Sovereign Rules and the Politics of International Economic Law

Author: Marc Froese
Publisher: Routledge
ISBN: 0815361750
Release Date: 2018-03-29
Genre: Foreign trade regulation

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law - introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.

Principles of International Economic Law

Author: Matthias Herdegen
Publisher: Oxford University Press
ISBN: 9780198790563
Release Date: 2016-09-01
Genre:

Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

The Politics of International Economic Law

Author: Tomer Broude
Publisher: Cambridge University Press
ISBN: 9781139499125
Release Date: 2011-03-07
Genre: Law

How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.

The Politics of International Economic Law

Author: Tomer Broude
Publisher: Cambridge University Press
ISBN: 9781139499125
Release Date: 2011-03-07
Genre: Law

How do politics and international economic law interact with each other? Financial crises and shifts in global economic patterns have refocused our attention on how the fingerprints of the 'visible hand' can be seen all over the institutions that underpin the rules of globalization. From trade and investment to finance, governments are under pressure to enforce, resist and rewrite international economic law. Lawyers have seldom given enough attention to the influence of politics on law, whereas political scientists have had an on-again, off-again fascination with how the law influences relations among states. This book leads the way toward filling this interdisciplinary gap, through a series of important studies written by leaders in the field on specific problems in international economic relations. The book demonstrates a variety of ways in which the international political-economic nexus may be researched and understood.

Value Making in International Economic Law and Regulation

Author: Donatella Alessandrini
Publisher: Routledge
ISBN: 9781317385820
Release Date: 2016-01-29
Genre: Business & Economics

This book examines the contemporary production of economic value in today’s financial economies. Much of the regulatory response to the global financial crisis has been based on the assumption that curbing the speculative ‘excesses’ of the financial sphere is a necessary and sufficient condition for restoring a healthy economic system, endowed with real values, as distinct from those produced by financial markets. How, though, can the ‘intrinsic’ value of goods and services produced in the sphere of the so-called real economy be disentangled from the ‘artificial’ value engineered within the financial sphere? Examining current projects of international legal regulation, this book questions the regulation of the financial sphere insofar as its excesses are juxtaposed to some notion of economic normality. Given the problem of neatly distinguishing these domains – and so, more generally, between economy and society, and production and social reproduction – it considers the limits of our current conceptualization of value production and measurement, with specific reference to arrangements in the areas of finance, trade and labour. Drawing on a range of innovative work in the social sciences, and attentive to the spatial and temporal connections that make the global economy, as well as the racial, gender and class articulations of the social reproductive field within it, it further asks: what alternative arrangements might be able to affect, and indeed alter, the value-making processes that underlie our current international regulatory framework?

International Economic Law

Author: Giovanna Adinolfi
Publisher: Springer
ISBN: 9783319446455
Release Date: 2016-12-29
Genre: Law

This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.

Globalisation and Labour Rights

Author: Christine Kaufmann
Publisher: Bloomsbury Publishing
ISBN: 9781847313423
Release Date: 2007-01-17
Genre: Law

In a world of work that has changed dramatically over the last few years, states see themselves confronted with new actors and conflicting international legal obligations. This book examines the tensions between core labour rights as defined by the International Labour Organisation, and the interests of international economic institutions (e.g. WTO, IMF, World Bank, OECD). It provides an analysis of the legal interactions between international regulations and state policy with regard to potential regulatory conflicts, at both the horizontal and vertical level. The study suggests a model of multilevel consistency as a way of reconciling the highly specialised and fragmented legal systems of core labour rights on the one hand, and trade liberalisation on the other, to form the coherent framework of a consistent legal order. Its detailed analysis and recommendations are designed for both academic readers and practitioners in international organisations and governments.

International Economic Law Globalization and Developing Countries

Author: Julio Faundez
Publisher: Edward Elgar Publishing
ISBN: 9781849806671
Release Date: 2010
Genre: Law

This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.

Science and Technology in International Economic Law

Author: Bryan Mercurio
Publisher: Routledge
ISBN: 9781134119707
Release Date: 2013-12-13
Genre: Law

Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.

International Economic Law

Author: Colin Picker
Publisher: Bloomsbury Publishing
ISBN: 9781847314185
Release Date: 2008-04-08
Genre: Law

'Bretton Woods' has become shorthand for the post-war international financial and economic framework. Mindful of the historic 1944 conference and its legacy for the discipline of international economic law, the American Society of International Law's International Economic Law Group (IELG) chose Bretton Woods as the venue for a landmark scholarly meeting. In November of 2006, a diverse group of academics and practitioners gathered to reflect on the past, present and future of international economic law. They sought to survey and advance three particular areas of endeavour: research and scholarship, teaching, and practice/service. This book represents an edited collection of some of the exceptional papers presented at the conference including contributions from Andreas Lowenfeld, Joel Trachtman, Amelia Porges and Andrew Lang. The volume is organised into three parts, each covering one of the three pillars in the discipline of international economic law: research and scholarship; teaching; and practice/service. It begins with an assessment of the state and future of research in the field, including chapters on questions such as: what is international economic law? Is it a branch of international law or of economic law? How do fields outside of law, such as economics and international relations, relate to international economic law? How do research methodologies influence policy outcomes? The second part examines the state and future of teaching in the subject. Chapters cover topics such as: how and where is international economic law taught? Is the training provided in the law schools suitable for future academics, government officials, or practitioners? How might regional shortcomings in academic resources be addressed? The final part of the book focuses on the state and future of international economic law practice in the Bretton Woods era, including institutional reform. The contributors consider issues such as: what is the nature of international economic law practice? What are the needs of practitioners in government, private practice, international and non-governmental organisations? Finally, how have the Bretton Woods institutions adapted to these and other challenges-and how might they better respond in the future? International Economic Law: The State and Future of the Discipline will be of interest to lawyers, economists and other professionals throughout the world-whether in the private, public, academic or non-governmental sectors-seeking both fresh insights and expert assessments in this expanding field. Indeed, the book itself promises to play a role in the next phase of the development of international economic law.

Sovereign Rules and the Politics of International Economic Law

Author: Marc Froese
Publisher: Routledge
ISBN: 9781351115568
Release Date: 2018-03-20
Genre: Political Science

How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law – introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law.

International Economic Law

Author: Ignaz Seidl-Hohenveldern
Publisher: Kluwer Law International
ISBN: 9789041112194
Release Date: 1999-09-29
Genre: Business & Economics

This is the third revised edition of International Economic Law, which was first published in 1989, and based on a General Course held by the author at The Hague Academy of International Law in 1986. The success of both the first and second editions have proven this work to be a standard textbook on international economic law which has been widely used and studied. This third edition takes account of some of the new developments in international economic law, such as the ramifications of the Internet. The comprehensive analysis of all rules of public international law having direct influence on economic relations has been maintained and elaborated. Special attention is paid to the claims for a new international economic order, the extraterritorial reach of domestic legislation, the effects of nationalization, the protection of the environment, state immunity and economic welfare.

China s Influence on Non Trade Concerns in International Economic Law

Author: Paolo Davide Farah
Publisher: Routledge
ISBN: 9781317167198
Release Date: 2016-10-14
Genre: Law

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Research Handbook in International Economic Law

Author: Andrew T. Guzm¾n
Publisher: Edward Elgar Publishing
ISBN: 9781847204233
Release Date: 2008-01-01
Genre: Political Science

This major new work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.