Mark Feldman

Professor of Law

In the 21st century, the structure and decision-making of multinational enterprises are changing in fundamental ways. Key responsibilities are shifting from centralized headquarters to dispersed networks of affiliates; integrated international production systems have emerged; and forms of government influence are becoming more varied and less formal. To keep pace with these rapid changes, international economic law obligations and international dispute settlement procedures must adapt, which raises challenging issues for scholars, practitioners, and policymakers.”

  • Mark Feldman is a scholar of international investment and treaty arbitration. Before joining STL, Professor Feldman served as Chief of NAFTA/CAFTA-DR Arbitration in the Office of the Legal Adviser at the U.S. Department of State. As Chief, he represented the United States as a Respondent or non-disputing Party in more than a dozen investor-State disputes and provided legal counsel supporting the negotiation of U.S. bilateral investment treaties and investment chapters of free trade agreements. His government experience also includes service as a law clerk to Judge Eric L. Clay on the U.S. Court of Appeals for the Sixth Circuit, and as a Peace Corps Volunteer in Lesotho during South Africa’s transition to democracy. In the private sector, he practiced law for several years at the international law firm Covington & Burling. He currently serves as a member of the Institute for Transnational Arbitration’s Academic Council and as a Global Associate of the National University of Singapore’s Centre for International Law.

    Professor Feldman frequently is invited to present on international economic law issues, most recently in Sydney (China’s Outbound Foreign Direct Investment: The U.S. Experience, China-Australia Foreign Investment Roundtable, The Australian National University); in Seoul (International Arbitration – A Regional Journey, ICC Asia-Pacific Conference); in Beijing (China- Inside and Out, ABA Section of International Law, Beijing Foreign Studies University); in Washington D.C. (Offensive and Defensive Interests in China’s Investment Treaty Practice; China-Africa Investment Treaties and Dispute Resolution, American Society of International Law Annual Meeting); in Singapore (Particularity and Clarity in BIT, Can Investment Treaty Arbitration Be Improved?, International Investment Arbitration Conference, National University of Singapore); and in Kyoto (Corporate Nationality Planning in Investment Treaty Arbitration, Kyoto University Faculty of Law), among others.

    Professor Feldman collaborated with Professor Wenhua Shan, Dean of Xi’an Jiaotong Law School, to edit a Special Issue of TDM (a leading peer-reviewed online journal publishing about various aspects of international arbitration with a special focus on investment arbitration), titled “The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century.”

    Professor Feldman holds a B.A. from the University of Wisconsin, where he was elected to Phi Beta Kappa, and a J.D. from Columbia Law School, where he was a James Kent Scholar, Harlan Fiske Stone Scholar, and recipient of the Parker School Certificate in International and Comparative Law.

    Curriculum Vitae

    Education:

    • J.D., Columbia Law School
    • B.A., University of Wisconsin

    E-mail:

    mfeldman@stl.pku.edu.cn

     

    • Contract Law I & II
    • International Business Transactions
    • Treaty Arbitration
  • Peer-reviewed articles

    State-owned Enterprises as Claimants in International Investment Arbitration, 31 ICSID Rev. Foreign Investment L.J. 24 (2016) (Oxford University Press) (invited submission)

    China’s Outbound Foreign Direct Investment: The U.S. Experience, [  ] Int’l J. Pub. Pol. [  ] (forthcoming 2016), Special Issue on The Regulatory Response to China’s State-Owned Enterprise Investment Abroad (invited submission)

    The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law: Towards a Free Trade Area of the Asia-Pacific (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle), E15 Initiative (Geneva, International Centre for Trade and Sustainable Development and World Economic Forum) (2016) www.e15initiative.org (invited submission)

    Setting Limits on Corporate Nationality Planning in Investment Treaty Arbitration, 27 ICSID Rev. Foreign Investment L.J. 281 (2012) (Oxford University Press) (invited submission)

    The Standing of State-Owned Entities under Investment Treaties, Yearbook on International Investment Law and Policy 2010/2011 (K. Sauvant, ed., 2012) (Oxford University Press) (invited submission)

     

    Articles

    Denial of Benefits after Plama v. Bulgaria, Building International Investment Law: The First 50 Years of ICSID (M. Kinnear et al., eds. 2015) (Kluwer Law International) (invited submission)

    Distinguishing Investors from Exporters under Investment Treaties, Reshaping The Investor-State Dispute Settlement System (J. Kalicki and A. Joubin-Bret, eds., 2015) (BRILL) (invited submission)

    Joint Interpretations under a Divided TPP Investment Chapter, China and International Investment Law (W. Shan and J. Su, eds., 2014) (BRILL) (invited submission)

    The United States as an International Litigant, Litigating International Law Disputes (N. Klein, ed., 2014) (Cambridge University Press) (invited submission)

    NAFTA Chapter 11 at Fifteen: A Few Key Questions Resolved, Fifteen years of NAFTA Chapter 11 Arbitration (E. Gaillard and F. Bachand, eds., 2011) (Juris Publishing) (invited submission)

    Mexico’s Caución Bursátil: Compliance with NAFTA and Enforcement Abroad, 5 L. & Bus. Rev. Am. 440 (1999)

     

    Book reviews

    Karl Sauvant and Federico Ortino, Improving the International Law and Policy Regime: Options for the Future, 2 Peking University Transn’l L. R. 519 (2014)

    The Effect of Treaties on Foreign Direct Investment (K. Sauvant and L. Sachs, eds.), 24 ICSID Rev. Foreign Investment L.J. 296 (2009)

     

    Essays

    The Pacific Rim as a Platform for International Investment Law Harmonization, Columbia FDI Perspectives, No. 178 (July 18, 2016) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited submission) (peer-reviewed)                                         

    La Cuenca del Pacifico y la Armonización del Derecho Internacional Sobre Inversiones, Puentes Vol. 17 No. 4 (July 7, 2016) (International Centre for Trade and Sustainable Development) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited submission)

    The Emerging Harmonization of the International Investment Law Regime, Kluwer Arbitration Blog (July 2015) (invited submission)

    Joint Interpretations, a TPP Investment Chapter, and Australia, Kluwer Arbitration Blog (August 2013) (invited submission)

    The Standing of State-Controlled Entities under the ICSID Convention: Two Key Considerations, Columbia FDI Perspectives (2012) (K. Sauvant and J. Reimer, eds.) (invited submission) (peer-reviewed)

     

    PRESENTATIONS

    Investment Arbitration under Mega-Regional Free Trade Agreements: A 21st Century Model, 2016 Taipei International Conference on Arbitration and Mediation (Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy), Taipei, Taiwan (August 2016)

    Towards Investment Harmonization in the Asia Pacific, Investment in an Era of Mega-Regionals, (World Economic Forum/International Centre for Trade and Sustainable Development/Japan External Trade Organization/Research Institute of Economy, Trade, and Industry), Tokyo, Japan (July 2016)

    Investment Treaty Arbitration: Distinctive Characteristics, Shenzhen Court of International Arbitration, Shenzhen, China (June 2016)

    “Mega-regional” Free Trade Agreements and 21st Century Investment Policy, Policy Dialogue on Facilitating Global Investment through Policy Cooperation and Coordination, E15 Initiative (World Economic Forum/International Centre for Trade and Sustainable Development), Geneva, Switzerland (May 2016)

    Investment Arbitration under Plurilateral Trade Agreements: The TPP as a 21st Century Model, The Trans-Pacific Partnership (TPP): A Paradigm Shift in International Trade Regulation? (Chinese University of Hong Kong and Asia WTO Research Network), Hong Kong (May 2016)

    Investment Policy Options for G20 Collaboration, Workshop on Key Policy Options for the G20 to Support Robust International Trade and Investment (International Centre for Trade and Sustainable Development and Institute of World Economics and Politics, Chinese Academy of Social Sciences), Nanjing, China (April 2016)

    Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, National University of Singapore Centre for International Law Investment Treaty Appellate Mechanism Research Project Workshop, Singapore (April 2016)

    State-owned Enterprises as Claimants in International Investment Arbitration, ICSID at 50: The Evolution of International Investment Treaties and Dispute Resolution (International Centre for Settlement of Investment Disputes /Xi’an Jiaotong University), Xi’an, China (November 2015)

    A Pacific Rim Platform for International Investment Law Harmonization, Asia FDI Forum (CUHK Faculty of Law, Columbia Center for Sustainable Investment, Oxfam Hong Kong), Chinese University of Hong Kong (November 2015)

    Appellate Mechanism Options: Consistency, Accuracy, Balance of Power, 4th Asia Pacific ADR Conference (UNCITRAL/Ministry of Justice of Korea/Korea Commercial Arbitration Board/International Chamber of Commerce), Seoul, Korea (November 2015)

    Environmental Regulation, Sustainable Development, and NAFTA, Sustainable Development and International Law, Chinese University of Hong Kong (October 2015)

    Investment Law Harmonization in the Pacific Rim Region, APEC Investment Experts’ Group, Cebu, Philippines (August 2015).

    New Regionalism and South-South Trade, HK Summit 2015 (ICCA/HKIAC), Hong Kong (May 2015)

    SOE Protections and Disciplines, HKIAC ADR in Asia Conference, Hong Kong (Oct. 2014)

    China’s Outbound FDI: The U.S. Experience, Australian National University Forum on SOE Investment, Sydney, Australia (Aug. 2014)

    International Arbitration – A Regional Journey, ICC Asia-Pacific Conference, Seoul, Korea (May 2014) (moderator)

    China – Inside and Out, ABA Section of International Law/Beijing Foreign Studies University, Beijing, China (September 2013)

    Offensive and Defensive Interests in China’s Investment Treaty Practice, China-Africa Investment Treaties and Dispute Settlement, American Society of International Law Annual Meeting, Washington, DC (April 2013)

    Joint Interpretations under a Divided TPP Investment Chapter, New Developments in Arbitration Against Sovereigns, Georgetown Law School, Washington, DC (April 2013)

    Particularity and Clarity in BITs, Can Investment Treaty Arbitration Be Improved?, Singapore International Investment Arbitration Conference, Centre for International Law, National University of Singapore (December 2012)

    Corporate Nationality Planning in Investment Treaty Arbitration, Kyoto University Faculty of Law, Kyoto, Japan (October 2012)

    Distinctive Characteristics of Investor-State Arbitration under NAFTA Chapter 11, Investment Treaty Arbitration: Problems and Perspective, Uryu & Itoga, Tokyo, Japan (October 2012)

    Dispute Settlement under a TPP Investment Chapter: Some Preliminary Thoughts, China and ICSID Workshop/Roundtable, Xi’an Jiaotong University School of Law, Xi’an, China (June 2012)

    Looking to the Future: Treatment of Investment under Trade and Investment Treaties,

    Colombia Arbitration Workshop, Bogotá Chamber of Commerce, Bogotá, Colombia (August 2010)

    Impact of Tribunal Interpretations on Treaty Drafting, UNCTAD/APEC/USAID Workshop on Dispute Prevention and Preparedness, Washington, DC (July 2010)

    Arbitration with States and State Entities under Contracts and Treaties, ICC Young Arbitrators Forum, Washington, DC (July 2010)

    U.S. International Investment Policy 2010 and Beyond, D.C. Bar International Law Section/International Investment & Finance Committee, Washington DC (April 2010)

    Experiences of Stakeholders in Investment Arbitration and Dispute Resolution,

    Washington & Lee/UNCTAD Joint Symposium on International Investment and ADR, Lexington, VA (March 2010)

    States and State-Controlled Entities as Claimants in International Investment Arbitration,

    Vale Columbia Center on Sustainable International Investment, Columbia Law School, New York, NY (March 2010)

    What Does the Future Hold For International Arbitration?  Professor Thomas Wälde Memorial Symposium, Centre for Energy, Petroleum, and Mineral Law and Policy, University of Dundee,

    St. Andrews, Scotland (October 2009)

    NAFTA Defenses and Process, International Law Institute, Washington DC (October 2009)

    The States’ Perspectives, 15 Years of NAFTA Chapter 11 Arbitration, McGill University/International Arbitration Institute, Montreal, Canada (September 2009)

    Investment Disputes and Resolution Mechanisms, U.S. Global Investment Policy, Foreign Service Institute, U.S. Department of State, Washington DC (July 2009)

    Arbitrators and Issue Conflict – Treading a Tightrope of Legitimacy? Juris Conferences, Second Annual Investment Treaty Arbitration Conference, Washington DC (April 2008)

    Defenses Available to States in Investor-State Arbitration, International Law Institute, Washington DC (June 2007)

     

    PEER REVIEW

    The Chinese Journal of Comparative Law, Asian Journal of International Law, Columbia FDI Perspectives, European Law Journal, Asia Pacific Law Review, Yearbook on International Investment Law & Policy, Journal of World Energy Law & Business, European Investment Law and Arbitration Review

  • Recent presentations:

    • New Regionalism and South-South Trade, HK Summit 2015 (ICCA/HKIAC), Hong Kong (May 2015)
    • SOE Protections and Disciplines, HKIAC ADR in Asia Conference, Hong Kong (Oct. 2014)
    • China’s Outbound FDI: The U.S. Experience, ANU Forum on SOE Investment, Sydney, Australia (Aug. 2014)
    • International Arbitration – A Regional Journey, ICC Asia-Pacific Conference, Seoul, Korea (May 2014) (moderator)

    In the News:

    Professor Feldman and Director Aycock Present to Malaysian Bar

    Professor Feldman Speaks at ISDS Seminar in Seoul

    Professor Feldman Invited Expert at G20 International Trade and Investment Workshop in Nanjing

    Professor Mark Feldman Appointed to High-Level Task Force

    STL Hosts STL/Kyoto University Joint Student Seminar in International Law

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Peking University School of Transnational Law

Room 410, School of Transnational Law
Peking University Shenzhen Graduate School,
University Town, Xili, Nanshan District,
Shenzhen, China 518055