International Economic Law and Asia

2019 ◽  
pp. 236-266
Author(s):  
Wang Jiangyu
Keyword(s):  
International Economic ◽  
International Economic Order ◽  
Asian Countries ◽  
Investment Bank ◽  
Economic Law ◽  
International Economic Law ◽  
The Pacific ◽  
New Development ◽  
Belt And Road ◽  
Special Meaning

This chapter explores the development of international economic law in Asia and the Pacific. International economic law (IEL), which is based on liberal economic theories, holds a special meaning for Asia because it has been associated with colonization, modernization, and globalization ever since it was first encountered by countries in the region. Asian countries’ subscription to IEL is thus a historical journey. Generally, Asia’s participation in the making of IEL has been rather limited, but a number of Asian countries—including China, India, Japan, Korea, and certain Southeast Asian countries—have benefited from the Western-dominated international economic order by making use of its rules, though at different times of history. The chapter then turns to several recent IEL related initiatives in Asia, including the Asian Infrastructure Investment Bank, the New Development Bank, and China’s Belt and Road Initiative.

Indo-Pacific Legal Infrastructure: A China Perspective

2019 ◽  
Vol 113 ◽  
pp. 374-378
Author(s):  
Matthew S. Erie
Keyword(s):  
International Economic ◽  
The United States ◽  
Pacific Region ◽  
Economic Law ◽  
Novel Approach ◽  
International Economic Law ◽  
Region I ◽  
Belt And Road ◽  
The Belt And Road ◽  
Legal Infrastructure

The Indo-Pacific, given its economic and geopolitical significance as exemplified by the growing multilateralism in the region, is an incubatory space for innovative legal infrastructure. Against the backdrop of growing tension between the United States and China in the region, I emphasize China's expanding footprint through the “Belt and Road Initiative” (BRI) and its capacity to shape institutions, practices, and norms of international economic law. I begin by providing context and then suggest six ways in which the BRI may offer a novel approach to international economic law, with particular salience for the Indo-Pacific region.

scholarly journals International Economic Law and Disintegration: Beware the Schmittean Moment

2020 ◽  
Vol 23 (2) ◽  
pp. 323-345
Author(s):  
Alessandra Arcuri
Keyword(s):  
International Economic ◽  
Global Economy ◽  
World Order ◽  
International Economic Order ◽  
Economic Order ◽  
Nation State ◽  
National Sovereignty ◽  
Political Dimension ◽  
Economic Law ◽  
International Economic Law

Abstract In his influential book, Straight Talk on Trade, Dani Rodrik provides a cogent critique of the existing international economic order and concludes as follows: ‘So, I accept that nation-states are a source of disintegration for the global economy.’ This article critically engages with the idea that the nation-state is a legitimate force of disintegration of the international economic order, with particular attention to trade and investment agreements. In times of raising authoritarianism, it is crucial to reflect on some of the limits of the nation-state and on the necessity to develop alternative paradigms for integrating economies and societies. Against this background, this article posits that we should beware of the risk of a ‘Schmittean moment’. This term is used to refer to a major shift toward an ideal of unfettered national sovereignty as the chief paradigm to re-orient the international (economic) order. Under such ideal, any international normative benchmark is brushed away by an allegedly more intellectually honest ‘political’ dimension, which can find its realization only in the decisionist state. To understand the risk of a ‘Schmittean moment’ it is important to recognize that the move toward more nation-state is partly animated by some legitimate concerns over the existing international legal order, such as those underpinning the analysis by Dani Rodrik. This article articulates a two-fold critique of the idea that an expansion of national sovereignty is going to achieve a better socio-economic world order per se. The first critique is internal, showing that the nation-state does not possess intrinsic characteristics to facilitate democracy, equality, and sustainability. The second is external and focuses on the necessity to look reflexively at the goals of the system of international economic law, to re-imagine it as capable to address questions of inequality and environmental degradation.

scholarly journals Economic component of the sustainable development concept

2020 ◽  
pp. 378-382
Author(s):  
Oleksandr Kharchuk
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
International Cooperation ◽  
National Level ◽  
International Economic Order ◽  
Development Cooperation ◽  
Economic Law ◽  
Right To Development ◽  
International Economic Law ◽  
The Right

The article deals with the problem of the realization of the right to development in international economic law in the context ofthe development of international cooperation. The normative component of the right to development is considered. The relationshipbetween the right to development and the system of principles of international economic law is analyzed.The normative fixing of the elements of the right to development in international legal instruments is defined. The application ofthe right to development in the practice of international organizations is shown. The article also discusses the challenges of today’s sustainabledevelopment.Sustainable development is based on three main elements: environmental, economic and social equality. The right to developmentcan’t be imagined without the institutional mechanisms of international economic law. It is clear that the activities of institutional institutions at the global, regional and subregional levels contribute to the development of partnerships at the interstate level in order toachieve development. Cooperation of states at the institutional level influences the formation of the modern international economicorder. Implementing sustainable development at the national level is a difficult task due to the vagueness of national legislation, lackof funding and lack of adequate institutional capacity. An important element in exercising the right to development is the developmentof effective mechanisms for international cooperation. Transformations in this direction require coordination, mutual responsibility andaccountability, interest and efficiency. It is clear that the activities of international institutions at the global, regional and subregionallevels promote the development of partner relations at the interstate level in order to achieve development. Cooperation of states at theinstitutional level affects the formation of modern international economic order, accelerates the formation of important conceptual provisionsof a legal, economic and political nature and promotes global development. Transformation in this direction requires coordinationof action, mutual accountability and reporting, interest and effectiveness. The enhancement of transparency and accountability inthe use of development provides assistance in creation of effective and mutually beneficial partnerships in this area.

International Economic Law at a Crossroads: Global Governance and Normative Coherence

2014 ◽  
Vol 27 (3) ◽  
pp. 677-700
Author(s):  
ANTONIO SEGURA-SERRANO
Keyword(s):  
International Economic ◽  
Global Governance ◽  
Financial Stability ◽  
International Economic Order ◽  
Trading System ◽  
Trade Relations ◽  
Economic Law ◽  
International Economic Law ◽  
Multilateral Trading System ◽  
The Multilateral Trading System

AbstractInternational economic law (IEL) is now at a crossroads regarding the reconfiguration of the international economic order. Many scholars regard the multilateral trading system as a major legal achievement and agree that the World Trade Organization (WTO) has performed as expected with respect to the 2008 crisis. By contrast, the recent financial crisis has demonstrated the inability of the international financial architecture to ensure financial stability. However, this article will review the strength of the multilateral trading system and the challenges that it now faces regarding its main goal (the stability of trade relations). A material reform in the mode of a horizontal expansion in order to protect societal values other than trade liberalization seems to be needed if we want the WTO to be up to the tasks and demands flowing from global governance. Similarly, this article will analyse the current structure of the international financial system as well as the elements that would need to be changed in order to achieve the aim of financial stability. To accomplish that end, an institutional reform in the mode of a vertical expansion of IEL is proposed. Global governance and normative coherence have been used as the theoretical tools to unveil the similarities stemming from the functions performed and the need for transformation that both areas of IEL have in common. The reform proposals submitted for both areas of law would introduce a meaningful step from negative regulation towards a more positive approach to regulation.

scholarly journals Some Evidence of a New International Economic Order in Place

2019 ◽  
Vol 22 (2) ◽  
pp. 397-410
Author(s):  
Gabrielle Marceau
Keyword(s):  
International Economic ◽  
International Economic Order ◽  
Ethical Aspects ◽  
Resources Management ◽  
Original Language ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
International Economic Law ◽  
General Perspective

In the course of a meeting held in La Malbaie (Québec, Canada) on August 5th to 7th, 1990, thirty european, north-american and african jurists and economists exchanged ideas on the evolution of international economic law. This first colloquium organised by the SDIE (Canada) in cooperation with the SDIE (France) covered historical, theorical, practical and ethical aspects of this sector of law which covers the organisation of trade and production, monetary and financial relations, international trade law, resources management and environmental protection. The present document reproduces the texts submitted by the speakers in their original language. The first two papers aim at giving a general perspective of the variables of International Economic Law. The following papers focus on specific areas of international economic law where changes are taking place.

scholarly journals Economic component of the sustainable development concept

2020 ◽  
pp. 378-382
Author(s):  
Oleksandr Kharchuk
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
International Cooperation ◽  
National Level ◽  
International Economic Order ◽  
Development Cooperation ◽  
Economic Law ◽  
Right To Development ◽  
International Economic Law ◽  
The Right

The article deals with the problem of the realization of the right to development in international economic law in the context ofthe development of international cooperation. The normative component of the right to development is considered. The relationshipbetween the right to development and the system of principles of international economic law is analyzed.The normative fixing of the elements of the right to development in international legal instruments is defined. The application ofthe right to development in the practice of international organizations is shown. The article also discusses the challenges of today’s sustainabledevelopment.Sustainable development is based on three main elements: environmental, economic and social equality. The right to developmentcan’t be imagined without the institutional mechanisms of international economic law. It is clear that the activities of institutional institutions at the global, regional and subregional levels contribute to the development of partnerships at the interstate level in order toachieve development. Cooperation of states at the institutional level influences the formation of the modern international economicorder. Implementing sustainable development at the national level is a difficult task due to the vagueness of national legislation, lackof funding and lack of adequate institutional capacity. An important element in exercising the right to development is the developmentof effective mechanisms for international cooperation. Transformations in this direction require coordination, mutual responsibility andaccountability, interest and efficiency. It is clear that the activities of international institutions at the global, regional and subregionallevels promote the development of partner relations at the interstate level in order to achieve development. Cooperation of states at theinstitutional level affects the formation of modern international economic order, accelerates the formation of important conceptual provisionsof a legal, economic and political nature and promotes global development. Transformation in this direction requires coordinationof action, mutual accountability and reporting, interest and effectiveness. The enhancement of transparency and accountability inthe use of development provides assistance in creation of effective and mutually beneficial partnerships in this area.

Counterstorytelling in International Economic Law

2021 ◽  
pp. 237-255
Author(s):  
Matthew Windsor
Keyword(s):  
International Economic ◽  
Critical Race Theory ◽  
International Economic Order ◽  
Historical Account ◽  
Race Theory ◽  
The Past ◽  
Economic Law ◽  
Neoliberal Capitalism ◽  
International Economic Law ◽  
Intellectual Origins

This chapter critically evaluates the phenomenon of counterstorytelling in the context of international economic law. The intellectual origins and conceptual assumptions of the narrative turn in legal thought are surveyed, before counterstorytelling is discussed—a style of narrative jurisprudence that emerged primarily in the context of critical race theory, and whose power inheres in its mythbusting potential. Counterstorytelling is illustrated with reference to the past, present, and future of international economic law, focusing respectively on: Adom Getachew’s historical account of the New International Economic Order in Worldmaking after Empire; the diagnostic of the current backlash against economic globalization in Lynn Nottage’s play Sweat; and efforts to forecast the trajectories of neoliberal capitalism.

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