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The Law and Practice of Human Rights

Edited by: David Blundell KC, Miranda Butler, Alistair Mills
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World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization

Edited by: Alvaro Santos, Chantal Thomas, David Trubek

ISBN13: 9781783089727
Published: June 2019
Publisher: Anthem Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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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 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.

Contents:
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?, Nicolas 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