International Economic Law In The 21st Century
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| Author | : Ernst-Ulrich Petersmann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 471 |
| Release | : 2012-07-24 |
| Genre | : Law |
| ISBN | : 1847319815 |
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
| Author | : Christopher C. Joyner |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 388 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780742500099 |
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
| Author | : John Linarelli |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 366 |
| Release | : 2013-09-30 |
| Genre | : Law |
| ISBN | : 1782549056 |
The fairness of institutions of global economic governance ranks among the most pressing issues of our time.
| Author | : Julien Chaisse |
| Publisher | : Springer |
| Total Pages | : 515 |
| Release | : 2017-11-13 |
| Genre | : Law |
| ISBN | : 9811067317 |
The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.
| Author | : Colin Picker |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 379 |
| Release | : 2017-12-14 |
| Genre | : Law |
| ISBN | : 1509915400 |
This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.
| Author | : Valeria Pulignano |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 304 |
| Release | : 2019-11-07 |
| Genre | : Law |
| ISBN | : 9403518200 |
It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
| Author | : Franklin Allen |
| Publisher | : |
| Total Pages | : 561 |
| Release | : 2014 |
| Genre | : Business & Economics |
| ISBN | : 0198723458 |
Substantial progress in the fight against extreme poverty was made in the last two decades. But the slowdown in global economic growth and significant increases in income inequality in many developed and developing countries raise serious concerns about the continuation of this trend into the 21st century. The time has come to seriously think about how improvements in official global governance, coupled with and reinforced by rising activism of 'global citizens' can lead to welfare-enhancing and more equitable results for global citizens through better national and international policies. This book examines the factors that are most likely to facilitate the process of beneficial economic growth in low-, middle-, and high-income countries. It examines past, present, and future economic growth; demographic changes; the hyperglobalization of trade; the effect of finance on growth; climate change and resource depletion; and the sense of global citizenship and the need for global governance in order to draw longer-term implications, identify policy options for improving the lives of average citizens around the world, and make the case for the need to confront new challenges with truly global policy responses. The book documents how demographic changes, convergence, and competition are likely to bring about massive shifts in the sectoral and geographical composition of global output and employment, as the center of gravity of the global economy moves toward Asia and emerging economies elsewhere. It shows that the legacies of the 2008-09 crisis-high unemployment levels, massive excess capacities, and high debt levels-are likely to reduce the standard of living of millions of people in many countries over a long period of adjustment and that fluctuations in international trade, financial markets, and commodity prices, as well as the tendency of institutions at both the national and international level to favor the interests of the better-off and more powerful pose substantial risks for citizens of all countries. The chapters and their policy implications are intended to stimulate public interest and facilitate the exchange of ideas and policy dialogue.
| Author | : Augusto Lopez-Claros |
| Publisher | : Cambridge University Press |
| Total Pages | : 561 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1108476961 |
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
| Author | : Alexei Kireyev |
| Publisher | : Cambridge University Press |
| Total Pages | : 457 |
| Release | : 2017-12-14 |
| Genre | : Business & Economics |
| ISBN | : 1108421288 |
The book explores the impact of recent WTO accession experiences on the development of the multilateral trading system.
| Author | : John Linarelli |
| Publisher | : Oxford University Press |
| Total Pages | : 337 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198753950 |
Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
