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Redefining Sovereignty in International Economic Law

Edited by: Wenhua Shan, Penelope Simons, Dalvinder Singh

ISBN13: 9781841137018
Published: April 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00

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The concept of state sovereignty is increasingly challenged by a proliferation of international economic instruments and major international economic institutions. States from both the south and north are re-examining and debating the extent to which they should cede control over their economic and social policies to achieve global economic efficiency in an interdependent world. A clear manifestation of this is the collapse of Cancun Ministerial Conference of World Trade Organisation (WTO) and the ongoing Doha Round negotiation. International lawyers are seriously rethinking the subject of state sovereignty, in relation to the operation of the main international economic institutions, namely the WTO, the World Bank and the International Monetary Fund (IMF).

The contributions in this volume, bringing together leading scholars from the developed and developing worlds, take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty. The first part looks at the issues from the perspectives of general international law, international economic law and legal theory. Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases.

International Trade
Part One: Sovereignty and International Economic Law
1. Sovereignty: Outdated Concept or New Approaches John H Jackson
2. State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law? Ernst-Ulrich Petersmann
3. Sovereignty, Lost and Found Robert Howse
4. Sovereignty and International Economic Law Vaughan Lowe
Part Two: Trade Liberalisation and WTO Reform
5. Trade as the Guarantor of Peace, Liberty and Security? An Chen
6. Sovereignty and Reform of the World Trade Organisation Philip M Nichols
7. Sovereignty Issues in the WTO Dispute Settlement—A 'Development Sovereignty' Perspective Asif Qureshi
8. The Rule of Law and Proportionality in WTO Law Mads Andenas and Stefan Zleptnig
Part Three: Investment Treaties and Investment Arbitration
9. The Neo-Liberal Agenda in Investment Arbitration: Its Rise, Retreat and Impact on State Sovereignty M Sornarajah
10. International Investment Arbitration: A Threat to State Sovereignty? Joachim Karl
11. Calvo Doctrine, State Sovereignty and The Changing Landscape of International Investment Law Wenhua Shan
Part Four: Banking Regulation and International Financial Institutions
12. Banking, Economic Development and the Law Charles Chatterjee and Anna Lefcovitch
13. The Role of the IMF and World Bank in Financial Sector Reform and Compliance Dalvinder Singh
14. International Financial Law and the New Sovereignty: Legal Arbitrage as an Emerging Dimension of Global Governance Jorge Guira
Part Five: Human Rights and International Economic Law
15. Re-Righting International Trade: Some Critical Thoughts on the Contemporary Trade and Human Rights Literature Andrew TF Lang
16. Binding the Hand that Feeds Them: The Agreement on Agriculture, Transnational Corporations and the Right to Adequate Food in Developing Countries Penelope Simons
17. Realising Rights in an Era of Economic Globalisation: Discourse Theory, Investor Rights, and Broad-Based Black Economic Empowerment David Schneiderman

Series: Studies in International Trade Law

Legitimacy of the World Trade Organisation ISBN 9781849463737
To be published August 2024
Hart Publishing
Free Trade and Cultural Diversity in International Law (eBook) ISBN 9781782251163
Published April 2013
Hart Publishing
Free Trade and Cultural Diversity in International Law ISBN 9781849464253
Published April 2013
Hart Publishing
Human Rights Impact of the World Trade Organisation ISBN 9781841136936
Published July 2007
Hart Publishing
The Power to Protect: Trade, Health and Uncertainty in the WTO ISBN 9781841134826
Published December 2004
Hart Publishing