In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, crimin
This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's
"Based on virtuoso research interlaced with a lucid and compelling analysis, Stranger Intimacy challenges the assumptions at the heart of most social history. Refusing to separate political economy,
Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the
Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first t
Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functionin
Attempts at developing a theory of international investment law are complicated by the fact that this field of international law is based on numerous, largely bilateral treaties and is implemented by arbitral panels established on a case-by-case basis. This suggests a fragmented and chaotic state of the law, with different levels of protection depending on the sources and targets of foreign investment flows. This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty-shopping and the impact of investor-State arbitration with its intensive reliance on precedent and other genuinely multilateral approaches to treaty interpretation, it offers a conceptual framework for understanding the nature and functionin
Up until the global credit crisis in 2008, 'Financial Services' was the fastest growing sector of the Australian economy. This growth has had profound implications for individuals, corporations and government. Following extensive review in the last part of the twentieth century, Australia put in place an overarching system for regulating all financial services, replacing a system that was based on separate regulation of products in individual industries. Focusing on the implications of the new system for retail clients - 'financial citizens' - Financial Services Law and Compliance in Australia provides a comprehensive account of the regulatory structure and a detailed analysis of the legislative framework, including discussion of the new regulatory bodies, the new licensing requirements for those wishing to enter the financial services market and the new obligations for those marketing or offering financial services to the public. This is an essential resource for those working in, an
Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.
Today's trade regime and its rules are under pressure. Increasing societal discontent with globalization and the rise of protectionist measures threaten the trade regime's legitimacy and effectiveness. The authors explore systemic challenges to the trade regime, inter alia, related to development, migration, inequality, the digital economy and climate change. The Shifting Landscape of Global Trade Governance allows the readers, in times of change, to put current developments into context and offers an understanding of the different dynamics defining today's regulation of the global economy. Chapters authored by leading researchers from different disciplines - law, political science and economics - address the challenges of the global economic system and share novel outlooks, both theory- and data-based, for the future.
Today's trade regime and its rules are under pressure. Increasing societal discontent with globalization and the rise of protectionist measures threaten the trade regime's legitimacy and effectiveness. The authors explore systemic challenges to the trade regime, inter alia, related to development, migration, inequality, the digital economy and climate change. The Shifting Landscape of Global Trade Governance allows the readers, in times of change, to put current developments into context and offers an understanding of the different dynamics defining today's regulation of the global economy. Chapters authored by leading researchers from different disciplines - law, political science and economics - address the challenges of the global economic system and share novel outlooks, both theory- and data-based, for the future.
The severe global financial crisis of 2008 could not be overcome without government interventions through industrial policy. This timely book analyses industrial policy from the perspectives of trade law and economics under the WTO system. The author expertly examines both general tools of protecting and supporting domestic producers and specific topics like special economic zones, localization, greening measures and creative economy. In addition to legal texts and jurisprudence, this book extensively utilizes other WTO materials to show what is actually discussed in WTO meetings and forums on relevant issues. Where applicable, the author advances practical recommendations for 'right' or 'optimal' industrial policy in certain contexts based on trade rules, case law and some countries' real experiences. The author concludes this work with some thoughts on concrete actions to be taken at the WTO and national levels and in academic circles in order to better tackle industrial policy issue
The severe global financial crisis of 2008 could not be overcome without government interventions through industrial policy. This timely book analyses industrial policy from the perspectives of trade law and economics under the WTO system. The author expertly examines both general tools of protecting and supporting domestic producers and specific topics like special economic zones, localization, greening measures and creative economy. In addition to legal texts and jurisprudence, this book extensively utilizes other WTO materials to show what is actually discussed in WTO meetings and forums on relevant issues. Where applicable, the author advances practical recommendations for 'right' or 'optimal' industrial policy in certain contexts based on trade rules, case law and some countries' real experiences. The author concludes this work with some thoughts on concrete actions to be taken at the WTO and national levels and in academic circles in order to better tackle industrial policy issue
Convening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.
Convening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.
Set against the origins and consequences of the global financial crisis, this timely book offers an enriching and revealing narrative of the role that the state plays in regulating markets. Focusing on core areas of private law such as corporate, labour and banking law, the contributors offer a conceptual framework in which to examine the central tenets of the role of private law in today's global economy. In the current climate of ever increasing economic inequality and austerity measures, the authors highlight the urgent need for a comprehensive analysis of the continuing tension between ideas of market liberalism and theories of society. With a focus on both the domestic and transnational dimensions of market governance, the authors offer a crucial insight into the co-existence and interaction between state and market-based economic governance.
This is a concise and profound book from one of the world's leading political and legal philosophers about a major theme, equality, and the proposition that humans are all one another's equals. Jeremy Waldron explores the implications of this fundamental tenet for law, politics, society and economy in the company of John Locke, whose work Waldron regards 'as well-worked-out a theory of basic equality as we have in the canon of political philosophy'. Throughout the text, which is based on the Carlyle Lectures given in Oxford in 1999, Jeremy Waldron discusses contemporary approaches to equality and rival interpretations of Locke, and this dual agenda gives the whole an unusual degree of accessibility and intellectual excitement, of interest to philosophers, political theorists, lawyers and theologians around the world.
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are d
