International Economic Law, Globalization and Developing Countries


International Economic Law, Globalization and Developing Countries

9781781009253 Edward Elgar Publishing
Edited by Julio Faundez, Professor (Emeritus), School of Law and Celine Tan, Reader in Law and Associate Professor, University of Warwick, UK
Publication Date: June 2012 ISBN: 978 1 78100 925 3 Extent: 512 pp
International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries.

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International Economic Law, Globalization and Developing Countries explores the impact of globalization on the international legal system, with a special focus on the implications for developing countries.

The onset of the current process of globalization has brought about momentous changes to the rules and processes of international law. This comprehensive book examines a number of these changes, including the radical expansion of international economic law, the increase in the power of international economic organizations, and the new informal approaches to law-making. The greater reliance on judicial and arbitral mechanisms, and the proliferation of international human rights instruments, many of which have a direct bearing on international economic relations, are also discussed. The contributors to this book are all prominent experts in the fields of international law and international political economy, drawn from both developing and developed countries.

This insightful book will appeal to scholars and advanced students with an interest in international law, development studies, international political economy and international governance. It will also be an indispensable tool for practitioners – including members of leading international NGOs, international lawyers, political scientists and international development specialists.
Critical Acclaim
‘The volume has much to offer the student of globalisation, whether lawyer, economist or policy-maker, for in the aggregate the essays make a significant contribution to the literature on the subject.’
– David A. Gantz, International Trade Law and Regulation

‘This book is an excellent choice for academic libraries collecting in international law. International development and globalization are hot topics that will become ever more popular as the world’s economies become increasingly intertwined. A broad variety of topics are touched upon, since economic growth relates to many aspects of development, making the book appealing to many researchers of international law.’
– AALL Spectrum

‘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.’
– Michael Trebilcock, University of Toronto, Canada

‘In the galaxy of issues that developing countries are faced with in their international economic relations, this publication manages to focus on some critical areas of particular concern to developing countries. Moreover, the issues focussed on have a contemporary relevance touching as they do on financial reform, aid and IMF conditionality, international trade and investment, multinational corporations, competition, corruption, the environment and intellectual property issues. This is a comprehensive appraisal of development related problems in international economic relations written by practitioners and academics in the field.’
– Asif Qureshi, University of Manchester, UK
Contributors: Y. Akyüz, D. Bradlow, E.R. Carrasco, P. Cullet, K.E. Davis, J. Faundez, M.E. Footer, J. Harrison, F. Macmillan, K. McMahon, P. Muchlinski, T. Novitz, P. Roffe, D. Salter, C. Tan, V.P.B. Yu III

1. Introduction
Julio Faundez and Celine Tan

2. International Economic Law and Development: Before and After Neo-Liberalism
Julio Faundez

3. Multilateral Disciplines and the Question of Policy Space
Yilmaz Akyüz

4. Assessing International Financial Reform
Daniel Bradlow

5. Crisis and Opportunity: Emerging Economies and the Financial Stability Board
Enrique R. Carrasco

6. The New Disciplinary Framework: Conditionality, New Aid Architecture and Global Economic Governance
Celine Tan

7. Taxing Constraints on Developing Countries and the Global Economic Recession
David Salter

8. The World Trade Organization and the Turbulent Legacy of International Economic Law-making in the Long Twentieth Century
Fiona Macmillan

9. Holistic Approaches to Development and International Investment Law: The Role of International Investment Agreements
Peter Muchlinski

10. Human Rights and Transnational Corporations: Establishing Meaningful International Obligations
James Harrison

11. Core Labour Standards Conditionalities: A Means by Which to Achieve Sustainable Development?
Tonia Novitz

12. Developing Countries and International Competition Law and Policy
Kathryn McMahon

13. Does the Globalization of Anti-Corruption Law Help Developing Countries?
Kevin E. Davis

14. Intellectual Property, Development Concerns and Developing Countries
Pedro Roffe

15. Biotechnology and the International Regulation of Food and Fuel Security in Developing Countries
Mary E. Footer

16. Environment and Development – The Missing Link
Philippe Cullet

17. The UN Climate Change Convention and Developing Countries: Towards Effective Implementation
Vicente Paolo B. Yu III


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