (2014).
Categories:
International, Foreign & Comparative Law
,
Environmental Law
Sub-Categories:
Climate Change
,
International Law
,
International Trade
,
Trade Regulation
Type: Article
Abstract
This paper examines the extent to which the international trade regime impacts the international investment regime. While commentators have identified rich areas of cross-fertilization and suggested increasing convergence between the two regimes, the evidence reveals only a limited and selected degree of influence. Specific attention is paid to four areas: the design and architecture of the investment regime; the patterns of investment treaty formation; the substance of investment treaty provisions; and treaty interpretation. Across these four areas, interactions between the two regimes remain sporadic and decentralized. Given the different normative orientations of the two regimes, one should not expect growing rapprochement in the foreseeable future between the two regimes.
Mark Wu, Indian Corporations, the Administrative State, and the Rise of Indian Trade Remedies, in The Indian Legal Profession in the Age of Globalization (David Wilkins et al. eds., forthcoming 2017).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
,
Trade Regulation
Type: Book
Mark Wu, Indian Corporations, the Administrative State, and the Rise of Indian Trade Remedies, in The Indian Legal Profession in the Age of Globalization (David Wilkins et al., eds., forthcoming 2017).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
Type: Book
Kamal Saggi & Mark Wu, Understanding Agricultural Price Range Systems as Trade Restraints: Peru–Agricultural Products, 15 World Trade Rev. 259 (2016).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
Trade Regulation
,
International Law
Type: Article
Mark Wu, It is Unwise to Negotiate Free Trade Behind Closed Doors, Fin. Times, May 27, 2015, Op-Ed, at 7.
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
Trade Regulation
,
International Law
Type: Other
Michael O. Moore & Mark Wu, Antidumping and Strategic Industrial Policy: Tit-for-Tat Trade Remedies and the China–X-Ray Equipment Dispute, 14 World Trade Rev. 239 (2015).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Trade Regulation
,
International Law
,
International Trade
Type: Presentation
Mark Wu, The WTO and China’s Unique Economic Structure, in Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism (B. Liebman & C. Milhaupt eds., 2015).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
,
East Asian Legal Studies
Type: Book
Mark Wu, The WTO and China’s Unique Economic Structure, in Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism (B. Liebman & C. Milhaupt eds., 2015).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
East Asian Legal Studies
,
International Law
,
International Trade
Type: Book
Mark Wu, A Free Pass for China, N.Y. Times, Apr. 3, 2014.
Categories:
International, Foreign & Comparative Law
Sub-Categories:
East Asian Legal Studies
,
International Law
,
International Trade
,
Trade Regulation
Type: Other
Mark Wu & Chad Brown, Safeguards and the Perils of Preferential Trade Agreements: Dominican Republic–Safeguard Measures, 13 World Trade Rev. 179 (2014).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
Type: Article
Mark Wu, The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime, in The Foundations of International Investment Law 169 (Zachary Douglas, Joost Pauwelyn & Jorge E. Vinuales eds., 2014).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
Type: Book
Abstract
6 The Scope and Limits of Trade's Influence in Shaping the Evolving International Investment Regime Mark Wu* 1. Introduction Trade and investment are inextricably linked, not just in practice but also in treaty law. Since the earliest days of ...
Mark Wu, The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime, in The Foundations of International Investment Law 169 (Zachary Douglas, Joost Pauwelyn & Jorge E. Vinuales eds., 2014).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
International Law
Type: Book
Mark Wu, Why Developing Countries Won’t Negotiate: The Case of the WTO Environmental Goods Agreement, 6 Trade, L. & Dev. 93 (2014).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
Trade Regulation
Type: Article
Abstract
This Article examines the question of why very few developing countries have chosen to participate in the WTO negotiations for a plurilateral Environmental Goods Agreement. The conventional belief is that developing countries have export interests at stake in environmental goods, but are avoiding the talks because of competing desires to preserve high tariff rates to protect domestic industries and/or to express their dissatisfaction with the current mode of negotiations. This Article proposes an alternative interest-based explanation: Most developing countries stand to gain very little from the talks, as they are currently structured. More important than the countervailing forces emphasized by the conventional explanation is the simple fact that developing countries, other than China, simply do not have sufficient interests at stake to join the negotiations. Drawing on original analyses of recent trade flows in environmental goods from various developing countries, the Article highlights the following: First, very few developing countries have much at stake in terms of exports. Second, among those that do export, many already have reaped significant tariff benefits through negotiations in other fora. Third, developing countries can achieve remaining objectives through free riding. Finally, the predominance of intra-developing country trade minimizes gains from a treaty dominated by advanced economies. Together, these explanations account for why most developing countries have little to gain – contrary to the conventional belief that many have interests at stake. For those who may find the lack of developing country participation to be troubling, this Article explores several potential options to entice more developing countries to join the negotiations. Overall, the Article suggests that the key to increasing the participation of developing countries will be to expand the scope of the negotiations beyond what is currently on offer, to include other environmental goods, services, and/or non-tariff barriers.
Kamal Saggi & Mark Wu, Yet Another Nail in the Coffin of Zeroing: United States – Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil, 12 World Trade Rev. 377 (2013).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
International Law
,
Trade Regulation
Type: Article
Mark Wu & Petros C. Mavroidis, The Law of the World Trade Organization (2d ed. 2013).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
Trade Regulation
,
International Law
Type: Book
Abstract
This volume discusses the law of the World Trade Organization (WTO), the global forum for trade liberalization.
Mark Wu, Antidumping in Asia's Emerging Giants, 53 Harv. Int'l L.J. 101 (2012).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
East Asian Legal Studies
,
International Law
,
International Trade
,
Trade Regulation
Type: Article
Petros C. Mavroidis, George A. Bermann & Mark Wu, The Law of the World Trade Organization (2010).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
International Law
,
Trade Regulation
Type: Book
Mark Wu, Why Not Brussels? EC State Aid Rules and the Boeing-Airbus Dispute, in The Law and Economics of Contingent Protection in International Trade (Kyle Bagwell et al. eds., 2009).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
Type: Book
Mark Wu, Why Not Brussels? EC State Aid Rules and the Boeing-Airbus Dispute, in The Law and Economics of Contingent Protection in International Trade (Kyle Bagwell et al. eds., 2009).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
International Trade
Type: Book
Mark Wu, Free Trade and the Protection of Public Morals: An Analysis of the Newly Emerging Public Morals Clause, 33 Yale J. Int'l L. 215 (2008).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Trade
,
International Law
,
Trade Regulation
Type: Article
Mark Wu, Piercing China's Corporate Veil, 117 Yale L.J. 329 (2007).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
East Asian Legal Studies
,
International Law
,
International Trade
Type: Article
Mark Wu, China's Currency Isn't Our Problem, N.Y. Times, Jan, 18, 2011, Op-Ed, at A25.
Categories:
International, Foreign & Comparative Law
Sub-Categories:
East Asian Legal Studies
,
International Trade
,
Trade Regulation
,
International Law
Type: Other

Current Courses

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