In today's society, the foreground of deliberation-in politics, legislation,
judicial decisions, even war is increasingly experienced by citizens as a mask
for the working out of norms and institutions the precise nature of which
eludes us. We are accustomed to looking behind every news item, often feeling
that the real decisions are made by other people than those who seem to be in
power, or that events are merely driven by facts on the ground or unconscious
motives. To consider global business activity, and especially employment
issues, in this experiential context is a daring and provocative challenge one
which was taken up in August 2004 under the sponsorship of the Department of
Business Law at Lund University. This remarkable book presents a rich sampling
of what was said at that unique symposium among a group of notable authorities
in law, business, and international relations.
The seventeen authors whose contributions appear in this book bring their
lucid perspectives to bear on the vital and complex issues that emerge from
the contemplation of the territory where the rule of law encounters global
business interests. These perspectives encompass such factors as the following:
the role of the expert;
global extension of the nation-state model;
the effect of development aid on legal systems in developing countries;
WTO rules and dispute settlement;
the most favoured nation (MFN) principle;
efforts to harmonise contract law;
multinational corporate behaviour;
the search for fair labour standards;
the clash of economic law and labour law;
corporate social responsibility; and
alternative dispute resolution in international trade.
Underlying all the essays is the insight that, although there is no
established global law and no global law-giver, yet there is no national law
that is not deeply affected by the globalisation of markets. Collectively,
these authors provide a deeper and truer vision of the real global legal
regime that is rapidly taking shape. The powerful impetus this book provides
toward an understanding of actually developing global governance and global
justice will be of great value to all who wish to see a balance struck among
economic, environmental, and social interests in our world.
Introduction. List of Contributors. 1. Challenging Expert Rule: The
Politics of Global Governance; D. Kennedy. 2. Regional
Agreements as Political Instruments for Globalization;P. Landelius.
3. International Development Aid in the Legal Field as a Vehicle for
Globalization of Law; M. Bogdan. 4. Trade Facilitation and the
World Trade Organization; M. Ahmad. 5. Facilitating Compulsory
Licensing Under TRIPS in Response to the AIDS Crisis in Developing Countries;
H. H. Lidgard, J. Atik. 6. Commercial and Development Policy Rules
of Origin as Strategic Tools; C. Moël. 7.
Most-Favoured-Nation Treatment in International Investment Law; M.-F. Houde.
8. Public-Private Partnerships: An International Trend Challenging
Existing Legal Frameworks; T. Wiwen-Nilsson. 9. Contractual
Aspects on Supply Chain Alignment Post Merger and Acquisition Integration in a
Global Corporate Matrix; P. O. Johannesson. 10. International
Contracts Harmonization of Commercial Law by Conventions, Soft Law and
Individual Contracts; C. Ramberg. 11. The Evolution of
International Income Tax Law Applied to Global Trade; C. Brokelind.
12. The Role of Codes of Conduct in Monitoring Multinational Corporate
Behaviour; R. Blanpain. 13. Promoting Fair Labour Standards in a
Globalized Economy: The Need for a Multi-Track Approach; J. Malmberg.
14. Labour versus the World Trade Organization: The Clash Between
Economic, International Law and Labour Law Theories; L. Roseberry.
15. Partnering for Development: The Private Sector as a Precondition for
Reaching the Millennium Development Goals; S. Mandrup Petersen. 16.
Opening a Window for Alternative Dispute Resolution in International Trade;