قانون و سرمایه‌گذاری جهانی بازاندیشی شده: یک دستور کار پیشرو برای جهانی‌سازی فراگیر

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 United States 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 benefi ts 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 World Trade and Investment Law Reimagined. | 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 'World Trade and Investment Law 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. Cover Front Matter Half-title Series information Title page Copyright information Table of contents Acknowledgments List of Contributors Chapters Int to 23 Introduction: World Trade and Investment Lawin A Time of Crisis: Distribution,Development and Social Protection Cross-Cutting Themes The question of distribution Policy flexibility versus locking in the social agenda in trade agreements Rethinking the role of the nation- state: Neoliberalism, value chains and all that Background conditions: Focus on the right law Rethinking the Political Economy of Trade You can have too much globalization: Excessive globalization has undermined democracy Loosen the ties that bind: Trade and investment law has constrained policy experimentation Regulation starts at home: The nation- state remains the key institution for regulating the economy No more tigers? The threat of premature deindustrialization It’s the economists, stupid: We need a new approach to trade in economics and other social sciences Rodrik’s rejoinder Setting the Stage for a Progressive Vision Mapping the new context for trade and investment law Cometh the dragon: The rise of China Coping with the continued diversity of economic models Learning from the fragmentation of world trade law Expanding the notion of normal trade law Dealing with major changes in the world economy Restructuring of capitalism and the limits of regulation: The supply chain revolution Platform firms: A new global phenomenon Ensuring new products contribute to sustainable growth with equity: The case of cannabis Framing a more equitable investment law regime Enthusiasm, skepticism and withdrawal: South Africa and Brazil Protecting local communities impacted by foreign investment Supporting development Facilitating heterodox approaches Limiting the effects of capital flows Reinforcing social protection: Spreading the benefits of trade, dealing with losses and exploring... The limits of labor clauses in trade agreements Prospects for bans on social dumping The need to regulate GVCs Better ways to compensate losers: Overcoming the flaws in tradead justment assistance Addressing the social cost implications of the trade–immigration nexus in both the North and the South Toward a Progressive Agenda Measures for a progressive agenda Integrate trade and social policy Tolerate diversity in economic models and facilitate economic development Create a system for regulation of GVCs Make investment protection development friendly and socially progressive Engaging with emergent progressive forces Part I Rethinking The Political Economy of Trade: Comments on Dani Rodrik’s Straight Talk on Trade Chapter One Comments on Straight Talk on Trade Straight Talk for Developed States: National Policy Space Should Prevail Over Cosmopolitan Fantasies Straight Talk for Developing States: Conventional Industrialization Is No Longer Possible Chapter Two Thoughts on Straight Talk on Trade It’s the Economists Blame Other Social Scientists, Too Chapter Three Reading Rodrik: A Call For a New Law and Economics for International Law Globalization Has Gone Too Far International Economic Law Should Respect Democracy and Empower Nation-State Regulation of the Global Economy The Nation-State Is the Institution That Can Most Effectively Regulate and Legitimize Markets International Law Must Facilitate Experimentation in Development Policy We Need a New Law and Economics to Deal with Economic Globalization Conclusion Chapter Four Reflecting on Straight Talk on Trade A World of Many Models Fair Trade and the New Rules for the Global Economy The Return of the Nation-State Conclusion Chapter Five A Response to the Comments by Thomas, Gallagher, Shaffer and Santos Part II Setting the Stage for a Progressive Vision: Emerging Issues in World Trade and Investment Law Section 1 Mapping the New Context for Trade and Investment Law Chapter Six The End of Trade and Investment Law as we Know it: From Singularity to Pluralism The End of the Western-Centric World The Absence of an Anchor Nation From TIL in the Singular to TIL in the Plural Rethinking the Rethinking of TIL Breaking the Hegemony of Economics Chapter Seven Heterodox Market Orders in the Global Trade System Chapter Eight Embedded Neoliberalism and its Discontents: The Uncertain Future of Trade and Investment Law Making the System Work for the South: Embedded Neoliberalism Developing countries use the WTO to gain access to markets in the North and South Developing countries use trade remedies and other flexibilities to protect domestic industries In practice, the dispute process allows developing countries to temporarily adopt policies that contravene the rules Developing countries have successfully blocked extension of the rules Is the Truce Broken? Trade policy changes in the face of resurgent Chinese state capitalism Investment law is unsettled Restricted by IEL and other factors, social safety nets fail to offset shocks A New Equilibrium? Chapter Nine Rethinking the RCEP in the Third Regionalism: Paradigm Shifts in World Trade Law? The RCEP in the Third Regionalism Trade Policies of Emerging Powers Distinct Features of the RCEP New Dynamics of Asia-Pacific Regionalism Conclusion and Suggestions Chapter Ten Beyond Normal Trade Law? The Concept of Normal Trade Law’s Role in Substantive Construction of the Normal Economy Defining market normalcy through international trade law Normal trade law and the rise of the normal exception Trade remedy law as normal trade law Normal Trade Law as Interface Normal Trade Law as Less Law or as Transnational Law Normal trade order without/with less law Normal trade law still as law but as transnational economic law Section 2 Dealing with Major Changes in the World Economy Chapter Eleven Trade, Distribution and Development Under Supply Chain Capitalism Supply Chain Capitalism—An Introduction Supply Chain Capitalism and Key Challenges It Poses for Developing Countries and Firms The Limits of Current Progressive Strategies for Development through Global Trade Chapter Twelve The Global Rise and Regulation of Platform Firms and Markets Historicizing Platform Firms Structural Disruptions in the Global Political Economy: Labor and Finance Labor outsourcing and offshoring Finance and financialization Summary Chapter Thirteen How Should we Think About a Global Market in Legal Cannabis? Shaping Global Markets to Support the Domestic Objectives of Legalization International Drug Conventions The Canadian Approach to International Trade and Investment in Cannabis The Challenge of Understanding a Global Market Fragmented between Legal and Criminal Activity Section 3 Framing a More Equitable Investment Law Regime Chapter Fourteen Bilateral Investment Treaties: Has South Africa Chartered a New Course? The Beginning of Trouble The Foresti Case The Protection of Investment Act Conclusion Chapter Fifteen Rethinking the Right to Regulate in Investment Agreements:Reflections From the South African... Investment Agreements and Policy Autonomy in South Africa and Brazil South Africa: Rebalancing black economic empowerment and investors’ rights Brazil: Carving policy space in the shadow of BITs Concluding Thoughts Chapter Sixteen Making Local Communities Visible: A Way to Prevent the Potentially Tragic Consequences... Local Communities, Governments and the International Investment Regime Taking Local Communities Seriously Making the Invisible Visible Section 4 Supporting Development Chapter Seventeen Bargaining Over Policy Space in Trade Negotiations Protection against Social Dumping Industrial Policy Space for Developing Countries Feasibility Conclusion Chapter Eighteen Trumping The IMF: Trade and Investment Treaties and the Regulation of Cross-Border Financial Flows The Need to Regulate Capital Flows Quantifying the Reach of Trade Treaties and Cross-Border Investment Flows US Trade Policy and the Regulation of Cross-Border Finance Reforming US Treaties for Financial Stability Section 5 Reinforcing Social Protection: Spreading the Benefits of Trade, Dealing with Losses and Exploring... Chapter Nineteen Trade Agreements in the Twenty-First Century: Rethinking the Trade–Labor Linkage The Case for Linkage The Inclusion of Labor Standards Matters Less Than We Hope or Think Reconceiving Linkage What Should We Advocate in This Complex Terrain? Chapter Twenty The New Frontier for Labor in Trade Agreements Farewell to Globalization’s Gold Standard The Rise and Fall of Labor Chapters The New Frontier for Labor Epilogue Chapter Twenty-One Re-Embedding Liberalism: Introducing Passporting Fees for Free Trade Reconceptualizing FTAs Introducing Passporting Fees Changing the Political Economy of Trade Chapter Twenty-Two Restoring Trade’s Social Contract in the United States Trade and the “Country within the Country” The social contract of trade Betraying the social contract of trade Restoring trade’s social contract Properly funding trade’s social contract Chapter Twenty-Three Migration and International Economic Asymmetry Open Markets, Closed Borders: An Asymmetric Globalization Trade and displacement: the evidence for a causal relationship to migration Increased Mexico–US migration, including irregular migration, after NAFTA Competing causal accounts of the NAFTA–trade–migration relationship NAFTA’s aggregate impact Why didn’t NAFTA job growth reduce Mexico–US migration? Why didn’t population growth account for the post-NAFTA migration increase? Why didn’t the peso crisis account for the post-NAFTA migration increase? Disaggregating post-NAFTA Mexico–US migration Looking Forward: To Close Markets or to Open Borders? End Matter Index 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 ‘World Trade and Investment Law 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.

"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"-- Provided by publisher "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"-- Provided by publisher