World Trade Law after Neoliberalism
Reimagining the Global Economic Order
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 January 2013
- ISBN 9780199674398
- Binding Paperback
- No. of pages416 pages
- Size 233x165x22 mm
- Weight 622 g
- Language English 0
Categories
Short description:
It is often argued that there is an inherent tension between international human rights law and the rules of free trade. This book explores the assumptions underlying this debate and argues that we need to reconsider them, focusing more on how expert knowledge and informal relationships shape trade law and its interaction with human rights.
MoreLong description:
The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge.
In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
Lang is not the first author to have traced the ideational changes that contributed to the neoliberal transformation of trade law. However, it seems fair to say that no other author has paid such careful attention to the role of legal ideas in this story. Lang shows how changing ideas about trade have been linked to changing modes of legal analysis. He illustrates these changes with concrete examples taken from the decisions of GATT and WTO adjudicative bodies. And, in doing so, he demonstrates how legal ideas have had broader ideational and material consequences.
Table of Contents:
Introduction
Regime encounters: trade and human rights
Trade and Human Rights in Historical Perspective
The Global Justice Movement
Inter-regime Contestation
The Limits of Coherence
The trade regime and the neoliberal turn
Against Objectivism
Embedded Liberalism and Purposive Law
Neoliberalism and the Formal-technical Turn
Trade in Services
Conclusion
Conclusion: After Neoliberalism?
