There is a growing clamor ― particularly from the main beneficiaries of
globalization ― that rules need to be established to govern the international
economy, with a specific focus on questions such as copyright violations,
trade sanctions, and protections for increased foreign investment.
While there is little doubt that globalization is a major contributor to
changes in the definition, boundaries and nature of law, the question remains
as to how much law and regulation from different sources is compatible with
the assumptions of economic globalization. From a market perspective the point
at which state law and regulation move from ‘legitimate’ non-economic
interests into the ‘illegitimate’ restriction of trade and investment will
materialize much sooner than it will from other perspectives. These
theoretical questions arise in concrete form for the decisions of
international economic institutions such as the WTO.
This thoughtful work focuses on the different forms of law which create the
legal infrastructure of economic globalization and on how they interact with
one another. It also explains how law is used both to maintain and oppose
aspects of globalization. In addition it evaluates the governance of the
global political economy in terms of the standards of the Rule of Law.
List of Abbreviations
Preface
Chapter 1 Introduction
1. Objectives and Background
2. Principles and Practices in Globalization
3. Trends in Globalization Practice
4. Evaluating Globalization
5. Law and Regulation in a Globalization Context
6. Other Introductory Concepts
Chapter 2 The Laws of the Market System
1. The Market System
2. The Market System and the Law
3. The Legal Framework of the Market
4. Extending the Market Globally
5. Dispute Resolution and the Market
6. Conclusion
Chapter 3 National Law and Globalization
1. Globalization and the State
2. Domestic Law that Facilitates Globalization
3. Case Study on Domestic Law and Globalization
4. Domestic Dispute Resolution Supporting Globalization
5. The Changing Nature of Domestic Economic Law
6. Conclusion
Chapter 4 Globalization and the International Law of Treaties
1. The Nature of Treaty Law
2. International Law on Trade and Investment
3. Case Illustrations of International Treaty Law
4. Regional and Bilateral Treaties
5. Dispute Resolution under International Treaties
6. Conclusion
Chapter 5 The Laws of International Organizations
1. International Economic Organizations
2. The World Trade Organization
3. Dispute Resolution through Global Institutions
4. Governance and Regulation by International Organizations
5. Conclusion
Chapter 6 Globalization Opposition and Alternatives
1. Opposition to Globalization
2. Grounds of Opposition and Resistance
3. Strategic Responses to Globalization
4. Targets of Resistance and Opposition
5. Alternative Approaches to Globalization
6. Conclusion
Chapter 7 Emerging Law and Governance in the Global Economy
1. Elaborations of Existing Institutions
2. Prospective Global Institutions and Procedures
3. Contemporary Challenges to Economic Globalization Norms
4. Emerging Collaboration in Global Governance
5. Conclusion
Chapter 8 Globalization and the Rule of Law
1. Defining Features of the Rule of Law
2. The Rule of Law in Contemporary Globalization
3. Developing a Global Rule of Law
4. Functions for a Global Rule of Law
5. Conclusion
Bibliography of Principal Works
Index