Megaregulation Contested Global Economic Ordering after TPP

by Kingsbury, Benedict; Malone, David M.; Mertenskotter, Paul; Stewart, Richard B.; Streinz, Thomas; Sunami, Atsushi

• ISBN13: 9780191864001
• ISBN10: 0191864005
• Format: eBook
• Copyright: 2019-07-18
• Publisher: Oxford University Press
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Author Biography

Benedict Kingsbury, Murry and Ida Becker Professor of Law and director of the Institute for International Law and Justice, NYU Law,David M. Malone, Rector of the United Nations University and Under-Secretary-General of the United Nations, United Nations University, Tokyo,Paul Mertenskotter, Fellow, NYU Law,Richard B. Stewart, John Edward Sexton Professor of Law, NYU Law,Thomas Streinz, Fellow, NYU Law,Atsushi Sunami, Vice President and Professor, National Graduate Institute for Policy Studies, Tokyo

Benedict Kingsbury is Vice Dean and Murry and Ida Becker Professor of Law at New York University School of Law. He also serves as Director of the Institute for International Law and Justice and Faculty Director of the Guarini Institute for Global Legal Studies. His major current projects focus on large scale global ordering such as TPP and the Belt & Road Initiative; physical, digital, and informational infrastructure; and global data/tech law. He is one of the editors (with Andrew Hurrell of Oxford University, and Richard B. Stewart) of the Law and Global Governance series. His research projects on global governance issues have been supported by the National Science Foundation, Carnegie Corporation of New York, the Bill & Melinda Gates Foundation, and the Rockefeller Foundation.


David M. Malone is UN Under-Secretary General and Rector of the United Nations University. Malone previously served as President of Canada's International Development Research Centre; Canada's Representative to the UN Economic and Social Council and as Ambassador and Deputy Permanent Representative of Canada to the United Nations; as Director General of the Policy, International Organizations and Global Issues Bureaus within Canada's Department of Foreign Affairs and International Trade; as President of the International Peace Academy (now International Peace Institute); as DFAIT Assistant Deputy Minister for Global Issues; and as Canada's High Commissioner to India, and non-resident Ambassador to Bhutan and Nepal (2006-2008).


Paul Mertenskotter is a Fellow at the Institute for International Law and Justice at NYU Law and a PhD candidate at Humboldt University of Berlin. He was a law clerk at the International Court of Justice and holds a JD from NYU Law and a BA from the University of York.


Richard B. Stewart is University Professor and John Edward Sexton Professor of Law at New York University School of Law. Prior to joining the NYU School of Law faculty, he served as a Byrne Professor of Administrative Law at Harvard Law School and a member of the faculty of the Kennedy School of Government at Harvard; Assistant Attorney General in charge of the Environment and Natural Resource Division of the U.S. Department of Justice; and Chairman of the Environmental Defense Fund.



Thomas Streinz is Adjunct Professor of Law at NYU Law and a Fellow at the Institute for International Law and Justice. Prior to moving to New York, he studied law at the University of Bayreuth and Ludwig Maximilians University of Munich. He holds the EUI's Diploma in European law and an LLM from NYU Law.



Atsushi Sunami is currently Professor and Vice President at the National Graduate Institute for Policy Studies, Japan. He also serves as Special Advisor to Cabinet Office responsible for Science and Technology and Innovation. He is also a member of the Advisory Board for the Promotion of Science and Technology Diplomacy in Ministry of Foreign Affairs of Japan, the Council for Science and Technology in Ministry of Education, Culture, Sports, Science and Technology and the Expert Panel on Basic Policy in Council for Science, Technology and Innovation of Cabinet office.

Table of Contents

1. Introduction: The Essence, Significance, and Problems of the Trans-Pacific Partnership, Benedict Kingsbury, David Malone, Paul Mertenskotter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami
2. The Trans-Pacific Partnership as Megaregulation, Benedict Kingsbury, Paul Mertenskotter, Richard B. Stewart, and Thomas Streinz
3. The Uncertain Geostrategic Outlook for the US in Asia: The Pivot, the Rebalance, TPP, and Now What?, David Malone
4. China and TPP: A Tale of Two Economic Orderings?, Jing Tao
Part I Contesting Megaregulation: Distribution, Inequality, and Development
5. The Politics of Expertise in Transnational Economic Governance: Breaking the Cycle, Annelise Riles
6. Class, Power, and Inequality in Megaregulation: The TPP Model, B.S. Chimni
7. The Lessons of TPP and the Future of Labor Chapters in Trade Agreements, Alvaro Santos
8. TPP and Environmental Regulation, Errol Meidigner
9. Customs Administration and Trade Facilitation: The Missing Development Agenda, Antonia Eliason
Part II Transnational Business: Global Value Chains and the Digital Economy
10. In a World of Value Chains: What Space for Regulatory Coherence and Cooperation in Trade Agreements?, Bernard Hoekman and Charles Sabel
11. Globally Intertwined Markets: Business Structures and International Economic Regulation, Donald Robertson
12. TPP's Business Asymmetries: Megaregulation and the Conditions of Competition between MNCs and SMEs, Dan Ciuriak
13. Sales, Sourcing, or Regulation? Evidence from TPP on What Drives US Corporate Support for Trade, Iain Osgood
14. 1. Digital Megaregulation Uncontested? TPP's Model for the Global Data Economy, Thomas Streinz
Part III Megaregulation, the Regulatory State, and the Market
15. Harmonization: Top Down, Bottom Up-and Now Sideways? The Impact of the IP Provisions of Megaregional Agreements on Third Party States, Rochelle Dreyfuss
16. Thailand and Public Health: Looking Beyond the Intellectual Property Chapter in TPP, Kiyoshi Adachi
17. Megaregulatory Administrative Law: An Instrument of Political Control, Richard B. Stewart and Paul Mertenskotter
18. Choices and Consequences: Internationalizing Competition Policy After TPP, Daniel Francis
19. Challenges of Opening by Megaregulation: Indonesia and Government Procurement Disciplines, Joseph Wira Koesnaidi and Wahyuni Bahar
20. Leveraging National Regulatory Reform in Japan and the Economic Modeling of Trade Agreements, Atsushi Sunami, Kenichi Kawasaki, Yoko Ikeda, and Michael C. Huang
21. Regulating Regulation: Impact Assessments and Trade, Michael Livermore and Jason Schwartz
22. Trade and Exchange Rates: The Joint Declaration of the Macroeconomic Policy Authorities of TPP Countries, Naoyuki Yoshino, Pornipum Chantapacdepong, and Matthias Helble
Part IV Megaregulatory Treaty Institutions
23. The Institutional Governance of Global Trade and Regulation: Back to the Future?, Robert Howse
24. State-to-State Dispute Settlement in Megaregionals, Donald McRae
25. Finding a Workable Balance between Investor Protection and the Public Interest in TPP, Chin Leng Lim
Part V National Politics of Megaregulatory Agreements
26. Japan: Interest Group Politics, Foreign Policy Linkages, and TPP, Christina Davis
27. Structuring Participation: Public Comments and the Dynamics of US Trade Negotiations, Robert Gulotty
28. Mexican Politics of Global Trade and Law in Times of Trump: After TPP is Before TPP, Alejandro Rodiles
29. Regional and Preferential Agreements: The Pacific and Atlantic Styles in Latin America, Rodrigo Polanco Lazo
30. Brazil in the Shadow of TPP: Beyond the Grand Debate, Pragmatic Responses, David M. Trubek, Fabio Morosini, and Michelle Sanchez Badin
31. India and TPP: The Emerging Scenario, Harsha Vardhana Singh