Redefining Sovereignty in International Economic Law

by Shan, Wenhua; Simons, Penelope; Singh, Dalvinder

• ISBN13: 9781841137018
• ISBN10: 1841137014
• Format: Hardcover
• Copyright: 2008-04-14
• Publisher: Hart Publishing

Summary

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

Author Biography

Wenhua Shan is a Ministry of Education Changjiang Chair Professor of International Economic Law and Assistant President of Xi'an Jiaotong University, China, Senior Fellow, the Lauterpacht Centre for International Law at the University of Cambridge, UK, and Professor of Law, University of New South Wales, Australia. He also serves as the President of the Commission for the Selection and Disciplining of Judges and Prosecutors of Shaanxi Province, and Vice President of the China Society of International Economic Law.
Dalvinder Singh is an Associate Professor of Law at the University of Warwick, UK.
Penelope Simons is an Associate Professor of Law at the University of Ottawa, Canada.

Table of Contents

Acknowledgements	p. v
Contributors	p. ix
List of Tables, Figures and Boxes	p. xv
List of Abbreviations	p. xvii
Table of Cases	p. xxvii
Table of International and National Instrument	p. xxvii
Introduction	p. xxliii
Sovereignty and International Economic Law
Sovereignty: Outdated Concept or New Approaches	p. 3
State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?	p. 27
Sovereignty, Lost and Found	p. 61
Sovereignty and International Economic Law	p. 77
Trade Liberalisation and WTO Reform
Trade as the Guarantor of peace, Liberty and Security	p. 87
Sovereignity and Reform of the World Trade Organisation	p. 147
Sovereignty Issues in the WTO Dispute Settlement-A æDevelopment SovereigntyÆ Perspective	p. 159
The Rule of Law and Proportionality in WTO Law	p. 171
Investment Treaties and Investment Arbitration
The Neo-Liberal Agenda in Investment Arbitration: Its Rise, Retreat and Impact on State Sovereignty	p. 199
International Investment Arbitration: A Threat to state Sovereignty?	p. 225
Calvo Doctrine, State Sovereignty and the Changing Landscape of International Investment Law	p. 247
Banking Regulation and International Financial Institutions
Banking, Economic Development and the Law	p. 315
The Role of the IMF and World Bank in Financial Sector Reform and Compliance	p. 331
International Financial Law and the New Sovereignty: Legal Arbitrage as an Emerging Dimension of Global Governance	p. 363
Human Rights and International Economic Law
Re-Righting International Trade: Some Critical Thoughts on the Contemporary Trade and Human Rights Literature	p. 387
Binding the Hand that Feeds Them: The Agreement on Agriculture, Translational Corporation and the Right to Adequate Food in Developing Countries	p. 399
Realising Rights in an Era of Economic Globalisation: Discourse Theory, Investor Rights, and Broad-Based Black Economic Empowerment	p. 429
Index	p. 445
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