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The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.
The world economic order has been upended by the rise of the BRIC nations and the attendant decline of the United States' international influence. In Breaking the WTO, Kristen Hopewell provides a groundbreaking analysis of how these power shifts have played out in one of the most important theaters of global governance: the World Trade Organization. Hopewell argues that the collapse of the Doha Round negotiations in 2008 signals a crisis in the American-led project of neoliberal globalization. Historically, the U.S. has pressured other countries to open their markets while maintaining its own protectionist policies. Over the course of the Doha negotiations, however, China, India, and Brazil challenged America's hypocrisy. They did so not because they rejected the multilateral trading system, but because they embraced neoliberal rhetoric and sought to lay claim to its benefits. By demanding that all members of the WTO live up to the principles of "free trade," these developing states caused the negotiations to collapse under their own contradictions. Breaking the WTO probes the tensions between the WTO's liberal principles and the underlying reality of power politics, exploring what the Doha conflict tells us about the current and coming balance of power in the global economy.
The post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.
This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
A comprehensive insight into the legal framework of international economic relations, comprising the law of the World Trade Organization, investment law, and international monetary law, this book highlights the context of human rights, good governance, environmental protection, development, and the role of the G20 and multinationals.
Why is US President Donald Trump so shockingly unorthodox in his foreign policy? How are prominent developing countries adjusting to Trump's 'America First' approach? Is Trump unintentionally a blessing in disguise for rising powers? Will the Trump effect of withdrawing America from global governance continue after him? What drives populism in the US and how is it accelerating the evolution of a 'post-American world'? What kind of arrangement is replacing the Western-led liberal international order? Trumped: Emerging Powers in a Post-American World challenges Western liberal presumptions that without America as the global policeman and financier, there would be chaos and collapse in the world or a takeover by totalitarian China. It argues that there is no need to despair about Trump's self-goal of undermining American leadership around the world because capable rising powers in different regions can fill the vacuum left by Trump's abandonment and provide order, peace, security and prosperity in their respective areas. Readers get insights into the domestic structural pressures motivating Trump's trademark foreign policy insurgency and the divisions within his 'two-track presidency' between 'nationalists' and 'globalists' which are profoundly impacting on Asia, the Middle East, Latin America and Africa. The author provides an alternative vision from the lens of powerful developing countries by arguing that the solution to a withdrawing and isolationist US is not a return to US interventionism or a China-dominated new global order but multiple 'post-American' regionally based orders.
A political economy analysis that explains international criminal law's hegemonic status in the understanding of global justice.
The rise of large and rapidly growing nations is having a significant impact on the global order, as their expanding influence reshapes the structure of power in the international system. These emerging powers are increasingly asserting themselves as major actors on the global scene. Leading this cadre of emerging powers are five nations referred to as the BRICS – Brazil, Russia, India, China and South Africa. This book takes inventory of both the individual and collective soft power of this rising bloc of nations. Having embraced the potential of this newly emphasized type of power as a means of generating international influence, these nations have dedicated substantial effort and resources to implementing a soft power offensive. This book was originally published as a special issue of the Journal of Political Power.
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.