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‘This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.’
– Michael Trebilcock, University of Toronto, Canada
Contributors: Y. Akyüz, D. Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E. Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T. Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III
Full table of contents
International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries.
The onset of the current process of globalization has brought about momentous changes to the rules and processes of international law. This comprehensive book examines a number of these changes, including the radical expansion of international economic law, the increase in the power of international economic organizations, and the new informal approaches to law-making. The greater reliance on judicial and arbitral mechanisms, and the proliferation of international human rights instruments, many of which have a direct bearing on international economic relations, are also discussed. The contributors to this book are all prominent experts in the fields of international law and international political economy, drawn from both developing and developed countries.
This insightful book will appeal to scholars and advanced students with an interest in international law, development studies, international political economy and international governance. It will also be an indispensable tool for practitioners – including members of leading international NGOs, international lawyers, political scientists and international development specialists.
Julio Faundez and Celine Tan
2. International Economic Law and Development: Before and After Neo-Liberalism
3. Multilateral Disciplines and the Question of Policy Space
4. Assessing International Financial Reform
5. Crisis and Opportunity: Emerging Economies and the Financial Stability Board
Enrique R. Carrasco
6. The New Disciplinary Framework: Conditionality, New Aid Architecture and Global Economic Governance
7. Taxing Constraints on Developing Countries and the Global Economic Recession
8. The World Trade Organization and the Turbulent Legacy of International Economic Law-making in the Long Twentieth Century
9. Holistic Approaches to Development and International Investment Law: The Role of International Investment Agreements
10. Human Rights and Transnational Corporations: Establishing Meaningful International Obligations
11. Core Labour Standards Conditionalities: A Means by Which to Achieve Sustainable Development?
12. Developing Countries and International Competition Law and Policy
13. Does the Globalization of Anti-Corruption Law Help Developing Countries?
Kevin E. Davis
14. Intellectual Property, Development Concerns and Developing Countries
15. Biotechnology and the International Regulation of Food and Fuel Security in Developing Countries
Mary E. Footer
16. Environment and Development – The Missing Link
17. The UN Climate Change Convention and Developing Countries: Towards Effective Implementation
Vicente Paolo B. Yu III