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International Economic Law, Globalization and Developing Countries
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.
Comprehensive Legal and Judicial Development
Africa (OHADA), Seydou Ba.
Democratization, Development, and Legality
This book traces the evolution of Chilean political and legal institutions by looking at the process of democratization. As well as explaining the strengths and weaknesses of the political regime, Faundez shows the impact of legal institutions and legal ideology on the country's political development.
Democratization, Development, and Legality
This book traces the evolution of Chilean political and legal institutions by looking at the process of democratization. As well as explaining the strengths and weaknesses of the political regime, Faundez shows the impact of legal institutions and legal ideology on the country's political development.
Black Iconography and Colonial (re)production at the ICC
This book explores the reproduction of colonialism at the International Criminal Court (ICC) and examines international criminal law (ICL) vs the black body through an immersive format of art, music, poetry, and architecture and post-colonial/critical race theory lens. Taking a multi-disciplinary approach, the book interrogates the operationalisation of the Rome Statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial, and warns that it has ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and co...
Financing for Sustainable Development in International Investment Law
This book highlights the intersection between international investment law and sustainable development, particularly in the context of the right to regulate for public interest related to sustainable development. Addressing key challenges hindering the harmony between investment law and sustainable development, the book unveils a new methodology to assess whether a government measure or foreign investment contributes to sustainable development. The primary question driving this text is: how should investment treaty arbitration tribunals evaluate the sustainable development impact of both government measures and foreign investments affected by those measures? Beginning by establishing a conceptual framework around the right to regulate for public interest, the book also identifies limitations in the typical approach taken in investment treaty arbitration. Additionally, broader systemic constraints within international investment law concerning sustainable development are discussed. This book will be of interest to students and scholars in the field of international investment law, economic law, and sustainable development.
China's Long March Toward Rule of Law
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
Asymmetric Power Relations and International Trade Law
The book offers an analysis of the contradictions between theory and practice in the trading system. It contextualises the colonial legal structure and its impact on the peripheral countries and their participation and gain in the multilateral trading system. The book’s core argument effectively situates Economic Partnership Agreements in the ‘systemic’ asymmetry, which characterises the relationship between developed and developing countries in global trade. It applies the idea of asymmetry to the relationship between the core countries—the EU/USA and the peripheral countries (ACP)—in the GATT, multilaterally and in the EU-ACP trade relationship, bilaterally. The book identifies t...
Peace and Justice
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework ...
