Dr Rafael Leal-Arcas, PhD, MRes (EUI), JSM (Stanford), LLM (Columbia), MPhil (LSE), BA, LLB (Granada), Barrister & Solicitor (Madrid)
Senior Lecturer in Law
Location: Lincoln's Inn Fields
email: r.leal-arcas@qmul.ac.uk
Phone: +44 (0)20 7882 8071
Fax: +44 (0)20 7882 8101
Rafael teaches, and is the convenor of, the courses International Economic Law and the External Relations Law of the European Union, and teaches parts of the course International Trade and Intellectual Property Law in the LLM programme. He also serves as a Senior Research Fellow at the World Trade Institute (University of Bern). 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.
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), Universidade Federal de Pernambuco School of Law (Brazil), Kültür University (Turkey), and University of Bahçesehir (Turkey). 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 has acted as a consultant to 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 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 published numerous articles on international trade and WTO law, international environmental law, EU law, international investment law and the interaction among them in American and European law reviews such as the Columbia Journal of European Law, Fordham International Law Journal, Legal Issues of Economic Integration, and European Foreign Affairs Review.
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, and is a member of the Editorial Advisory Board of the journals the European Law Journal, Melbourne Journal of International Law, London Law Review, European Integration Online Papers, International Journal of Communication, Journal of Int'l Commercial Law & Technology, International Journal of Private Law, Global Journal of Economics and Finance and Vienna Online 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 American Society of International Law, the Society of International Economic Law, the Asian Society of International Law, Young Professionals in Foreign Policy, and the University Association for Contemporary European Studies.
He is a qualified attorney in Madrid and speaks English, Spanish, French, German, Italian, Ladino, and conversational Portuguese. Rafael is currently completing a novel based on a true criminal case in Italy.
Publications:
Rafael Leal-Arcas' scholarly papers on the SSRN website
Public Speaking Engagements
Dr Leal-Arcas' presentations [PDF 107kb]
Publications since 2001
A) Books
- 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 - To be Reviewed by Transnational Dispute Management, 2011
- 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
- ‘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.’
- 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) Articles in International Peer-Reviewed Journals
2012
- “Climate Migrants: Legal Options,” Procedia – Social and Behavioral Sciences, Vol. 37, pp. 86-96, 2012
- “Geoengineering the Climate: An Overview” Oil, Gas & Energy Law Intelligence, Vol. 10, Issue 3, pp. 1-15, 2012
- “The Role of the European Union and China in Global Climate Change Negotiations: A Critical Analysis,” Journal of European Integration History, Vol. 18, 2012 (commissioned by editorial board)
- “Reflections on EU International Trade Law: An EU Introspective View,” Frontiers of Law in China, Vol. 7, No. 1, 2012
2011
- "Combining Top-down and Bottom-up Approaches for Climate Change Negotiations" OUTREACH, Stakeholderforum, pp. 4-5, December 2011
- “Top-down versus Bottom-up Approaches for Climate Change Negotiations: An Analysis,” The IUP Journal of Governance and Public Policy, Vol. 6, No. 4, December 2011
- “Comparative Analysis between NAFTA’s Chapter 20 and the WTO’s Dispute Settlement Understanding,” in Weiler, T. and Hamida, W. Investment Treaty Law and WTO Law (published in Transnational Dispute Management)
- “Alternative Architecture for Climate Change: Major Economies” European Journal of Legal Studies, Vol. 4, Issue 1, 2011
- "Kyoto and the COPs: Lessons Learned and Looking Ahead," Hague Yearbook of International Law, Vol. 24, 2011 (by invitation of the Editor in Chief)
- The Fragmentation of International Trade Law: Is Now the Time for Variable Geometry?” Journal of World Investment and Trade, Vol. 12, No. 2, 2011
- "Proliferation of Regional Trade Agreements: Complementing or Supplanting Multilateralism?" Chicago Journal of International Law, Vol. 11, No. 2, 2011
- "On China's Economic Rise: Multilateral versus Regional Attitudes in Trade Agreements and the PCA with the EU," Chinese (Taiwan) Yearbook of International Law and Affairs, Vol. 27, 2011
- "A Bottom-up Approach for Climate Change: The Trade Experience," Asian Journal of Law and Economics, Vol. 2, Issue 4, pp.1-54, 2011
2010
- “European Union-China Trade Relations,” Trade, Law and Development, Vol. 2, No. 2, 2010, pp. 224-251
- "China's Attitude to Multilateralism in International Economic Law and Governance: Challenges for the World Trading System" Journal of World Investment and Trade, Vol. 11, No. 2, 2010, pp. 259-273
- "Ramifications of GATS Mode 4 for European Union-India Trade Relations," International Security Forum April 2010
- “EU-China Trade Relations: Current Difficulties and Ways to Improve Them,” International Security Forum, April 2010, pp. 1-21
2009
- “The Multilateralization of International Investment Law”, North Carolina Journal of International Law and Commercial Regulation, Vol. 35, Issue 1, 2009, pp. 33-135
- “Towards the Multilateralization of International Investment Law,” Journal of World Investment and Trade, Vol. 10, No. 6, 2009 , pp. 865-919
- "The EU and Russia as Energy Trading Partners: Friends or Foes?" European Foreign Affairs Review, Vol. 14, Issue 3, 2009 pp. 337-366, 2009
- "The European Union and New Leading Powers: Towards Partnership in Strategic Trade Policy Areas," Fordham International Law Journal, Vol. 32, 2009, pp. 345-416
- “Is Lisbon the Answer or the Anathema to EC Trade Law and Policy?,” International Journal of Liability & Scientific Enquiry, Vol. 2, No. 2, 2009, pp. 125-146
- “The European Union vis-à-vis Brazil and India: Future Avenues in Selected Trade Policy Areas” International Journal of Private Law, Vol. 2, Issue 2, 2009, pp. 109-134
- “EU Relations with China and Russia: How to Approach new Superpowers in Trade Matters,” Journal of International Commercial Law and Technology, Vol. 4, Issue 1, 2009, pp. 22-52
- "A New Era in Global Economic Governance," International Security Forum, July 2009, pp. 1-9
2008
- "How Will the EU Approach the BRIC Countries? Future Trade Challenges," Vienna Online Journal of International Constitutional Law, Vol. 2, Issue 4, pp. 235-271, 2008
- “Services as Key for the Conclusion of the Doha Round,” Legal Issues of Economic Integration, 35(4), pp. 301-321, 2008
- “The European Union vis-à-vis Brazil and India: Future Avenues in Selected Trade Policy Areas” Journal of International Trade Law and Policy, Vol. 7, Issue 1, 2008, pp. 6-26
- “The EU and Brazil: Trading Partners in Different Fora,” The Jean Monnet/Robert Schuman Paper Series, Vol. 8, No. 11, June 2008, pp. 1-12
- "50 Years of Trade Policy: Good Enough or as Good as it Gets?” Irish Journal of European Law, Vol. 15, No. 1 and 2, 2008, pp. 157-182
2007
- “Polycephalous Anatomy of the EC in the WTO: An Analysis of Law and Practice,” Florida Journal of International Law, Vol. 19.3 (2007), pp. 569-670
- “The Resumption of the Doha Round and the Future of Services Trade” Loyola of Los Angeles International and Comparative Law Review, Volume 29, Issue 3, 2007, pp. 339-461
- “Will EU Member States Play Any Role at the WTO after the EU Reform Treaty?” ViennaOnline Journal of International Constitutional Law, Vol. 1, Issue 2, pp. 75-90, 2007
- “Bridging the Gap in the Doha Talks: A Look at Services Trade,” Journal of International Commercial Law and Technology, Volume 2, Issue 4, 2007, pp. 241-249
- “Theories of Supranationalism in the EU,” Journal of Law in Society", Vol. 8.1, 2007, pp. 88-113
- “Is EC Trade Policy Up to Par?: A Legal Analysis Over Time – Rome, Marrakesh, Amsterdam, Nice, and the Constitutional Treaty,” Columbia Journal of European Law, Vol. 13.2, Spring 2007, pp. 305-399
- “Choice of Jurisdiction in International Trade Disputes: Going Regional or Global?” Minnesota Journal of International Law, Vol. 16.1, Winter 2007, pp. 1-59
2006
- “EU Legal Personality in Foreign Policy?,” Boston University International Law Journal, Vol. 24.2, 2006, pp. 165-212
- “The EU Institutions and Their Modus Operandi in the World Trading System,” Columbia Journal of European Law, Vol. 12.1, Winter 2005/2006, pp. 125-197
2005
- “The Reception of European Community Law in Spain,” Hanse Law Review, Vol. 1, No. 1, 2005, pp. 18-21,
- “The Significance of the Nice Treaty and Constitutional Treaty in Relation to Services Trade in the Doha Round Framework,” International Relations and Politics Online Quarterly, Issue 1, March 2005, pp. 62-83,
2004
- “Doha Negotiations on Services Trade: Consequences of the Nice Treaty Reform and the Constitutional Treaty,” The Federal Trust for Education and Research online Papers, 22/04, September 2004, pp. 1-11,
- “The WTO and the EC: The Three-Level Game of Decision-Making. What Multilateralism Can Learn from Regionalism,” European Integration online Papers, Vol. 8, No. 14, September 2004, pp. 1-43,
- “The EC in the GATT/WTO negotiations: From Rome to Nice- Have EC Trade Policy Reforms Been Good Enough for a Coherent EC Trade Policy in the WTO?,” European Integration online Papers, Vol. 8, No. 1, March 2004, pp. 1-29,
2003
- “The State Of Play Of The EC’s Common Commercial Policy: A Legal And Policy Analysis,” Tilburg Foreign Law Review, Vol. 11:2, 537-559, 2003
- “The European Court of Justice and the EC External Trade Relations: A Legal Analysis of the Court’s Problems with Regard to International Agreements,”Nordic Journal of International Law, 72:2, 215-251, 2003, Kluwer Law International
- “Exclusive or Shared Competence in the Common Commercial Policy: From Amsterdam to Nice,” Legal Issues of Economic Integration, 30(1): 3-14, 2003, Kluwer Law International
- “United We Stand, Divided We Fall- The European Community and its Member States in the WTO Forum: Towards Greater Cooperation on Issues of Shared Competence?,” European Political Economy Review, Vol. 1, No. 1, Spring 2003, pp. 65-79
2002
- “The European Community and the International Trading System: A Judicial Approach,” The International Relations Journal, San Francisco State University, Vol. XXII, No. 1, Fall 2002, pp. 47-54
2001
- “Unitary Character of EC External Trade Relations,” Columbia Journal of European Law, Vol. 7.3, Fall 2001, pp. 355-383
- “The European Community and Mixed Agreements,” European Foreign Affairs Review, Vol. 6, Issue 4, Winter 2001, pp. 483-513, Kluwer Law International
- “Is the Kyoto Protocol an Adequate Environmental Agreement to Solve the Climate Change Problem?,” European Environmental Law Review, Vol. 10, Issue 10, Winter 2001, pp. 282-294, Kluwer Law International
C) Book Chapters/Contributions
- “European Union-China Trade Relations: Difficulties, Possible Solutions, and the Way Forward,” in van der Harst, J. & Swieringa, P. (eds.) China and the European Union: Concord or Conflict? Shaker Publishing, pp. 129-145, 2012
- “The Role of the EU, the US, and China in Addressing Climate Change,” in Larsen, F. (ed.) The EU and the Political Economy of Transatlantic Relations, Brussels: PIE Peter Lang, 2012
- “China’s Attitude to Multilateralism in International Economic Law and Governance,” in Liu, D. (ed.) English School Theory and International History Studies, Peking University Press, 2011
- “China’s Economic Rise and Regional Trade,” in Ho, L. & Seade, J. (eds.), APEC and the Rise of China, World Scientific, 2011, pp. 93-119
- "The GATS and Temporary Migration Policy," in Lewis, M. & Frankel, S. (eds.) International Economic Law and National Autonomy, Cambridge University Press, 2010 pp. 193-215
- "The European Union and the BRIC Countries: Unilateralism, Bilateralism, and Multilateralism," in Laursen, F. (ed.) The EU in the Global Political Economy, Brussels: PIE Peter Lang, 2009, pp. 91-118
- “EU Relations with China and Russia: How to Approach new Superpowers in Trade Matters,” in Kierkegaard, S. (ed.) The Dynamics of Trade Law and Economics, International Association of IT Lawyers, 2008, pp. 184-213
- “Is Lisbon the Answer or the Anathema to EC Trade Law and Policy?” in Kierkegaard, S. (ed.) The Dynamics of Trade Law and Economics, International Association of IT Lawyers, 2008, pp. 138-158
- “The European Union vis-à-vis Brazil and India: Future Avenues in Selected Trade Policy Areas,” in Kierkegaard, S. (ed.) Business and Law: Theory and Practice, International Association of IT Lawyers, 2008, pp. 331-350, ISBN-13: 978-87-991385-4-8
- “The GATS in the Doha Round: A European Perspective,” in Andenas, M. & Alexander, K. (eds.) The World Trade Organization and Trade in Services, Brill/Nijhoff, 2008, pp. 9-104
- “A Look at Services Trade: Implications of the Doha Talks Suspension and Resumption,” in Chaisse, J. & Balmelli, T. (eds.) Essays on the Future of the World Trade Organization, Volume I, Editions Interuniversitaires Suisses, 2008, pp. 99-134
- “The EU Constitutional Treaty and International Trade,” in Laursen, F. (ed.) The Rise and Fall of the EU’s Constitutional Treaty, Brill/Nijhoff, Leiden (2008), pp. 25-50
- “Bridging the Gap in the Doha Talks: A Look at Services Trade,” in Kierkegaard, S. (ed.) International Law and Trade: Bridging the East-West Divide, International Association of IT Lawyers, 2007, pp. 23-32
- WTO Analytical Index: Guide to WTO Law and Practice, Volume Two, 2nd Edition, 2007, Co-published by the World Trade Organization and Bernan Press, Geneva (contributor to the application and interpretation of the following Articles in the Agreement on Subsidies and Countervailing Measures: Articles 1, 2, 5, 10, 11.4, 14, 24, 25, 27, 32, and Annex VII),
- “The EU Decision-Making Process in EC Trade Policy: The Three Internal Tensions,” in Astengo, F. & Neuwahl, N. (eds.) A Constitution for Europe? Governance and Policy-Making in the European Union, Vol. II, Collection “Etudes Europeennes,” Chaire Jean Monnet, Université de Montreal, 2004, pp.132-156
D) Book Reviews
- Review of International Energy Investment Law: The Pursuit of Stability, Cameron, P., Oxford University Press, 2010, published in Oil, Gas & Energy Law (OGEL) Journal, October 2010, pp. 1-4
- Review of Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO, Perišin, T., TMC Asser Press, The Hague, 2008, published in European Law Journal Vol. 16.4, 2010, pp. 508-510
- Review of EU Foreign Relations Law: Constitutional Fundamentals, Cremona, M. & De Witte, B. (eds.), Hart, Oxford and Portland, 2008, published in European Foreign Affairs Review Vol. 15, Issue 1, 2010, pp. 137-138
- Review of “External Economic Relations and Foreign Policy in the European Union,” Griller, S. & Weidel, B. (eds.), SpringerWienNewYork, 2002, published in European Law Books, on November 29, 2005
Works in progress
- Climate Change, International Trade, and Energy Law: Issues for the WTO and the EU
- "The future of regionalism in East Asia: the Creation of an East
Asia Free Trade Area," publication by Brill, 2010
Research interests:
Rafael Leal-Arcas' research interests lie in international economic law and the external relations law of the EU.

