Although the problem of trade and inequality is central to the resolution of the WTO Doha Round and to contemporary trade policy in general, it is currently undertheorized from a normative perspective. In this paper I develop a normative critique of WTO special and differential treatment law, as...

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of...

The rapid increase of third-party funding (TPF) in investor-state dispute-settlement (ISDS) raises concerns about effects TPF may have on the stability, fairness and legitimacy of the investment treaty regime. States and other stakeholders should critically assess the risks posed by TPF in its...

The papers in this volume together raise and respond to this key question: how can the justice of global economic relations be enhanced and safeguarded by international economic law? First, there is a need for more careful, formal attention to the relationship between normative theory and social...

<p>Trade is a species of exchange rooted in a rich experience of encounter, opportunity, risk, and inequalities of power. All of this enters into the relationship between trade, defined here—following Berge—as the free circulation of goods, and questions of meaning and value (our subject...</p>

Developing country concern over awed special and differential treatment (Samp;D) provisions has already contributed to the failed Seattle and Cancun WTO Ministerial Meetings. In order to succeed, the current WTO Doha Development Round must go beyond simply reforming existing Samp;D provisions,...

<p>International trade and economic globalization are in crisis. In the U.S. and elsewhere, current regimes like NAFTA and the EU, and trade deals like the TTIP and the TPP, have become targets for the political backlash against trade and its larger context, economic globalization. Brexit and the...</p>

By transforming borders and de-territorializing behavior, globalization raises a host of questions and concerns fundamental to law. Many commentators argue that international law and national law are no longer adequate categories for the totality of “law” today, and offer an array of new...

This essay identifies six key legal, economic and governance convergences in 21st century global law and policy: the deepening of the global economy, the worsening of economic inequality, the thickening of global social relationships, the unification of international economic law, the emergence...

In this paper, we examine the essential and increasingly recognized relationship between theories of justice and international economic law. As international economic law institutions have increased in number and power, and the stark figures of global poverty prove stubbornly persistent, justice...