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London ; New York : Anthem Press [2019], 2019
xvi, 262 Seiten
Art des Inhalts: 
"This volume was produced by the project on Rethinking Trade and Investment Law (ReTAIL) sponsored by Harvard Law School's Institute for Global Law and Policy (IGLP) and Georgetown Law's Center for the Advancement of the Rule of Law in the Americas (CAROLA) with additional assistance from Cornell Law School ... The essays were initially presented at a workshop at IGLP in April 2018 ... October 2018 IGLP held an "Incubator" at which a draft of the introductory overview essay was discussed." - ECIP acknowledgments
Includes bibliographical references and index
978-1-78308-972-7 hardback
Sammelwerk / Collection of articles of several authors
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Klassifikation der Library of Congress: K3820.A6
Dewey Dezimal-Klassifikation: 343.08/7
Machine generated contents note: Part I: Introduction and Overview, David Trubek, Chantal Thomas and Alvaro Santos; Part II: Rethinking the Political Economy of Trade: Comments on Dani Rodrik's 'Straight Talk on Trade', Chantal Thomas, Kevin P. Gallagher, Gregory Shaffer, Alvaro Santos and Dani Rodrik; Part III: Setting the Stage for a Progressive Vision: Emerging Issues in World Trade and Investment Law; Section I: Mapping the New Context for Trade and Investment Law; The End of Trade and Investment Law As We Know It: From Singularity to Pluralism, Poul F. Kjaer; Heterodox Market Orders in the Global Trade System, Andrew Lang; Embedded Neoliberalism and Its Discontent: The Uncertain Future of Trade and Investment Law, Sonia E. Rolland and David Trubek; Rethinking the RCEP in the Third Regionalism: Paradigm Shifts in World Trade Law?, Pasha L. Hsieh; Beyond Normal Trade Law, Robert Wai; Section II: Dealing with Major Changes in the World Economy; Trade, Distribution and Development under Supply Chain Capitalism, Dan Danielsen; The Global Rise and Regulation of Platform Firms and Markets, Jason Jackson; How Should We Think About a Global Market in Legal Cannabis?, Antonia Eliason and Rob Howse; Section III: Framing a More Equitable Investment Law Regime; Bilateral Investment Treaties: Has South Africa Chartered a New Course?, Dennis. M. Davis; Rethinking the Right to Regulate in Investment Agreements: Reflections from the South African and Brazilian Experiences, Fabio Morosini; Making Local Communities Visible: A Way to Prevent the Potentially Tragic Consequences of Foreign Investment?, Nicolás M. Perrone; Section IV: Supporting Development; Bargaining over Policy Space in Trade Negotiations, Gregory Shaffer; Trumping the IMF: Trade and Investment Treaties and the Regulation of Cross-Border Financial Flows, Kevin P. Gallagher; Section V: Reinforcing Social Protection: Spreading the Benefits of Trade, Dealing with Losses and Exploring the Trade-Immigrant Nexus; Trade Agreements in the 21st Century: Rethinking the Trade-Labor Linkage, Kerry Rittich; The New Frontier in Labor and Trade, Alvaro Santos; Restoring Trade's Social Contract in the United States, Frank J. Garcia; Re-embedding Liberalism: Introducing 'Passporting Fees' for Free Trade, Thomas Streinz; Irregular Migration and International Economic Asymmetry, Chantal Thomas
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the US ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefits more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in 'Globalization Reimagined' that includes new ways to link trade with protection for labour; measures to ensure that gains from trade are used to offset losses; new rules that can protect foreign investments without hamstringing developing governments or harming local communities; innovative procedures to allow developing countries the freedom to try innovative growth strategies; and methods to cope with new products.
"Two voices dominate the public debate right now. On the one hand, there are the nationalists who blame trade for job loss and community decline, propose protectionism and global disintegration as the solution, and are willing to walk away from the rule-based system that was consolidated with the founding of the World Trade Organization (WTO). On the other hand are those who defend the current global trade institutions and rules, blaming domestic policy for any maldistribution, and are bent on preserving the status quo. Our view is that this binary is too limited"--
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