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Redefining Sovereignty in International Economic Law

Editor(s): Wenhua Shan, Penelope Simons, Dalvinder Singh
Media of Redefining Sovereignty in International Economic Law
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Published: 21-04-2008
Format: Hardback
Edition: 1st
Extent: 516
ISBN: 9781841137018
Imprint: Hart Publishing
Series: Studies in International Trade and Investment Law
Dimensions: 234 x 156 mm
RRP: £95.00
Online price : £85.50
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Loren Epson

About Redefining Sovereignty in International Economic Law

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

Table Of Contents

Part One: Sovereignty and International Economic Law
1. Sovereignty: Outdated Concept or New Approaches John H Jackson
2. State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law? Ernst-Ulrich Petersmann
3. Sovereignty, Lost and Found Robert Howse
4. Sovereignty and International Economic Law Vaughan Lowe
Part Two: Trade Liberalisation and WTO Reform
5. Trade as the Guarantor of Peace, Liberty and Security? An Chen
6. Sovereignty and Reform of the World Trade Organisation Philip M Nichols
7. Sovereignty Issues in the WTO Dispute Settlement-A 'Development Sovereignty' Perspective Asif Qureshi
8. The Rule of Law and Proportionality in WTO Law Mads Andenas and Stefan Zleptnig
Part Three: Investment Treaties and Investment Arbitration
9. The Neo-Liberal Agenda in Investment Arbitration: Its Rise, Retreat and Impact on State Sovereignty M Sornarajah
10. International Investment Arbitration: A Threat to State Sovereignty? Joachim Karl
11. Calvo Doctrine, State Sovereignty and The Changing Landscape of International Investment Law Wenhua Shan
Part Four: Banking Regulation and International Financial Institutions
12. Banking, Economic Development and the Law Charles Chatterjee and Anna Lefcovitch
13. The Role of the IMF and World Bank in Financial Sector Reform and Compliance Dalvinder Singh
14. International Financial Law and the New Sovereignty: Legal Arbitrage as an Emerging Dimension of Global Governance Jorge Guira
Part Five: Human Rights and International Economic Law
15. Re-Righting International Trade: Some Critical Thoughts on the Contemporary Trade and Human Rights Literature Andrew TF Lang
16. Binding the Hand that Feeds Them: The Agreement on Agriculture, Transnational Corporations and the Right to Adequate Food in Developing Countries Penelope Simons
17. Realising Rights in an Era of Economic Globalisation: Discourse Theory, Investor Rights, and Broad-Based Black Economic Empowerment David Schneiderman


“Part One is excellent reading for anyone interested in the contemporary debates about sovereignty in public international law. A full range of theories is offered, from far-reaching proposals arguing for a "constitutional" approach to international law, to a reaffirmation of sovereign rights and finally to a thought-provoking dismissal of the whole debate. All four papers offer original insights…The collection will make for fine reading for international law scholars.” –  William F. Flanagan, Queens Law Journal Vol 34, 2009

“The book is an excellent piece of work. It clearly constitutes a valuable contribution to the analysis of the various conceptual aspects of sovereignty placed in the context of a globalised trade system
a "must-have" book
” –  Marios Koutsas, University of Essex, International Trade Law and Regulation Volume 15, Issue 5, (2009)

“Redefining Sovereignty in International Economic Law is an invaluable introduction to the current debate that surrounds the conceptualisation of sovereignty, and is a helpful guide into finding relevant sources on the subject.” –  Bernadita Saez Rozas, The Singapore Year Book of International Law Volume XII 2008

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