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BL
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| Record Number
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846437
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| Main Entry
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Froese, Marc D.
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| Title & Author
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Sovereign rules and the politics of international economic law /\ Marc D. Froese.
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| Publication Statement
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New York, NY :: Routledge,, 2018.
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| Series Statement
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Routledge global institutions series
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| Page. NO
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1 online resource
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| ISBN
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1351115553
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: 1351115561
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: 135111557X
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: 1351115588
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: 9781351115551
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: 9781351115568
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: 9781351115575
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: 9781351115582
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0815361750
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1351115588
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9780815361756
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Cover; Half Title; Title Page; Copyright Page; Dedication; Table of Contents; List of illustrations; Acknowledgements; Abbreviations; 1. Introduction: Sovereign rules; Divergence and convergence; Defining our terms; Structure of the argument; Notes; 2. The politics of international economic law; Disciplinarity and international economic law; Interdisciplinarity and global political economy; Interdisciplinarity in IEL; Beyond interdisciplinary approaches; Conclusion; Notes; 3. Legal theory as analytic lens; Functionalism; Constitutionalism; Socio-legal approaches
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ConclusionNotes; 8. Conclusion: Political futures and the changing terrain of international economic law; The argument so far; Hypothesis 1: Systematized institutional dynamics are driving legal development at the WTO; Hypothesis 2: Regional trade agreements extend the use-value of the WTOâ#x80;#x99;s centralized institutional processes; Hypothesis 3: Market-oriented intergovernmental mechanisms may further the development of law even when formal multilateral frames are absent
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Legal fragmentationThe WTOâ#x80;#x99;s exclusive jurisdiction and regional dispute settlement systems; Recent trends in the development of regional trade agreements; Governance value chains; The reinsurance hypothesis; The institutional investment hypothesis; Conclusion; Notes; 6. Legal development without multilateral coordination; The proliferation of international investment agreements; Legal convergence and the question of multilateralization; A global marketplace for law and the problem of social cost; Conclusion; Notes; 7. Creating international economic law beyond the state
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Precedent and the articulation of law beyond the statePrecedent in international investment arbitration; Precedent at the WTO; Mapping case citation at the WTO; Question 1: How many separate WTO and GATT cases are cited as precedent?; Question 2: Is the number of cases cited increasing over time?; Question 3: Which cases are cited most often?; Question 4: Do some complainants and respondents rely on precedent more than others?; Law-making, legitimacy, and moments of rapid legal development; Precedent as law-making; Legitimacy and authority; Moments of rapid development in international law
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Towards multidisciplinarity: new approaches to international economic lawInternational economic law as policy science; New legal realism: the politics of international economic law; Conclusion; Notes; 4. Legal development at the WTO; Shifting equilibria and the GATT/WTO; Legal development at the GATT/WTO; Critical junctures; The space between; Shifting equilibria in the larger context; Conclusion; Notes; 5. Regionalism and the centralization of trade governance; Proliferation, fragmentation and international economic law; Incentives; Interests; Ideas; Income level; Institutional investment
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| Abstract
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"How ought scholars and students to approach the rapidly expanding and highly multidisciplinary study of international economic law? Academics in the field of international political economy used to take for granted that they worked with the overarching concepts of rules and governance, while legal scholars analyzed treaties and doctrines. However, over the past twenty years formerly disparate fields of study have converged in a complex terrain, where academic researchers and governmental policy analysts use a pluralistic set of theoretical and methodological tools to study the ongoing development of international economic law. This volume argues that the extensive development of international economic law makes it impossible to discuss international political economy and international law as if they were mutually exclusive processes, or even as if they were separate and mutually reinforcing. Rather, we must think of them as a deeply interconnected set of rapidly evolving activities. This is a paradigm shift in which we cease to think about an international system in which politics and law interact, and begin to think about an international system in which politics take place in a legal frame. Froese terms this a shift from politics and law, to the politics of international economic law. This book does for political economy what others have already done for law introduces political scientists, economists, and other practitioners of IPE, to the potential of engaging with legal theory and method; it will be of great interest to scholars in a range of areas including IPE, global governance, IR and international law."--Provided by publisher.
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| Subject
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Foreign trade regulation.
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International economic relations.
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International law-- Economic aspects.
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Sovereignty.
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Foreign trade regulation.
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International economic relations.
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International law-- Economic aspects.
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LAW-- Military.
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Sovereignty.
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| Dewey Classification
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343.07
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| LC Classification
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KZ1252.F76 2018eb
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