Dr Luca Rubini

 

Reader in International Economic Law

Birmingham Law School

Photo of Dr Luca Rubini

Contact details

Telephone +44 (0)121 414 6304

Fax +44 (0)121 414 3585

Email l.rubini@bham.ac.uk

Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT
United Kingdom

About

Luca Rubini’s main expertise lies in the regulation of the State intervention in the economy, particularly public subsidies. He is the author of the first theoretical analysis of the definition of subsidy in the WTO and EU and is presently extending his focus from subsidy law and policy to the analysis of the various linkages between energy, trade and climate change. In this respect Luca has been invited to present in institutional, academic and policy venues, in the UK and abroad, and is cooperating with various academic institutions, NGOs and policy actors.

Qualifications

 

  • Laureato in giurisprudenza (Catholic University, Milan)
  • MA (KCL)
  • PhD (KCL)

Biography

Luca Rubini joined Birmingham Law School in the Summer of 2007. Previously, he was lecturer at the University of Leicester and legal secretary to Sir Francis Jacobs QC, Advocate General at the European Court of Justice in Luxembourg. Luca had held visiting positions in various academic institutions in the UK, US, Switzerland and Italy, including King’s College London, the Institute of International Economic Law (Georgetown University), the European University Institute, Bocconi University and the World Trade Institute (University of Berne). He is fellow of the Centre of European Law, King’s College London, and visiting professor at ASERI, the Graduate School of Economics and International Relations of the Catholic University, Milan, and at the World Trade Institute, MILE programme.

Luca has law degrees from the Catholic University in Milan (JD) and King’s College London (MA and PhD) and is admitted to the Bar in Italy and to the Law Society of England and Wales as solicitor (non-practising).

Teaching

 

  • WTO Law (LLB and LLM)
  • International Economic Law (LLB)
  • EU State aid law and policy (LLM)

Postgraduate supervision

  • international economic law, mainly WTO law
  • law and policy of subsidies
  • energy, trade and climate change linkages
  • EU / WTO parallels

Current doctoral supervision

Dr Rubini is currently supervising five doctoral students undertaking research in the following areas:

  • The harmonisation of law of damages and its procedural framework for breach of EU Competition Law
  • Dispute settlement and regional trade agreements in international trade: enhancer or inhibitor?
  • The Implications of Public Private Partnership in WTO Litigation on Human Right to Sustainable Development:The Experiences of EU, USA, Brazil and the Indian Experience
  • The protection of software development, interoperability and the public domain – what roles for intellectual property and competition following Microsoft
  • EU State aid and public procurement: pulling forces of an unsteady construction

Research

Luca is the author of various works in the areas of international economic law, European law and competition law, most recently the monograph The Definition of Subsidy and State Aid – WTO Law and EC Law in Comparative Perspective  (Oxford University Press, 2009).  This book , the first to present a conceptual framework for analysing the definitions of State aid and subsidy in European and WTO law, has been well received in academic and policy circles. Building on conferences organized in 2008 and 2010 in Birmingham and Milan, Luca edited Microsoft on Trial: Legal and Economic Analysis of a Transatlantic Antitrust Case  (Edward Elgar, 2010) and co-edited (with F. Bestagno) Challenges of Development: Asian Perspectives(Vita e Pensiero, 2010) and (with M. Trybus) The Treaty of Lisbon and the Future of the European Union (Edward Elgar, 2012).

Luca’s current research focuses on the governance of public subsidies and the regulation of energy, trade and climate change linkages. In this regard, he is presently working on a monograph for Cambridge University Press on the governance and discipline of climate change subsidies in the WTO which will be completed in the Summer of 2012. Both the AHRC and the British Academy have supporte this research with respectively a Fellowship of £63,280 and two Small Research Grant of £7,406 and £9,950. Some aspects of this research on the linkages between energy, trade and climate change, are carried out with various partners, like the International Centre for Trade and Sustainable Development (ICTSD) and the Swiss National Centre for Competence in Research.

Other activities

 

Publications

Books

Book chapters and sections

  • 2012. Subsidies for Emissions Migations in WTO Law in Geert Van Calster, Wim Vanderberghen, Denise Prévost (eds) Research Handbook on Environment, Health, and the WTO (Edward Elgar, forthcoming September 2012) 30,000 words circa
  • 2012. Chapter 4 – International Agreements in K Bacon (Ed) The European Union Law of State Aid (Oxford University Press, 2012) (7,000 words)
  • 2012. Introduction (with Martin Trybus) in The Treaty of Lisbon and The Future of the European Union (Edward Elgar)
  • 2010. Introduction to Challenges of development: Asian Perspectives (Vita e Pensiero, 2010) (with Francesco Bestagno) xiii-xxi
  • 2010. Preface to Microsoft on Trial: Legal and economic analysis of a transatlantic antitrust case (Edward Elgar, 2010) xiv-xix
  • 2006. Comments on the  US  -  Cotton  dispute in Ortino and Ripinsky (eds) WTO Law and Process (British Institute of International and Comparative Law, London) 133-137
  • 2005. Aims, Effects and Justifications: EC State Aid Law and its Impact on National Social Policies , in Dougan & Spaventa (eds) Social Welfare and EU Law (Hart Publishing) 79-103 (with Andrea Biondi)
  • 2004. The International Context of EC State Aid Law and Policy: The Regulation of Subsidies in the WTO , in Biondi, Eeckhout & Flynn (eds.) The Law of State Aid in the European Union (Oxford University Press) 149-188

Articles

  • 2012. United States – Use of Zeroing in Anti-Dumping Measures involving Products from Korea: It’s déjà vu all over again (with Tom Prusa), in World Trade Review, forthcoming, 7,000 words
  • 2012. The never ending story of subsidy litigation in the WTO, in Leiden Journal of International Law, forthcoming, 10,000 words
  • 2012. Ain’t wastin’ time no more. Subsidies for Renewable Energy, the SCM Agreement, Policy Space and Law Reform, Journal of International Economic Law, Volume 15(2), 525-579
  • 2012. Who’ll stop the rain. Allocating Emissions Allowances for Free: Environmental Policy, Economics and WTO Subsidy Law’ (with Ingrid Jegou), Transnational Environmental Law, forthcoming, 18,000 words
  • 2010. Climate Change, Human Rights and Trade Regulation , German Yearbook of International Law (with various authors) 2010, Volume 53, 139-18
  • 2009. The Elusive Frontier: Regulation under State Aid Rules, European State Aid Law Quarterly 277-298
  • 2007. The Impact of the GATS on the National Regulation of Public Services, Diritto del Commercio Internazionale 293-332 (in Italian)
  • 2002. Is the Siege to Fortress Europe Really Over? The Exhaustion of Trademarks in the EC, Competition and International trade - Case note on Joined Cases C-414/99 to C-416/99  Zino Davidoff, Legal Issues of Economic Integration 205-218
  • 2001. Brief Glosses to the  PreussenElektra  Case: How to Take State Aid Rules and Environmental Protection in EC Law Seriously, Diritto Comunitario e degli Scambi Internazionali 473-501 (in Italian)
  • 2000. The Oddities of the Case-law of the Court of Justice on Parallel Imports from Third Countries, Trademark Exhaustion and Competition Rules (the  Silhouette ,  Sebago  and  Javico  cases), Diritto Comunitario e degli Scambi Internazionali 67-84 (in Italian)

Working Papers and Policy work

  • 2011. The Subsidization of Renewable Energy and the WTO law, NCCR Working Paper 2011
  • 2011. The Allocation of Emission Allowances Free of Charge: Legal and Economic Considerations (with Ingrid Jegou) International Centre for Trade and Sustainable Development (ICTSD), Issue Paper 14/2011, Programme on Competitiveness and Sustainable Development, Geneva, August 2011. (with Ingrid Jegou) xi + 62 pp.
  • 2010. Towards a WTO Framework Agreement on Trade in Energy (with other authors), published on SSRN , 6th July 2010
  • 2009. Level Playing Field for European Defence Industries: The Role of Ownership and Public Aid Practices, report commissioned by the European Defence Agency (2009) 174 pp. (with Carlos Martí Sempere, Silke Römer, Merle Missoweit, Martin Trybus, Elisabeth Sköns, Sam Perlo Freeman, and Axel Dyevre)
  • 2008.'Investment Subsidies for Cross-Border Mergers & Acquisitions: Trends and Policy Implications' (co-authored with Gary Hufbauer and Thomas Moll), United States Council for International Business Foundation

Book reviews

  • 2012. C Joerges and EU Petersmann, Constitutionalism, Multilevel Trade Governance and Social Regulation [2nd paperback edition, Oxford: Hart, 2011] CMLRev (forthcoming)
  • 2012. E Szyszczak (ed) Research Handbook on European State Aid Law [Northampton: Elgar, 2011] YEL (forthcoming)
  • 2011. F Snyder, The European Union, the WTO and China, Global Legal Pluralism and International Trade Regulation [Hart Publishing, Oxford,  Manchester Journal of International Economic Law, 102-106
  • 2011. AO Sykes, The WTO Agreement on Safeguards: A Commentary [OUP, 2006] (2011) International and Comparative Law Quarterly, 568-5692011. P Vesterdorf and M Nielsen, The Law of State Aid [Sweet and Maxwell, 2008]  European Law Journal, 142-145
  • 2011. EC State Aid Law – Le Droit des Aides d’Etat dans la CE, Liber Amicorum Fancisco Santaolla [Kluwer, 2008]  European Law Review, 448-451
  • 2009. M Sanchez Rydelski, The EC State Aid Regime. Distortive Effects of State Aid on Competition [London: Cameron May, 2006] and A Santa Maria, Competition and State Aid: An Analysis of EC Practice [London: Kluwer, 2007] (2009) CMLRev 1358-1361
  • 2008. L Hancher, T Ottervanger, T and PJ Slot, EC State Aids [3rd ed, London: Thomson-Sweet and Maxwell] (2008) ELRev 606-610
  • 2008. M Taylor, International Competition Law - A New Dimension for the WTO? [Cambridge: CUP, 2006] (2008) ELRev 448-452
  • 2008. G Luengo, Regulation of Subsidies and State Aids in WTO and EC Law – Conflicts in International Trade[Alphen aan den Rijn: Kluwer, 2007] (2008) ELRev 283-285
  • 2007. C Joerges and EU Petersmann, Constitutionalism, Multilevel Trade Governance and Social Regulation[Oxford: Hart, 2006] (2007) CMLRev 1537-1540


Websites (teaching and research resources)


Academic presentations

  • 2012. EUI, DISSETTLE workshop on discussion on practical guidelines or best practices on how to use economics in WTO dispute settlement, June (invitation accepted)
  • 2012. EUI, WTO Case Law of 2011 co-organised with the American Law Institute (ALI) (coordinated byPetros C. Mavroidis, EUI and Columbia University), with Tom Prusa, Panel Report: US-Zeroing (Korea) DS402, June (invitation accepted)
  • 2012. 12th Annual WTO Law Conference (Institute of International Economic Law Georgetown University; Journal of International Economic Law; British Institute of International and Comparative Law, London; SIEL), British Institute of International and Comparative Law, London, The Boeing-Airbus saga, May (invitation accepted)
  • 2012. EUI, Global Governance Programme Gourmet Lunches, The Governance of Climate Change Subsidies in the WTO: Some Thoughts, April 2012. (invitation accepted)
  • 2012. EUI, Competition and Environmental Law Working Groups, The Regulation of Climate Change Subsidies in the WTO, January 2012
  • 2012. LSE, LLM Brown Bag Lunch, The Governance of Subsidies in the World Trading System: Observations, January 2012
  • 2011. WTO, Trade, Investment and Climate Change: Searching for Progress and Key Issues, conference organized by the IISD, paper on What does Trade Law Say, or Should Say, on Subsidies for Renewable Energy (Technology)?, October 2011
  • 2011. WTO Summer Academy, World Trade Institute, Berne, Renewable Energy Subsidies, July 2011
  • 2011. 11th Annual WTO Law Conference (Institute of International Economic Law Georgetown University; Journal of International Economic Law; British Institute of International and Comparative Law, London; SIEL), British Institute of International and Comparative Law, London, paper on China-US Subsidy Disputes: Speculating on Local Content, May 2010
  • 2011. Conference (London School of Economics, American Bar Association, UK Environmental Law Association), Navigating the New Green Economy: The Challenge of Climate Change and the Opportunities for Clean Energy, Panel on Renewable Energy Subsidies: Trade and the WTO Disciplines, London School of Economics, 23-24 May 2011
  • 2011. WTO, ICTSD Geneva Expert Meeting on Renewable Energy Support Measures and WTO Rules, discussant, April 2011
  • 2010. Seminar on Biofuel Subsidies and WTO Law in the International Environment and Trade Seminar: Climate Change Georgetown University, Washington DC, November 2010
  • 2010. Research Seminar, Institute of International Economic Law, Georgetown University, Washington DC, Seeking Legitimacy: The Case and Challenges of a New Discipline of Subsidies, October 2010
  • 2010. WTO Public Forum 2010, WTO, Geneva, Switzerland,  Subsidy Issues in the Free Allocation of Allowances in Cap-and-Trade Systems, September 2010
  • 2010. 2nd SIEL (Society of International and Economic Law) conference, Panel ‘Towards an Energy Framework Agreement in the WTO?’, Barcelona,  Renewable Energy Subsidies: Towards a New Discipline, July 2010
  • 2010. 10th Annual WTO Law Conference (Institute of International Economic Law Georgetown University; Journal of International Economic Law; British Institute of International and Comparative Law, London; SIEL), British Institute of International and Comparative Law, London,  Rethinking Subsidies Policy and Disputes: Key Issues, May 2010
  • 2010. Swiss National Centre for Competence in Research, research workshop, inter-disciplinary ‘Trade Regulation’-‘Climate Change’ groups, WTI, Berne, Switzerland,  Comments on the Use of Terms and Definitions in Law , April 2010
  • 2010. Staff Seminar, Birmingham Law School, University of Birmingham, UK,  ‘Perverse’ Subsidies? The Case and Challenges for a New International Discipline of Subsidies, February 2010
  • 2010. University of Birmingham Cross-College workshop, Birmingham, UK,  The Financial Crisis: the European Commission’s Action, January 2010
  • 2009. Swiss National Centre for Competence in Research, research workshop, inter-disciplinary ‘Trade Regulation’-‘Climate Change’ groups, WTI, Berne, Switzerland,  Subsidization of Energy in the WTO , November 2009
  • 2009. Cross-University Seminar, Bocconi University, Milan, Italy, Discussant,  New Protectionism? Much Ado About Nothing?, November 2009
  • 2009. PhD Law and Economics Seminars, Bocconi University, Milan, Italy, November 2009: ‘Would Venus Fancy Economics?’ EC State Aid Law and Economic Analysis;  The ‘Elusive Frontier’: Regulation under EC State Aid Law;  World Elsewhere’: Comparative Analysis in EC Law and Beyond
  • 2008. Seminar, Summer School on Human Rights, Studium Generale Marcianum Foundation and ASERI, Venice, Italy,  The Promotion of Development in the International Trading System (with Francesco Bestagno), July 2008
  • 2007. WTO Scholars’ Forum, University College London, London, UK,  Comparing EC and WTO Law: Definition of Subsidy and State Aid , November 2007
  • 2007. Research Seminar, Institute of International Economic Law, Georgetown University, Washington DC, The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective, October 2007
  • 2005. Seminar, “Seminars on Governance and Public Policies” training programme for Iraqi officials jointly organized by ASERI, Landau Network – Centro Volta and the Italian Ministry of Foreign Affairs,  Elements of International Economic Law - Free Trade and Economic Cooperation between Nations: the EC and WTO experiences, November 2005
  • 2005. 5th Annual WTO Law Conference (Institute of International Economic Law Georgetown University; Journal of International Economic Law; British Institute of International and Comparative Law, London), British Institute of International and Comparative Law, London, discussant in the panel on  A WTO Case-Study: The  Cotton  Dispute, May 2005

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