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The Interpretation of International Investment Law
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law. This stimulating contribution to the discourse on interpretation of international investment law ...
Globalizing India
This book explores India's rise on the global economic stage from the perspective of both international and domestic interests and activities. Sinha argues that the impact of globalization on India since 1990 needs to be understood not just in terms of national policy, but also in terms of changing trade capacities and private sector reform.
"L’être situé", Effectiveness and Purposes of International Law
The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers ...
The Functions of International Adjudication and International Environmental Litigation
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
The World Trade System
The world trade system : trends and challenges / Jagdish Bhagwati, Pravin Krishna and Arvind Panagariya -- Issues in trade policy -- Border tax equalization / Steve Charnovitz -- Trade, poverty and inequality / Devashish Mitra -- Dispute settlement : the influence of preferential trade agreements on litigation between trading partners / Petros Mavroidis and Andre Sapir -- Anti-dumping provisions within preferential trade agreements / Tom Prusa -- The wto trade facilitation agreement : milestone, mirage, or mistake? / Bernard Hoekman -- Agriculture : food security and trade liberalization / Stefan Tangermann -- Regional perspectives -- Trans Pacific Partnership : perspectives from China / Mary Lovely and Dimitar Gueorguiev -- Trans Atlantic Free trade : the view from Germany / Gabriel Felbermayr -- Administered protection in the eu : implications for TTIP / Jonas Kasteng
The Limits of International Law
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. Internat...
Self-Enforcing Trade
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading inte...
Nine Lives of Neoliberalism
Neoliberalism is dead. Again. After the election of Trump and the victory of Brexit in 2016, many diagnosed the demise of the ideology of Margaret Thatcher, Ronald Reagan, Augusto Pinochet, and the WTO. Yet the philosophy of the free market and the strong state has an uncanny capacity to survive and even thrive in crisis. Understanding neoliberalism's longevity and its latest permutation requires a more detailed understanding of its origins and its varieties. This volume breaks with the caricature of neoliberalism as a simple belief in market fundamentalism and homo economicus to show how neoliberal thinkers perceived institutions from the family to the university, disagreed over issues from intellectual property rights and human behavior to social complexity and monetary order, and sought to win consent for their project through the creation of new honors, disciples, and networks. Far from a monolith, neoliberal thought is fractured and, occasionally, even at war with itself. We can begin by making sense of neoliberalism's nine lives by sorting out its own tangled histories.
