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It is often argued that there is an inherent tension between international human rights law and the rules of free trade. This book explores the assumptions underlying this debate and argues that we need to reconsider them, focusing more on how expert knowledge and informal relationships shape trade law and its interaction with human rights.
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
George Louis Beer Prize Winner Wallace K. Ferguson Prize Finalist A Marginal Revolution Book of the Year “A groundbreaking contribution...Intellectual history at its best.” —Stephen Wertheim, Foreign Affairs Neoliberals hate the state. Or do they? In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level. It was a project that changed the world, but was also undermined time and again by the relentless change and social injustice that accompanied it. “Slobodian’s lucidly written intellectual history traces the ideas of a group of Western thinkers who sought to create, against a backdrop of anarchy, globally applicable economic rules. Their attempt, it turns out, succeeded all too well.” —Pankaj Mishra, Bloomberg Opinion “Fascinating, innovative...Slobodian has underlined the profound conservatism of the first generation of neoliberals and their fundamental hostility to democracy.” —Adam Tooze, Dissent “The definitive history of neoliberalism as a political project.” —Boston Review
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Anchored in the principles of the free-market economics, 'neoliberalism' has been associated with such different political leaders as Ronald Reagan, Margaret Thatcher, Bill Clinton, Tony Blair, Augusto Pinochet, and Junichiro Koizumi. In its heyday during the late 1990s, neoliberalism emerged as the world's dominant economic paradigm stretching from the Anglo-American heartlands of capitalism to the former communist bloc all the way to the developing regions of the global South. At the dawn of the new century, however, neoliberalism has been discredited as the global economy, built on its principles, has been shaken to its core by a financial calamity not seen since the dark years of the 1930s. So is neoliberalism doomed or will it regain its former glory? Will reform-minded G-20 leaders embark on a genuine new course or try to claw their way back to the neoliberal glory days of the Roaring Nineties? Is there a viable alternative to neoliberalism? Exploring the origins, core claims, and considerable variations of neoliberalism, this Very Short Introduction offers a concise and accessible introduction to one of the most debated 'isms' of our time. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The fatal embrace of human rights and neoliberalism Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society. In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects.
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.
One of the most striking innovations in international law of the last decade is the creation of a standing appellate court at the World Trade Organization, "the Appellate Body". While there are other international tribunals with appellate chambers, the WTO Appellate Body stands out for its creation of a rich and controversial body of jurisprudence, crafted through the dozens of rulings it has made since 1996. In areas such as trade and environment, and trade and health, the Appellate Body has stepped into some of the most heated trade conflicts of the post-Seattle world. This book examines the WTO Appellate Body as the first full blown international law experiment with "routine" appellate review. Issues covered include the choice of interpretative method by the Appellate Body, its internal operations (for example the role of collegiality and the staff in the Appellate Body Secretariat), the Appellate Body's understanding of its own jurisdiction and mandate, and the argument put by critics that the Appellate Body has been engaging in inappropriate "judicial activism", especially in sensitive areas such as the review of domestic trade remedy (dumping, subsidies and safeguards) cases. As the first book length analysis and assessment of the Appellate Body, this volume will be of interest to trade law specialists, but also to all those who are concerned with the relationship of law to politics in global governance, and with the role of the international judge.
What does a just society look like? Do we have to accept modern capitalist society with all of its inequality? Is there another way to ensure prosperity and dignity for all? These are some of the questions A Just Society seeks to answer through a deep examination of the past and present of the two most important socio-economic systems, socialism and capitalism. Professor David Dasic, professor Emeritus at the University of Belgrade, looks at delves into the history of socialism in the USSR and Yugoslavia, analyzing how and why Soviet and Yugoslav socialism failed, while the current hybrid socio-economic system in China continues to prosper. Professor Dasic examines the transition from socialism into capitalism in Eastern European countries after the fall of the Iron Curtain and stresses aspects of socialism that outperformed their capitalist replacements. A Just Society challenges our understanding of political and economic systems as immutable gospel. Professor Dasic urges us to give up our rigid reliance on partisan terminology and to explore a world that merges the advantages of capitalism with the social benefits of socialism to create a truly just society with dignity for all. Straightforward and clear to any reader, laymen or expert, conservative or liberal, A Just Society is a must read for anyone interested in broadening their understanding of socio-economic realities, challenging their worldview, and re-imagining the future as a fairer and more equitable society with open opportunities to all.