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World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization [Kietas viršelis]

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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 US 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 benefits 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’ that includes new ways to link trade with protection for labour; measures to ensure that gains from trade are used to offset losses; new rules that can protect foreign investments without hamstringing developing governments or harming local communities; innovative procedures to allow developing countries the freedom to try innovative growth strategies; and methods to cope with new products.



In a time of turmoil in international economic law, experts from 10 countries suggest ideas for a new and progressive trade and investment regime in ‘World Trade and Investment Law Reimagined’ that would help sustain growth, facilitate development and ensure that gains are shared and losses compensated.

Daugiau informacijos

Ideas for a new and progressive trade and investment regime
Acknowledgments ix
List of Contributors
xi
Introduction World Trade and Investment Law in a Time of Crisis: Distribution, Development and Social Protection 1(30)
David Trubek
Alvaro Santos
Chantal Thomas
Part I Rethinking the Political Economy of Trade: Comments on Dani Rodrik's Straight Talk on Trade
Chapter One Comments on Straight Talk on Trade
31(6)
Chantal Thomas
Chapter Two Thoughts on Straight Talk on Trade
37(4)
Kevin P. Gallagher
Chapter Three Reading Rodrik: A Call for a New Law and Economics for International Law
41(6)
Gregory Shaffer
Chapter Four Reflecting on Straight Talk on Trade
47(12)
Alvaro Santos
Chapter Five A Response to the Comments by Thomas, Gallagher, Shaffer and Santos
59(8)
Dani Rodrik
Part II Setting the Stage for a Progressive Vision: Emerging Issues in World Trade and Investment Law
Section 1 Mapping the New Context for Trade and Investment Law
Chapter Six The End of Trade and Investment Law as We Know It: From Singularity to Pluralism
67(6)
Paul F. Kjaer
Chapter Seven Heterodox Market Orders in the Global Trade System
73(14)
Andrew Lang
Chapter Eight Embedded Neoliberalism and Its Discontents: The Uncertain Future of Trade and Investment Law
87(10)
Sonia E. Rolland
David Trubek
Chapter Nine Rethinking the RCEP in the Third Regionalism: Paradigm Shifts in World Trade Law?
97(10)
Pasha L. Hsieh
Chapter Ten Beyond Normal Trade Law?
107(14)
Robert Wai
Section 2 Dealing with Major Changes in the World Economy
Chapter Eleven Trade, Distribution and Development under Supply Chain Capitalism
121(10)
Dan Danielsen
Chapter Twelve The Global Rise and Regulation of Platform Firms and Markets
131(10)
Jason Jackson
Chapter Thirteen How Should We Think about a Global Market in Legal Cannabis?
141(14)
Antonia Eliason
Rob Howse
Section 3 Framing a More Equitable Investment Law Regime
Chapter Fourteen Bilateral Investment Treaties: Has South Africa Chartered a New Course?
155(8)
D. M. Davis
Chapter Fifteen Rethinking the Right to Regulate in Investment Agreements: Reflections from the South African and Brazilian Experiences
163(8)
Fabio Morosini
Chapter Sixteen Making Local Communities Visible: A Way to Prevent the Potentially Tragic Consequences of Foreign Investment?
171(12)
Nicolas M. Perrone
Section 4 Supporting Development
Chapter Seventeen Bargaining Over Policy Space in Trade Negotiations
183(10)
Gregory Shaffer
Chapter Eighteen Trumping the IMF: Trade and Investment Treaties and the Regulation of Cross-Border Financial Flows
193(10)
Kevin P. Gallagher
Section 5 Reinforcing Social Protection: Spreading the Benefits of Trade, Dealing with Losses and Exploring the Trade-Immigration Nexus
Chapter Nineteen Trade Agreements in the Twenty-First Century: Rethinking the Trade-Labor Linkage
203(12)
Kerry Rittich
Chapter Twenty The New Frontier for Labor in Trade Agreements
215(10)
Alvaro Santos
Chapter Twenty-One Re-embedding Liberalism: Introducing Passporting Fees for Free Trade
225(8)
Thomas Streinz
Chapter Twenty-Two Restoring Trade's Social Contract in the United States
233(8)
Frank J. Garcia
Chapter Twenty-Three Migration and International Economic Asymmetry
241(16)
Chantal Thomas
Index 257
Alvaro Santos is Professor of Law and Faculty Director of the Center for the Advancement of the Rule of Law in the Americas at Georgetown University Law Center, USA.





Chantal Thomas is the Radice Family Professor of Law at Cornell Law School, USA, and Director of its Clarke Initiative for Law and Development in the Middle East and North Africa.





David Trubek is the Voss-Bascom Professor of Law and Dean of International Studies Emeritus at the University of Wisconsin-Madison, USA, and Senior Research Fellow at Harvard Law School, USA.