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Redefining Sovereignty in International Economic Law: Studies in International Trade and Investment Law

Editat de Wenhua Shan, Penelope Simons, Dalvinder Singh
en Limba Engleză Hardback – 20 apr 2008
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. 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. Part four focuses on the domestic and international effects of international financial intermediaries and markets. Part five explores the tensions and intersections between the international regulation of trade and investment, international human rights and state sovereignty
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Specificații

ISBN-13: 9781841137018
ISBN-10: 1841137014
Pagini: 516
Dimensiuni: 156 x 234 x 40 mm
Greutate: 0.95 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Trade and Investment Law

Locul publicării:London, United Kingdom

Caracteristici

Leading scholars from the developed and developing worlds, debate the meaning of sovereignty and the impact of international economic law on state sovereignty.

Notă biografică

Wenhua Shan is a Professor of International Economic Law at Oxford Brookes University, a University Professor of Law and the Dean of the Xi'an Jiaotong University Law School, and a visiting University Chair Professor of Law at Xiamen University, PR China.Penelope Simons is an Associate Professor of Law at the University of Ottawa, Canada Dalvinder Singh is an Associate Professor of Law at the University of Warwick, UK.

Cuprins

Part One: Sovereignty and International Economic Law1. Sovereignty: Outdated Concept or New Approaches John H Jackson2. State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law? Ernst-Ulrich Petersmann3. Sovereignty, Lost and Found Robert Howse4. Sovereignty and International Economic Law Vaughan LowePart Two: Trade Liberalisation and WTO Reform5. Trade as the Guarantor of Peace, Liberty and Security? An Chen6. Sovereignty and Reform of the World Trade Organisation Philip M Nichols7. Sovereignty Issues in the WTO Dispute Settlement-A 'Development Sovereignty' Perspective Asif Qureshi8. The Rule of Law and Proportionality in WTO Law Mads Andenas and Stefan ZleptnigPart Three: Investment Treaties and Investment Arbitration9. The Neo-Liberal Agenda in Investment Arbitration: Its Rise, Retreat and Impact on State Sovereignty M Sornarajah10. International Investment Arbitration: A Threat to State Sovereignty? Joachim Karl11. Calvo Doctrine, State Sovereignty and The Changing Landscape of International Investment Law Wenhua ShanPart Four: Banking Regulation and International Financial Institutions12. Banking, Economic Development and the Law Charles Chatterjee and Anna Lefcovitch13. The Role of the IMF and World Bank in Financial Sector Reform and Compliance Dalvinder Singh14. International Financial Law and the New Sovereignty: Legal Arbitrage as an Emerging Dimension of Global Governance Jorge GuiraPart Five: Human Rights and International Economic Law15. Re-Righting International Trade: Some Critical Thoughts on the Contemporary Trade and Human Rights Literature Andrew TF Lang16. Binding the Hand that Feeds Them: The Agreement on Agriculture, Transnational Corporations and the Right to Adequate Food in Developing Countries Penelope Simons17. Realising Rights in an Era of Economic Globalisation: Discourse Theory, Investor Rights, and Broad-Based Black Economic Empowerment David Schneiderman

Recenzii

Part One is excellent reading for anyone interested in the contemporary debates about sovereignty in public international law. A full range of theories is offered, from far-reaching proposals arguing for a "constitutional" approach to international law, to a reaffirmation of sovereign rights and finally to a thought-provoking dismissal of the whole debate. All four papers offer original insights.The collection will make for fine reading for international law scholars.
The book is an excellent piece of work. It clearly constitutes a valuable contribution to the analysis of the various conceptual aspects of sovereignty placed in the context of a globalised trade systema "must-have" book
Redefining Sovereignty in International Economic Law is an invaluable introduction to the current debate that surrounds the conceptualisation of sovereignty, and is a helpful guide into finding relevant sources on the subject.

Descriere

The contributions in this volume debate the meaning of sovereignty and the impact of international economic law on state sovereignty.