scholarly journals Shifting Design Paradigms: Why Tomorrow's International Economic Law May Look More Like the Tax Regime than the WTO

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 270-274
Author(s):  
Wolfgang Alschner

Rampant unilateralism, insistence on national sovereignty, a wariness of multilateral institutions and third-party adjudication—for international trade lawyers, this is the stuff of nightmares. For international tax lawyers, these are the normal operating parameters of the international tax regime. In fact, the same forces that are currently unraveling the World Trade Organization (WTO) are simultaneously enabling pragmatic and creative reforms of international tax law. Ruth Mason's account of the Transformation of International Tax invites us to draw broader lessons on how international economic law could adapt to survive and even thrive in a political environment increasingly hostile towards WTO-style multilateralism.

Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.


2018 ◽  
Vol 18 (1) ◽  
pp. 45
Author(s):  
Tania Voon ◽  
Hope Nadine Johnson

Building on the companion piece by Christine Parker and Hope Johnson on international instruments supporting holistic dietary guidelines, this article examines potential concerns raised by such guidelines under international trade law and international investment law. Drawing lessons from the World Health Organization Framework Convention on Tobacco Control (‘WHO FCTC’) and its relevance to recent disputes in international economic law, this article examines the role of international instruments in supporting domestic dietary guidelines that could be challenged in the dispute settlement system of the World Trade Organization (‘WTO’) or under investor-state dispute settlement. The article includes an assessment of the potential impact of international economic laws on holistic dietary guidelines and related regulatory interventions, as well as a discussion of how a WHO treaty on healthy and sustainable diets could influence the interpretation and application of key trade and investment provisions. The article concludes that holistic dietary guidelines can be implemented in a manner consistent with international economic law, at least if local products are not prioritised.


2020 ◽  
pp. 490-526
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà

This chapter discusses the historical development and contemporary operation of international economic law, with a focus on trade, development, and monetary and investment relations. It pays particular attention to the emergence of the system with the 1944 Bretton Woods Conferences establishing the IMF and the World Bank, the adoption of the GATT in 1947, the revindications and influence of developing countries on the evolution of the system (with the declaration of a New International Economic Order), and the contemporary law of international trade (under the World Trade Organization) and foreign investment transactions (under investment agreements protected by investment arbitration organized under the ICSID).


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