Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-pfhbr Total loading time: 0 Render date: 2024-07-11T01:27:37.550Z Has data issue: false hasContentIssue false

Chapter Eight - Embedded Neoliberalism and Its Discontents: The Uncertain Future of Trade and Investment Law

from SECTION 1 - MAPPING THE NEW CONTEXT FOR TRADE AND INVESTMENT LAW

Published online by Cambridge University Press:  07 September 2019

Sonia E. Rolland
Affiliation:
Northeastern University School of Law.
David Trubek
Affiliation:
University of Wisconsin-Madison.
Get access

Summary

An era marked by an uneasy truce between developed countries and the developing world is coming to an end. This era, which reached its apogee in the 1990s, could be characterized as “embedded” neoliberalism, where developing countries signed on to an international economic law (IEL) system premised on neoliberal tenets but softened by de jure and de facto exceptions and derogations ostensibly to accommodate developmental needs and policies. Initially, developing countries resisted rules that imposed unwanted restrictions and that limited growth options. But it was the best they could secure at the time, so they accepted much of the regime thus creating a temporary truce. With this truce between market-oriented globalization and state-based developmentalism unraveling, we look at how things might evolve and ask if there is another set of relations that would address changing conditions, manage conflicting interests and restore some stability.

The world economy is rife with clashes of values and interests. States in the North, encouraged by multinational corporations (MNCs), push to further open global markets, reduce the role of the state in the economy and provide special protection for foreign investors. States in the South resist some of these pressures in the name of development, maintain a commitment to state-led growth and demand more control over their domestic markets and opportunities abroad for their exporters. These tensions translate into stalemates over the scope of existing rules, struggles to create new ones and even the possibility that the multilateral rule-based system itself will collapse.

Over all this looms China. In recent years, China has become more assertive on the world stage, doubled down on its commitment to state-led growth and announced policies that conflict with existing and proposed rules. As its economy grows in both absolute terms and relative to that of the United States and the European Union (EU) and it strengthens relations with other developing countries, China's capacity to influence trade and investment policy may grow apace. Could we be witnessing the end of the postwar liberal order and the emergence of a China-led order more supportive of Global South values?

Type
Chapter
Information
World Trade and Investment Law Reimagined
A Progressive Agenda for an Inclusive Globalization
, pp. 87 - 96
Publisher: Anthem Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×