World Trade and Investment Law Reimagined

Description

Ideas for a new and progressive trade and investment regime

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 United States 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 benefi ts 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.

Acknowledgments; List of Contributors; Part I: Introduction and Overview, David Trubek, Chantal Thomas and Alvaro Santos; Part II: Rethinking the Political Economy of Trade: Comments on Dani Rodrik’s ‘Straight Talk on Trade’, Chantal Thomas, Kevin P. Gallagher, Gregory Shaffer, Alvaro Santos and Dani Rodrik; Part III: Setting the Stage for a Progressive Vision: Emerging Issues in World Trade and Investment Law; Section I: Mapping the New Context for Trade and Investment Law; The End of Trade and Investment Law As We Know It: From Singularity to Pluralism, Poul F. Kjaer; Heterodox Market Orders in the Global Trade System, Andrew Lang; Embedded Neoliberalism and Its Discontent: The Uncertain Future of Trade and Investment Law, Sonia E. Rolland and David Trubek; Rethinking the Rcep in the Third Regionalism: Paradigm Shifts in World Trade Law?, Pasha L. Hsieh; Beyond Normal Trade Law, Robert Wai; Section II: Dealing with Major Changes in the World Economy; Trade, Distribution and Development under Supply Chain Capitalism, Dan Danielsen; The Global Rise and Regulation of Platform Firms and Markets, Jason Jackson; How Should We Think About a Global Market in Legal Cannabis?, Antonia Eliason and Rob Howse; Section III: Framing a More Equitable Investment Law Regime; Bilateral Investment Treaties: Has South Africa Chartered a New Course?, Dennis. M. Davis; Rethinking the Right to Regulate in Investment Agreements: Reflections from the South African and Brazilian Experiences, Fabio Morosini; Making Local Communities Visible: A Way to Prevent the Potentially Tragic Consequences of Foreign Investment?, Nicolás M. Perrone; Section IV: Supporting Development; Bargaining over Policy Space in Trade Negotiations, Gregory Shaffer; Trumping the IMF: Trade and Investment Treaties and the Regulation of Cross-Border Financial Flows, Kevin P. Gallagher; Section V: Reinforcing Social Protection: Spreading the Benefits of Trade, Dealing with Losses and Exploring the Trade-Immigrant Nexus; Trade Agreements in the 21st Century: Rethinking the Trade–Labor Linkage, Kerry Rittich; The New Frontier in Labor and Trade, Alvaro Santos; Restoring Trade’s Social Contract in the United States, Frank J. Garcia; Re-embedding Liberalism: Introducing ‘Passporting Fees’ for Free Trade, Thomas Streinz; Irregular Migration and International Economic Asymmetry, Chantal Thomas; Index.

Sujets

• POLITICAL SCIENCE
• Droit et juridique
• Development studies
• Globalization
• Social sciences

Informations

• Publié par: Anthem Press
• Date de parution: 28 juin 2019
• Nombre de lectures: 6
• EAN13: 9781783089741
• Langue: English

Extrait

World Trade and Investment Law Reimagined
The Anthem IGLP Rethinking Global Law and Policy Series
In today’s world, poverty, conflict, injustice and inequality are also legal and institutional regimes. The Anthem IGLP Rethinking Global Law and Policy Series explores the ways in which they are reproduced and what might be done in response. The series seeks contributions mapping the levers of global political, economic and legal authority, and which bring new and critical perspectives to international legal research and policy. We aim to encourage innovative approaches to global policy in the face of a legal and institutional architecture manifestly ill-equipped to address our most urgent global challenges. The series is particularly interested in contributions that highlight voices from and issues of concern to the Global South. Proposals that cross disciplinary lines and draw upon heterodox intellectual and political traditions are encouraged.
This series is undertaken by Anthem in collaboration with Harvard’s Institute for Global Law and Policy.
Series Editor
David Kennedy—Harvard Law School, USA
Editorial Board
The editorial board is comprised of members of the Academic/Advisory Councils of IGLP.
World Trade and Investment Law Reimagined
A Progressive Agenda for an Inclusive Globalization
Edited by Alvaro Santos, Chantal Thomas and David Trubek
Anthem Press
An imprint of Wimbledon Publishing Company
www.anthempress.com
This edition first published in UK and USA 2019
by ANTHEM PRESS
75–76 Blackfriars Road, London SE1 8HA, UK
or PO Box 9779, London SW19 7ZG, UK
and
244 Madison Ave #116, New York, NY 10016, USA
© 2019 Alvaro Santos, Chantal Thomas and David Trubek editorial matter and selection; individual chapters © individual contributors
The moral right of the authors has been asserted.
All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the above publisher of this book.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Names: Santos, Alvaro, 1975– editor. | Thomas, Chantal, 1971– editor. | Trubek, David M., 1935– editor. | Harvard Law School. Institute for Global Law and Policy, sponsoring body.
Title: World trade and investment law reimagined : a progressive agenda for an inclusive globalization / edited by Alvaro Santos, Chantal Thomas, David Trubek.
Description: London, UK; New York, NY, USA: Anthem Press, 2019. |
Series: Anthem IGLP rethinking global law and policy series | “This volume was produced by the project on Rethinking Trade and Investment Law (ReTAIL) sponsored by Harvard Law School’s Institute for Global Law and Policy (IGLP) and Georgetown Law’s Center for the Advancement of the Rule of Law in the Americas (CAROLA) with additional assistance from Cornell Law School ... The essays were initially presented at a workshop at IGLP in April 2018 ... October 2018 IGLP held an “Incubator” at which a draft of the introductory overview essay was discussed.” – ECIP acknowledgments. | Includes bibliographical references and index.
Identifiers: LCCN 2019021035 | ISBN 9781783089727 (hardback)
Subjects: LCSH: Law and economic development – Congresses. | Foreign trade regulation – Congresses. | Investments, Foreign (International law) – Congresses. |
BISAC: LAW / Commercial / International Trade. | POLITICAL SCIENCE / Globalization. | SOCIAL SCIENCE / Developing Countries.
Classification: LCC K3820.A6 W67 2019 | DDC 343.08/7–dc23
LC record available at https://lccn.loc.gov/2019021035
ISBN-13: 978-1-78308-972-7 (Hbk)
ISBN-10: 1-78308-972-5 (Hbk)
This title is also available as an e-book.
Contents
Acknowledgments
List of Contributors
Introduction World Trade and Investment Law in a Time of Crisis: Distribution, Development and Social Protection
David Trubek , Alvaro Santos and 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
Chantal Thomas
Chapter Two Thoughts on Straight Talk on Trade
Kevin P. Gallagher
Chapter Three Reading Rodrik: A Call for a New Law and Economics for International Law
Gregory Shaffer
Chapter Four Reflecting on Straight Talk on Trade
Alvaro Santos
Chapter Five A Response to the Comments by Thomas, Gallagher, Shaffer and Santos
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
Poul F. Kjaer
Chapter Seven Heterodox Market Orders in the Global Trade System
Andrew Lang
Chapter Eight Embedded Neoliberalism and Its Discontents: The Uncertain Future of Trade and Investment Law
Sonia E. Rolland and David Trubek
Chapter Nine Rethinking the RCEP in the Third Regionalism: Paradigm Shifts in World Trade Law?
Pasha L. Hsieh
Chapter Ten Beyond Normal Trade Law?
Robert Wai
Section 2 Dealing with Major Changes in the World Economy
Chapter Eleven Trade, Distribution and Development under Supply Chain Capitalism
Dan Danielsen
Chapter Twelve The Global Rise and Regulation of Platform Firms and Markets
Jason Jackson
Chapter Thirteen How Should We Think about a Global Market in Legal Cannabis?
Antonia Eliason and Rob Howse
Section 3 Framing a More Equitable Investment Law Regime
Chapter Fourteen Bilateral Investment Treaties: Has South Africa Chartered a New Course?
D. M. Davis
Chapter Fifteen Rethinking the Right to Regulate in Investment Agreements: Reflections from the South African and Brazilian Experiences
Fabio Morosini
Chapter Sixteen Making Local Communities Visible: A Way to Prevent the Potentially Tragic Consequences of Foreign Investment?
Nicolás M. Perrone
Section 4 Supporting Development
Chapter Seventeen Bargaining Over Policy Space in Trade Negotiations
Gregory Shaffer
Chapter Eighteen Trumping the IMF: Trade and Investment Treaties and the Regulation of Cross-Border Financial Flows
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
Kerry Rittich
Chapter Twenty The New Frontier for Labor in Trade Agreements
Alvaro Santos
Chapter Twenty-One Re-embedding Liberalism: Introducing Passporting Fees for Free Trade
Thomas Streinz
Chapter Twenty-Two Restoring Trade’s Social Contract in the United States
Frank J. Garcia
Chapter Twenty-Three Migration and International Economic Asymmetry
Chantal Thomas
Index
ACKNOWLEDGMENTS
This volume was produced by the project on Rethinking Trade and Investment Law (ReTAIL) sponsored by Harvard Law School’s Institute for Global Law and Policy (IGLP) and Georgetown Law’s Center for the Advancement of the Rule of Law in the Americas (CAROLA) with additional assistance from Cornell Law School. IGLP’s director, David Kennedy, enthusiastically supported ReTAIL and helped at all stages. The editors are grateful for financial and staff support from both IGLP, CAROLA and Cornell, and we acknowledge outstanding editorial assistance by Kelly Messier. The essays were initially presented at a workshop at IGLP in April 2018. We thank the contributions of Lucie White, Daniela Caruso and other discussants in that workshop. In October 2018, IGLP held an “Incubator” at which a draft of the introductory overview essay was discussed. We are grateful for comments and suggestions at that event from Joel Trachtman, Mark Wu, David Kennedy, Love Ronnelid and others.
—Alvaro Santos , Chantal Thomas and David Trubek
CONTRIBUTORS

Dan Danielsen is a professor of law and the faculty director of the Program on the Corporation, Law and Global Society at Northeastern University School of Law. His research explores the complex role of the business firm in global governance and economic development, most recently through the study of global supply chains. Prior to joining the Northeastern faculty, Danielsen was executive vice president and general counsel of Europe Online Networks S.A., a pioneer in the provision of broadband internet and interactive multimedia services to consumers across Europe. He was also a partner at Foley Hoag LLP, where his practice focused on the representation of US and European public and privately held businesses with respect to corporate finance, mergers and acquisitions, strategic partnerships and joint ventures, content and technology licensing, and corporate strategy.
Dennis M. Davis is a judge and president of the Competition Appeal Court of South Africa and a professor of law at the University of Cape Town and has taught as a visiting professor at Melbourne, Georgetown, New York and Harvard u