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Professor Rafael Leal-Arcas, PhD, MRes (EUI), JSM (Stanford), LLM (Columbia), MPhil (LSE), BA, LLB (Granada), Barrister & Solicitor (Madrid)

Professor of European and International Economic Law

email: r.leal-arcas@qmul.ac.uk
Tel: +44 (0)20 7882 8071

Profile

Rafael Leal-Arcas

Rafael is Professor of European and International Economic Law and the Director of Research at QMUL's Centre for Commercial Law Studies (CCLS). He teaches, and is the convenor of, the courses International Economic Law and the External Relations Law of the European Union in the LLM programme. In addition, he teaches International Investment Law and Policy and Climate Change Law and Policy in the LLM programme. In 2011-13, he served as a Marie Curie COFIT Senior Research Fellow at the World Trade Institute (University of Bern) in the framework of the EU FP7 research fellowship programme. He has thrice been a Drapers' Award nominee for excellence in teaching. In 2008, Rafael was named the best teacher of the University of Vienna School of Law 2008 Summer School (NICLAS), of which Queen Mary University of London is a participant. From 2006 to 2009, he was Deputy Director of Graduate Studies at CCLS.

Rafael serves as an expert of the group “Measures to Address Climate Change and the Trade System” in the framework of E15, an initiative jointly implemented by the International Centre for Trade and Sustainable Development (ICTSD) and the World Economic Forum (WEF), which brings together “over 200 experts from academia, practitioners, business and former policy makers, in defining the ideas, strategies and scenarios for how the global trade system can meet the challenges and demands of the world economy and sustainable development today and in 2025.”

Rafael has been a Global Research Fellow at New York University School of Law (Hauser Global Law School Program), Visiting Fellow at the World Trade Institute (University of Bern), Visiting Scholar at Georgetown University Law Center (Fellow at its Institute of International Economic Law), Tillar House Resident Fellow at the American Society of International Law, Visiting Researcher at Harvard Law School (European Law Research Center) and Fellow at the Real Colegio Complutense (Harvard University), Emile Noël Doctoral Fellow at New York University School of Law (Jean Monnet Center for International and Regional Economic Law and Justice), Fellow at the Australian National University (National Europe Centre) and Visiting Scholar at the University of Wisconsin-Madison Law School (Institute for Legal Studies).

Rafael completed his graduate legal education at Stanford Law School, Columbia Law School (where he obtained the Parker School Certificate for Achievement in International and Comparative Law), the London School of Economics and Political Science and the European University Institute (Florence, Italy).

He completed his first law degree at the universities of Granada (Spain), Regensburg (Germany), Bologna (Italy) and Angers (France).

Rafael has previously taught at the Academy of WTO Law and Policy of Georgetown University Law Center (Washington, D.C.), the University of Vienna School of Law Summer School (Austria), the National Law School of India University (Bangalore, India)—where he was POROS Chair in European Union law and the Universidade Federal Minas Gerais School of Law (Brazil).

Rafael has been a visiting lecturer at Georgetown University Law Center (US), Nankai University (China), Gujarat National Law University (India), Universidade Federal de Pernambuco School of Law (Brazil), Galatasaray University School of Law (Turkey), Kültür University (Turkey), University of Bahçesehir (Turkey), the Energy Charter Secretariat (Belgium), has trained senior energy professionals in Kazakhstan, and has been invited to train African policy-makers on trade and climate change. Rafael is also a Fellow of the Salzburg Seminar and has been the recipient of the Fulbright, the British Council and La Caixa scholarships. He has also been awarded a grant from the Swiss National Science Foundation.

Rafael acted as a judge in the 4th annual International Moot Court competition at Gujarat National Law University (India), as a legal consultant to the Energy Community Secretariat, the Energy Charter Secretariat’s trade and transit department and the World Trade Organization's legal affairs division, has served in the United States Court of International Trade (Chambers of Judge Pogue), and has clerked at the European Court of Justice (Chambers of Advocate-General Kokott) as well as the Court of First Instance of the European Communities (Chambers of Judge Lindh). He was an intern at the European Commission General Secretariat (Forward Studies Unit) where he participated in the Young Leaders Summit 2000 (Okinawa, Japan), EU Council of Ministers Legal Service (External Relations Team), European Parliament General Secretariat (Directorate-General for Research), United Nations Secretariat (Economic and Social Council) and the European Commission Delegation to the United Nations.

Rafael is the author of the books Energy Security, Trade and the EU: Regional and International Perspectives (Edward Elgar, forthcoming 2016), The European Energy Union: The quest for secure, affordable and sustainable energy (Claeys & Casteels Publishing, 2016), International Energy Governance: Selected Legal Issues (Edward Elgar, 2014), Climate Change and International Trade (Edward Elgar, 2013), International Trade and Investment Law: Multilateral, Regional and Bilateral Governance (Edward Elgar, 2010) and Theory and Practice of EC External Trade Law and Policy (Cameron May, 2008). He has authored more than 120 scholarly publications on international trade and WTO law, climate change law, EU law, international investment law, international energy law and governance and the interaction among them in American and European law reviews such as the Columbia Journal of European Law, Fordham International Law Journal, Chicago Journal of International Law, Legal Issues of Economic Integration, European Foreign Affairs Review and Journal of World Energy Law and Business (Oxford University Press).

He has presented papers at conferences in the US, Canada, Europe, the Far East, Africa, Oceania, Latin America, South East Asia, and the Middle East, serves as the Editor-in-Chief of Renewable Energy Law and Policy Review, and is a member of the Editorial Advisory Board of, inter alia, the journals the European Law Journal, Melbourne Journal of International Law, London Law Review, Asian Social Science Journal, Leiden Journal of Int’l Law, Journal of International Dispute Settlement, Climatic Change, International Journal of Communication, Journal of Int'l Commercial Law & Technology, International Journal of Private Law, Global Journal of Economics and Finance and Vienna Journal on International Constitutional Law.

Rafael supervises LLM and PhD dissertations in his field of expertise. He successfully won his bid for EUR 54,600 European Commission-funded project titled "Study on the existing level of liberalisation in selected services sectors."

Rafael is a member of the Society of International Economic Law, Society of Legal Scholars and the Asian Society of International Law.

He is a qualified attorney in Madrid and speaks English, Spanish, French, German, Italian, Ladino and conversational Portuguese. Rafael swam in the Junior Olympics and ran the Brussels marathon.

Research

Research interests:

Rafael Leal-Arcas' research interests lie in international economic law and the external relations law of the EU.

Examples of research funding:

Research Grants, Biddings and Awards Obtained

  • 2014, Energy Charter Secretariat, Brussels, Belgium
  • 2011-2013: EU’s COFIT FP7 Marie Curie Fellowship, World Trade Institute, University of Bern
  • 2012: Taiwan Fellowship, National University of Taiwan
  • June-Aug 2011: Swiss National Science Foundation
  • May 2011: Academy of Global Governance Executive Training Seminars Series, Climate Governance, European University Institute, Florence
  • 2011: Hauser Global Law Fellowship, New York University School of Law
  • 2000-2002: La Caixa Foundation Fellowship
  • 1997-1999: British Council Fellowship.

Honorary awards

  • Young Energy Leader Award, Energy Charter Secretariat, Belgium (2013)
  • Nominee for the 2008, 2010, and 2011 Drapers’ Award for Excellence in Teaching, QMUL
  • Voted best teacher of the University of Vienna School of Law 2008 Summer School
  • 2004 Dean Acheson Clerkship in the European Court of Justice of the EU, Luxembourg
  • Parker School Certificate for Achievement in International and Comparative Law, Columbia Law School, USA (2001)
  • Fellow of the Salzburg Seminar, Fulbright Scholarship; The New Transatlantic Agenda; Discussions with U.S. and EU policy-makers and history-makers on Transatlantic issues (1999).

Publications

Rafael Leal-Arcas' scholarly papers on the SSRN website

Publications since 2001

A) Books

  • R. Leal-Arcas and J. Wouters (eds.) RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY, Cheltenham: Edward Elgar Publishing Ltd, 2017; around 275,000 words (excluding bibliography and index).
  • Energy Security, Trade and the EU: Regional and International Perspectives (Cheltenham: Edward Elgar Publishing Ltd, forthcoming 2016) (with Costantino Grasso and Juan Alemany Rios)
  • The European Energy Union: The quest for secure, affordable and sustainable energy (Claeys & Casteels Publishing, 2016); 300 pages; ISBN: 9789491673450; around 60,000 words (excluding bibliography and index); sole author
  • International Energy Governance: Selected Legal Issues, Cheltenham: Edward Elgar Publishing Ltd, 2014; ISBN-13: 978 1 78471 149 8; ebook ISBN: 978 1 78471 150 4; around 206,000 words (excluding bibliography and index) (with Andrew Filis and Ehab Abu Gosh).
    • "International Energy Governance: Selected Legal Issues covers some of the most interesting and pressing areas of international energy law and policy. Eastern-Mediterranean, WTO and energy, external EU energy policy and the promotion of renewable energy and its various effects on market institutions are just examples of legal issues selected for this book. The authors provide a comprehensive account of these areas under a common theme of energy, trade and environment. This is recommended reading for international lawyers dealing with these topics." - Kim Talus, University of Eastern Finland, Finland
    • Read "Legal Issues in International Energy Governance – an interview with Rafael Leal-Arcas" on the Elgar blog.
    • Read opinion piece.
    • ‘Almost 600 pages with four parts and nine chapters represent quite an important scholars’ input for the debate on international energy governance.' - reviewed by Andrei Belyi in J World Energy Law and Business, Vol. 8(1), 2015
    • ‘…a timely and most relevant work concerning an area of law which is undertheorised…’; ‘This book is an essential reference to academics, students, and practitioners, and is highly recommended for those who seek an in depth knowledge of the legal, social, economic and political environment of energy governance.’– reviewed by Youseph Farah in J Renewable Energy Law and Policy Rev, Vol. 6(1), 2015
  • Climate Change and International Trade, Cheltenham: Edward Elgar Publishing Ltd, 2013; 544 pages; ISBN-13: 978 1 78195 608 3; ebook ISBN: 978 1 78195 609 0; sole author; around 210,000 words (excluding bibliography and index)
    • Watch a video of Professor Leal-Arcas on this topic: Dublin conference, July 2012 (video 2:29 min, MOV) 
    • ‘An increasing number of free trade agreements being negotiated […] has presented a window of opportunity to utilize trade agreements for climate mitigation purposes. In this regard the book makes a valuable contribution to contemporary policy-making.’ – reviewed by Max Jansson in Carbon and Climate Law Review
    • ‘this book offers a very comprehensive, original, up-to-date and well-documented account of the main issues relating to climate change and international trade.’ – reviewed by Daniel Perez Rodriguez in Review of European Community & International Environmental Law
    • Interviewed by the Truman Factor
    •  ‘A seminal work of impressive scholarship, … an invaluable and highly recommended addition…’ – reviewed by The Midwest Book Review, June 2013
    • Cited by the IPCC 5th Assessment Report, 'Climate Change 2014: Mitigation of Climate Change', Chapter 13, pp 12, 36, 43 and 109
    • ‘Leal-Arcas provides an in-depth analysis of each stage in the evolution of international climate agreements while drawing much needed attention to the [..] disagreements regarding transfers of clean and efficient technologies to developing countries.’ – reviewed by Jonathan Cogliano in Eastern Economic Journal, 2015
  • International Trade and Investment Law; Multilateral, Regional and Bilateral Governance, Cheltenham: Edward Elgar Publishing Ltd, 2010, 352 pages; ISBN-13: 978 1 84980 319 9
    • ‘well researched and well written. [...] excellent and should be made mandatory reading materials for the relevant courses of EU external trade and investment law and policy.’
      – reviewed by Dr Nikolaos Lavranos in Legal Issues of Economic Integration, Vol. 38, Issue 3, pp. 287-290, 2011
    • ‘...packed with detail and helpful explanations of basic economic concepts... the book’s footnotes explaining crucial economic and international law concepts, especially concerning WTO and the New International Economic Order.’– reviewed by Amanda Ploch in NYU J. of Int’l L and Politics, vol. 43(3), 825-829
    • Reviewed by Theodore R. Posner in Transnational Dispute Management, Vol. 8, Issue 3, pp. 1-28, September 2011
    • ‘This book comes highly recommended. . . resembling a mini-handbook, [it] provides excellent snapshots on the history of international trade and investment law and provides detailed discussions on the various levels of governance available. . . a well-researched, informative and a good compilation. . . the book is practical and would be considered a valuable resource for academics and students of international trade and investment law.’
      – reviewed by Shu Ying Wee in International Trade and Business Law Review, Vol. XIV, pp. 555-558, 2011
    • ‘. . . a significant contribution to the literature. . . Mr Leal-Arcas’s analysis should be of interest to policy-makers and negotiators.’
      – reviewed by Prof. David Gantz in International Trade Law and Regulation, Vol. 17, Issue 2, pp. 77-78, 2011
    • Included in the American Journal of International Law, Vol. 104, No. 3, p. 564, 2010 under ‘Books Received’
    • Included in the 2010 Annual Book Survey of the Journal of International Economic Law, Vol. 14, No. 1, p. 211, 2011 [Oxford University Press], which is "a survey of themes, authors and publishers important in the area [of international economic law]".
    • ‘In International Trade and Investment Law Dr Rafael Leal-Arcas succinctly describes and evaluates the linkages and tensions among three governance levels in the global political economy, the multilateral, the regional and the bilateral. He synthesises trade and investment law in a single text, exploring the continuities and discontinuities between the two. He discusses relevant historical, theoretical and policy issues, and the text moves easily between economic and legal analysis. Dr Leal-Arcas has provided a highly informative and stimulating text which will serve a wide audience for years to come.’ –Laurence Boulle, University of Witwatersrand, Johannesburg, South Africa
    • ‘This comprehensive treatment of international trade and investment law, covering various regulatory and legal levels, convinces by outlining approaches to overcome the existing fragmentation of the legal framework. Advocating for a move toward extended multilateralism and improved dispute settlements mechanism also allows to combat the past cyclicality of the rule- and decision-making processes.’ –Rolf H. Weber, University of Zürich, Switzerland
  • Theory and Practice of EC External Trade Law and Policy, London: Cameron May, April 2008, 606 pages, ISBN-13: 978 1 905017 65 2; ISBN-10: 1905017650
    • Included in the Common Market Law Review, Vol. 47, Issue 3, p. 970, 2010 under the ‘Book notices’ section
    • ‘one can only praise Leal-Arcas for his very well-researched and clearly written analysis of this complex but so fascinating topic. [...] In short, this book provides a very useful basis for guiding the reader through the murky waters of the EU’s external trade policy and practice.’
      – reviewed by Dr Nikolaos Lavranos in Legal Issues of Economic Integration, Vol. 38, Issue 3, pp. 287-290, 2011
    • Included in the American Journal of International Law, Vol. 102, No. 3, p. 711, under ‘Books Received’, 2008
    • Included in the 2008 Annual Book Survey of the Journal of International Economic Law, Vol. 12, No. 1, pp. 227-236, 2009 [Oxford University Press], which is "a survey of themes, authors and publishers important in the area [of international economic law]".

B) Reports

C) Articles in International Peer-Reviewed Journals

2016

2015

  • R. Leal-Arcas, “Mega-regionals and sustainable development: The Transatlantic Trade and Investment Partnership and the Trans-Pacific Partnership,” Renewable Energy Law and Policy Review, Vol. 4, 2015, pp. 248-264
  • R. Leal-Arcas, “Towards a new climate change agreement post-2015”, Queen Mary School of Law Legal Studies Research Paper 210/2015, pp. 1-12, 2015
  • 'How governing international trade in energy can enhance EU energy security', Renewable Energy Law and Policy Review, Vol. 6(3), pp. 200-217, 2015
  • R. Leal-Arcas, Valentina Caruso and Raphaela Leupuscek, “Renewables, preferential trade agreements and EU energy security,” Laws, Vol. 4, Issue 3, pp. 472-514, doi: 10.3390/laws4030472, Special Issue “Climate Change and International Economic Law: Chiasms and Complementarities,” 2015 [also published as Queen Mary School of Law Legal Studies Research Paper 208/2015, pp. 1-49]
  • R. Leal-Arcas and J. Alemany Rios, “The creation of a European Energy Union,” European Energy Journal, Vol. 5, Issue 3, 2015
  • “The European Union and its energy security challenges,” Journal of World Energy Law and Business, Vol. 8, 2015, Oxford University Press (with J. Alemany Rios, and C. Grasso)
  • “The European Union and its energy security challenges: Engagement through and with networks,” Contemporary Politics, pp. 1-21, 2015, DOI: 10.1080/13569775.2015.1061242 (with J. Alemany Rios, and C. Grasso)
  • "Energy Transit: Intergovernmental Agreements on Oil and Gas Transit Pipelines," Renewable Energy Law and Policy Review, Vol. 6(2), pp. 122-162, 2015 (with M. Peykova, T. Choudhury, and M. Makhoul)
  • Inter-State cooperation in energy transit,” UNU-CRIS Working Paper W-2015/2, 2015, pp. 1-23 (with A Filis)
  • Renewable energy disputes in the World Trade Organization,” Oil, Gas and Energy Law Journal, Vol. 13, Issue 3, pp. 1-51, 2015 (with A Filis)
  • Multilateral, regional and bilateral energy trade governanceRenewable Energy Law and Policy Review, 1/2015 (with Costantino Grasso and Juan Alemany Rios)

2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

2004

2003

2002

2001

D) Book Chapters/Contributions

E) Book Reviews

F) Outreach and Appearance

Works in progress

  • Climate Change, International Trade, and Energy Law: Issues for the WTO and the EU

PhD Supervision

Dr Rafael Leal-Arcas welcomes proposals for PhD supervision in the broad fields of international economic law (including 'trade and' issues such as trade and energy, trade and climate change) and EU external economic relations.

PhD Examiner

October 2014 University of Essex School of Law, United Kingdom
External examiner for PhD defence of doctoral candidate Abdullah Nasser Al Mandhari on FDI: ‘Applicable law and stabilisation clauses in State contracts with foreign investors: With special reference to the Sultanate of Oman’

June 2013 University of Essex School of Law, United Kingdom
External examiner for PhD defence of doctoral candidate Ms Fatima Alhewail on FDI: ‘Critical Analysis of the Kuwaiti Regulatory Framework for Foreign Direct Investment in the Non-Oil Sector’

June 2012 University of Leicester School of Law, Leicester, United Kingdom
External examiner for PhD defence of doctoral candidate Mr Zhenyun Chen on risks, challenges and prospects for China’s banking industry after entry into the WTO:
‘The corporate governance reform of State-owned commercial banks in China’

June 2011 University of Essex School of Law, United Kingdom
External examiner for PhD defence of doctoral candidate Ms Shengxiang Wei on WTO law:
‘The exercise of discretion in anti-dumping regimes, with reference to the substantive rules of the WTO, the WU, and China’

May 2011 University of Oxford, Faculty of Law, Oxford, United Kingdom
External examiner for PhD defence of doctoral candidate Mr Ming Du on WTO law: ‘Product standards in international trade: Assessing the scope of domestic regulatory autonomy in the GATT/WTO system’

February 2010 University of Central Lancashire, Preston, United Kingdom
External Examiner for PhD defence of doctoral candidate Mrs Katharina Serrano on EU external relations law: ‘EU-South Pacific: Trade-development nexus in Economic Partnership Agreements’

December 2009 Institute of Advanced Legal Studies, London, United Kingdom
Internal Examiner for PhD defence of doctoral candidate Mr Elrehim M Al-Kashif on WTO: ‘Non-violation complaints in the GATT 47/WTO jurisprudence: Elements, scope and contribution to the development of international law’

Public engagement

Professor Leal-Arcas' presentations [PDF 322kb]

Public Speaking Engagements


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