SANFORD E. GAINES Guest Professor Aarhus University Aarhus, Denmark Tel: +45 8948 8967 Email: SGaines@asb.dk EDUCATION J.D. cum laude, Harvard Law School, 1974. M.A., East Asian Regional Studies, Harvard University, 1974. National Defense Foreign Language Fellowship A.B. magna cum laude, Harvard College, 1967. Harvard College Scholarship (honorary) EXPERIENCE Director, The Utton Transboundary Resources Center, University of New Mexico School of Law (2007-2009). Directed the Center s programs regarding management of natural resources shared by two or more jurisdictions. The Center promotes dialogue for effective resource management, formulates proposals for rules and institutions, and produces conferences, educational materials, and publications. As director, I actively participated in and promoted the Center s work, including a major national conference on reserved Indian water rights in June, 2008. University of Houston Law Center, 1986-2007 (on leave 1992-94); Law Foundation Professor, 2002-07; Professor, 1996-2002; Assoc. Professor, 1986-96; Co-Director, Mexican Legal Studies Program (1994-99, 2001); Director, Environmental Liability Law Program (1986-92). Taught courses in U.S. and international environmental law, international trade, and administrative law. Co-directed (with Mexican professor) program on Mexican law for U.S. students in Mexico City. Directed interdisciplinary research on liability for environmental damage and prevention of environmental harms. Visiting Professor, Lewis and Clark Law School, 2004-05. Visiting Professor, University of Arizona James E. Rogers College of Law, fall, 2003. Fulbright Senior Lecturer, University of Aarhus, Denmark, spring 2000. Visiting Professor, Philipps University, Marburg, Germany, summer 1989. Executive Director, The North American Institute, Santa Fe, NM, 1996-99. On part-time basis, administrator of a trinational civic organization dedicated to understanding and cooperation among the peoples and governments of Canada, Mexico, and the United States. Deputy Assistant U.S. Trade Representative for Environment and Natural Resources, Executive Office of the President, Washington, D.C., 1992-94. Major responsibility for environmental issues in trade negotiations and consultations, including the North American Free Trade Agreement and the North American Agreement on Environmental Cooperation, the Uruguay Round negotiations, and trade-environment deliberations in the GATT and OECD. Responsible for consultation and coordination with environmental organizations, state governments, the business community, academic experts, advisory committees, and Congress on tradeenvironment matters. Managed policy development within the U.S. government on diverse tradeenvironment issues.
Page 2 Assistant General Counsel, Chemical Manufacturers Association Washington D.C., 1981-86. Worked with chemical company environmental managers and outside counsel on issues of toxic substances control, risk assessment and risk management, and regulation of air and water pollution. Major projects included 1,000-page comments on EPA proposed effluent limitations for organic chemicals, plastics, and synthetic fibers industry; and negotiation with environmental groups, government, and industry leading to new flexible procedures for toxicity testing of chemicals. Assistant Environmental Counsel, ERT, Inc., Concord, MA, 1978-80. Advised technical consultants and clients on legal issues in siting of new industrial facilities and waste management at existing facilities. Covered legal issues in seminars for environmental managers and officials from developing countries. Attorney and Legal Review Section Chief, Enforcement Division, U.S. Environmental Protection Agency, Region I, Boston, MA, 1976-78. Responsible for legal aspects of enforcement actions against sources of air and water pollution in New England and permitting of water discharges, including contested administrative hearings on permits for new nuclear power plants. Project Director, Environmental Law Institute, Washington, D.C., 1975-76. Directed a project to develop for a government agency a book-length report on all domestic laws and U.S. treaty obligations relevant to the protection of marine mammals. Participated in study of decision making at EPA. Ministry of Education Fellow, Nagoya University Law School, Nagoya, Japan, 1974-75. Peace Corps Volunteer, Korea, 1967-69. PROFESSIONAL ACTIVITIES Member (1997-99) and Chair (1998-99), National Advisory Committee to the U.S. Representative to the North American Commission for Environmental Cooperation (appointed by EPA Administrator). U.N. Environment Programme Expert Group on International Environmental Agreements and Trade, 1995. IUCN Commission on Environmental Law, 1988-present. Hazardous Waste Management Comm. (experts selected by National Law Center for Inter-American Free Trade, U. of Arizona, and Legal Center for Inter-American Trade and Commerce (Inst. Tecnologico y de Estudios Superiores de Monterrey), 1995-97. Consultant, Environmental Defense Fund, Austin, TX, 1995-97. Consultant, Comm n for Environmental Cooperation, Montreal, Canada, 1995-96, 2004-05. Consultant, National Wildlife Federation, Washington, D.C., 1995. Rapporteur, U.N. Conference on Clean Coal Technologies, Madras, India, 1992. Co-chair, Seminar for Office of General Counsel, Petroleos Mexicanos, on International Environmental, Energy, and Maritime Law, 1991. Invited participant, U.N. Meeting on Energy and Environment in the Development Process, Beijing, 1991. Vice-chair, Comm. on International Environmental Law, ABA Section on Natural Resources, Energy, and Environmental Law, 1989-92. Of Counsel, Baker & Hostetler, McCutchen Black, 1990-92. Executive Comm. (founding member), Environmental Law Section, Houston Bar Assoc., 1990-92. Co-chair, ABA Conference on Practical Applications of Mexican and U.S. Environmental Law for Mexican and Border Businesses, El Paso, 1990.
Page 3 ACADEMIC ACTIVITIES Service on numerous Univ. of Houston Law Center committees, including executive committee, faculty appointments, admissions, and graduate legal studies. Service on University of Houston Committee for the Protection of Human Subjects and Committee for Foreign Education Fee Scholarships. Chair (2002) of the Environmental Section of the Association of American Law Schools. PROFESSIONAL MEMBERSHIPS Environmental Law Institute American Association for the Advancement of Science American Society of International Law American Bar Association CIVIC ACTIVITIES Citizens Advisory Committee on Solid Waste Disposal Solutions, City of Houston, 1990-91 (appointed by Houston Mayor Kathryn Whitmire). Trustee, Holt-Elwell Memorial Foundation (runs boys camp, Mowglis: School of the Open, East Hebron, NH), 1984-92. PERSONAL Born September 23, 1945, New York, N.Y. Married; 2 children Proficient French; good Spanish comprehension and basic speaking/writing. Basic Korean, Japanese, and German Books, Book Chapters, and Reports PUBLICATIONS AND PRESENTATIONS LEGAL SYSTEMS AND WIND ENERGY: A COMPARATIVE PERSPECTIVE, Helle Tegner Anker, Birgitte Egelund Olsen & Anita Rønne, eds. (2008)(author of chapter sections 3.1, 4.2 and 7.6, co-author of chapter 5) Environmental Policy Implications of Investor-State Arbitration under NAFTA Chapter 11 (2006)(report for the North American Comm n for Envtl. Coop.) TRADE AND THE ENVIRONMENT: LAW AND POLICY (2005)(co-authored with Chris Wold and Greg Block). Protecting Investors, Protecting the Environment: The Unexpected Story of NAFTA Chapter 11, in GREENING NAFTA: THE NORTH AMERICAN COMMISSION FOR ENVIRONMENTAL COOPERATION, David L. Markell and John H. Knox, eds. (2003). International Trade, in STUMBLING TOWARD SUSTAINABILITY, John C. Dernbach, ed. (2002). International Activities and United States Environmental Law, substantially rewrote and updated chapter for Matthew Bender ENVIRONMENTAL LAW PRACTICE GUIDE, 2002.
Page 4 The Masked Ball of NAFTA Chapter 11: Foreign Investors, Local Environmentalists, Government Officials, and Disguised Motives, in LINKING TRADE, ENVIRONMENT, AND SOCIAL COHESION, John J. Kirton and Virginia W. Maclaren, eds. (2002). The Free Trade Area of the Americas: Lessons from North America, in THE GREENING OF TRADE LAW: INTERNATIONAL TRADE ORGANIZATIONS AND ENVIRONMENTAL ISSUES, Richard H. Steinberg, ed. (2001). INTERNATIONAL TRADE POLICY ISSUES IN THE ENVIRONMENTAL REGULATION OF THE PULP AND PAPER INDUSTRY (report to the National Wildlife Federation)(1995). TAXATION FOR ENVIRONMENTAL PROTECTION: A MULTINATIONAL LEGAL STUDY, co-editor (with Richard A. Westin)(Quorum Books, 1991). THE CLEAN AIR ACT AMENDMENTS OF 1990: IMPLICATIONS FOR THE NATURAL GAS INDUSTRY (report to the Center for Public Policy, Univ. of Houston)(1991). Toxic Substances Control Act, in A PRACTICAL GUIDE TO ENVIRONMENTAL LAW (Sive & Friedman, eds. 1987). Environmental Groups, Trade Associations and Other Private Organizations, Chap. 14 in Matthew Bender, ENVIRONMENTAL LAW PRACTICE GUIDE. LAWS AND TREATIES OF THE U.S. RELEVANT TO MARINE MAMMAL PROTECTION POLICY (report to the U.S. Marine Mammal Commission)(1976). Articles and Other Legal Writings Environmental Protection in Regional Trade Agreements: Realizing the Potential, 28 ST. LOUIS U. PUBLIC L.REV. 253 (2009). In Search of the Synergies between International Trade and Protection of the Environment, in MILJØRETLIGE EMNER: FESTSKRIFT TIL ELLEN MARGRETHE BASSE (Helle Tegner Anker & Birgitte Egelund Olsen, eds., 2008). Environmental Policy Implications of Investor-State Arbitration under NAFTA Chapter 11, 7 INT L ENVTL. AGREEMENTS 171 (2007). Sustainable Development, Climate Change, and National Security, 9 Newsletter of the Sustainable Development/Ecosystems/Climate Change Committee of the ABA (2007). International Decisions Note: Methanex Corp. v. United States, 100 AM. J.INT L L. 683 (2006). Sustainable Development and National Security, 30 WM. & MARY ENVTL. L. & POL Y REV. 321 (2006). The Problem of Enforcing Environmental Norms in the WTO and What to Do About It, 26 HASTINGS INT L & COMP. L.REV. 321 (2003). NAFTA as a Symbol on the Border, 51 UCLA L. REV. 143 (2003). Reflexive Law as a Legal Paradigm for Sustainable Development, 10 BUFFALO ENVTL. L.J. 1 (2002-03).
Page 5 Nonregulatory Approaches to Environmental Protection for Cuba: Lessons from the United States and Chile (with Ricardo Katz), 16 TULANE ENVTL. L.J. 831 (2003). Book Review (of Nagel, ed., Environmental Policy and Developing Nations), 30 ENVTL.CONSERV. 95 (2003). Fresh Water: Environment or Trade?, 28 CAN.-U.S. L.J. 157 (2002). International Trade, Environmental Protection and Development as a Sustainable Development Triangle, 11 REV. EUR. COMMUNITY & INT L ENVTL. L. 259 (2002). Processes and Production Methods: How to Produce Sound Policy for Environmental PPM-Based Trade Measures?, 27 COLUM. J. ENVTL. L. 383 (2002). Triangulating Sustainable Development: Environmental Protection, Development, and International Trade, 32 ENVTL. L. REP. 10318 (2002). The WTO s Reading of the GATT Article XX Chapeau: A Disguised Restriction on Environmental Measures, 22 PA. J. INT L ECON. L. 739 (2001). Redirecting Self-Regulation, 13 J. ENVTL. L. 157 (2001)(with Clíona Kimber). How Thinking about Trade Can Improve Environmental Performance: Trade Issues in Environmental Labelling Systems, 3 ENVTL. LIABILITY 71 (2000)(with Ellen Margrethe Basse). Book Review of Richard Kiy and John Wirth, eds., ENVIRONMENTAL MANAGEMENT ON NORTH AMERICA S BORDERS, 21 HOUS. J. INT L. L. 605 (1999). Rethinking Environmental Protection, Competitiveness, and International Trade, 1997 U.CHI. LEGAL F. 231. Global and Regional Perspectives on International Environmental Protection, 19 HOUS. J.INT L L. 983 (1997). Book Review of A. Wolf, Quotas in International Environmental Agreements, 1997 Y.B. INT L ENVTL. L. 618. A First Look at NAFTA and the Environment (book review), THE ENVTL. F., Nov.-Dec. 1996, at 10. Getting NAFTA and the Environment Right: A Response to Joel L. Silverman, Envtl. L. (ABA Newsletter), Spring/Summer 1996, at 4. Bridges to a Better Environment: Building Cross-Border Institutions for Environmental Improvement in the U.S.-Mexico Border Area, 12 Arizona J. Int l & Comp. L. 429 (1995). Destructive Myths and Constructive Realities in the Trade-Environment Debate, in Am. Soc y Int l L. and Nederlandse Vereniging voor Internationaal Recht, CONTEMPORARY INTERNATIONAL LAW ISSUES: CONFLICTS AND CONVERGENCE, at 187 (1996). International Trade and Social Welfare: The New Agenda (part), 17 COMP. LABOR L.J. 338, 352 (1996). Government Cooperation and Conflict Resolution Under NAFTA s Side Agreements, Nat. Resources L. Inst. News, Vol. 6, No. 1, at 14 (1995). Trading the Future (review of 2 books), THE ENVT L FORUM, Jan.-Feb. 1995, at 8.
Page 6 Foreword: Integrating Environmental Considerations into the World Trading System, 12 STAN. ENVT L L.J. vii (1994). Environmental Laws and Regulations After NAFTA, 1 UNITED STATES-MEXICO L.J. 199 (1993). Biotechnology, in 1992 Y.B. INT L ENVTL. L. 199. The Polluter-Pays Principle: From Economic Equity to Environmental Ethos, 26 TEXAS INT L L.J. 463 (1991). Taking Responsibility for Transboundary Environmental Effects, 14 HASTINGS INT L & COMP. L. REV. 781 (1991). Science, Politics, and the Management of Toxic Risks Through Law, 30 JURIMETRICS 271 (1990). International Principles for Transnational Environmental Liability: Can Developments in Municipal Law Help Break the Impasse? 30 HARV. INT L L.J. 311 (1990) (selected as one of the year s 10 best environmental articles, reprinted in 21 LAND USE & ENVTL. L. REV. 617 (1990)). The Relationship of Federal Income Taxes to Toxic Waste: A Selective Study, 16 B.C. ENVTL. AFF. L. REV. 753 (1989)(with R. Westin). A Taxonomy for Toxic Torts, 3 TOXICS L. REP. 826 (1988). Foreword (to Special Issue: Managing Liability from Hazardous Waste), 25 HOUS. L. REV. 715 (1988). Book Review, 10 HOUS. J. INT L L. 181 (1987)(reviewing P. MULDOON, CROSS-BORDER LITIGATION: ENVIRONMENTAL RIGHTS IN THE GREAT LAKES ECOSYSTEM). Foreword (to Special Issue: Rethinking Tort and Environmental Liability Law: Needs and Objectives of the Late 20 th Century and Beyond), 24 HOUS. L. REV. 1 (1987). The New PSD Regulations: EPA Seeks to Resolve the Continuing Controversy, 13 NAT. RESOURCES LAW. 523 (1981)(with M. Deland). Environmental Effects Abroad: An Executive Order Ordains a New Policy, 3 HARV. ENVTL. L. REV. 136 (1979)(adapted as a chapter in ENVIRONMENT AND TRADE (S. Rubin and T. Graham, eds. 1982)). Decisionmaking Procedures at the Environmental Protection Agency, 62 IOWA L. REV. 839 (1977). Wildlife Population Management Under the Marine Mammal Protection Act of 1972, 6 ENVTL. L. REP. 50,096 (1976)(with D. Schmidt, research asst.). The Use of Injunctions in American Environmental Litigation, 1 KANKYO HO KENKYU (1975). An Environmental Appraisal of the Law of the Sea, 4 ENVTL. L. REP. 10,173 (1974). The International Law Aspects of the Garrison Diversion Project, 4 ENVTL. L. REP. 50,085 (1974).
Page 7 Presentations The Implications of WTO Law for the Design of a Climate Change Regime, Beyond Kyoto: Addressing the Challenges of Climate Change, Aarhus, Denmark, March 2009. The 1944 Treaty and the 21 st Century Water Issues for the United States and Mexico, Dividing the Waters Border Water Conference, El Paso, TX, November 2008. Environmental Protection in Regional Trade Agreements, St. Louis University Public Law Review symposium on The Changing Tide of Trade: The Social, Political and Environmental Implications of Regional Trade Agreements, March, 2008. Environmental Policy Implications of Investor-State Arbitration under NAFTA Chapter 11, 3 rd Symposium on Environmental Effects of Trade, Comm n for Environmental Cooperation, Montreal, Canada, Dec. 2005. Sustainable Development and National Security, William & Mary Environmental Law and Policy Review Annual Symposium, Williamsburg, Virginia, February, 2005. Integrating Trade Norms and Environmental Norms in International Organizations, Hastings International & Comparative Law Review Symposium, Enforcing Environmental Norms under International Law, San Francisco, February, 2003. NAFTA as Symbol, UCLA Law Review 50 th Anniversary Symposium, Los Angeles, January, 2003. Rethinking Environmental Protection, Competitiveness, and International Trade in the WTO System, and Trade and Environmental Protection in the Americas, Nordic Research Course, Saltsjöbaden, Sweden, August, 2002. NAFTA and Cross-Border Transactions in Fresh Water the U.S. Perspective, Canada/U.S. Law Institute, Case Western Reserve Law School, April, 2002. Development as the Missing Link in the Trade/Environment Nexus, Columbia Law School, March 2002. Reflexive Law Lessons for Sustainable Development, Buffalo Law School, October, 2001. The Citizen Submission Process in the North American Commission for Environmental Cooperation A Model for Europe? and The Principle of Prior Informed Consent and Its Application in the Basel and Rotterdam Conventions, Nordic Research Course, Espoo Finland, August 2001. NAFTA, the Environment, and Mexico: The Challenge of and the Opportunity from New International Institutions, Universidad Panamericana, Mexico City, November, 2000. Environmental Issues in NAFTA Chapter 11 Investor-State Arbitration, State Bar of California Environmental Conference, Yosemite, October, 2000. Trade-Environment Lessons from Shrimp-Turtle, Univ. Aberdeen, Scotland, April 2000. Where the WTO Went Wrong in the Shrimp-Turtle Report, European Univ. Inst., Florence, April 2000.
Page 8 International Environmental Law: Implications for the Estado de México, Inst. for Legislative Research for the State of Mexico, Toluca, June, 1998. The North American Commission for Environmental Cooperation, Annual Meeting of National Association of Environmental Law Societies, Houston, April, 1998. Dispute Settlement in the NAFTA Environmental Commission: Implications for Judges, Conference for U.S. and Mexican judges, National Law Center for Interamerican Free Trade, Albuquerque, March, 1998. Building Environmental Institutions in Connection with Trade Agreements, UCLA School of Law, April, 1997. Trade and the Environment: Should the CEC be Expanded? Univ. Arizona College of Law, February, 1997. Rethinking Environmental Protection, Competitiveness, and International Trade, Univ. Chicago Legal Forum, Nov. 1996. Environmental Rule Changes and Institutions, NAFTA Environmental Effects Workshop, La Jolla, April, 1996. Destructive Myths and Constructive Realities in the Trade-Environment Debate, Joint Meeting of the Amer. Soc y of Int l Law and the Netherlands Int l Law Soc y, The Hague, July, 1995. Building Bridges to a Better Environment, NAFTA: One Year After, U.of Arizona Coll. of Law, Feb., 1995. Integration and Harmonization of Environmental Standards, Environmental Affairs Committee, The Conference Board, San Antonio, Jan., 1995. Can Trade Policy Enlighten Social Welfare Policy, Ass n of Amer. Law Schools, New Orleans, Jan., 1995. Beyond Trade: Sovereignty, Social Issues, and the World Trade Organization, Int l Law Section, Houston Bar Ass n, Jan., 1995.