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11. The Evolution and Current Status of De Facto Stare Decisis in International Trade and Investment Tribunals: How to Understand the Present by Looking into the Past

Author:
Chanya Punyakumpol
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:
Is there a doctrine of 'stare decisis' in international trade and international investment law? From a positive law perspective, the answer is a definite no. However, as many scholars have observed, in practice, there has been a strong level of deference from the Appellate Body to its previous rulings, but less so from investment tribunals. Using social network analysis to assess actual citations from the Appellate Body Reports and investment arbitrations from the inception to the current time, this paper examines the evolution and 'status quo' of citation networks in international trade and international investment arbitrations. It asks, not only whether there is a 'de facto' rule of precedent in the two regimes, but also when it occurs and how the development links with the institutional design of dispute settlement. The results show how the doctrine of 'stare decisis' diverges in international trade and international investment, as well as the importance of institutional design in shaping and constraining the behaviors of tribunals.
Topic:
Economics, Globalization, International Trade and Finance, Law, Finance, and Global Political Economy
Political Geography:
Global Focus

12. Mobility of Labour versus Capital: A Global Governance Perspective

Author:
Stuart Rosewarne and Nicola Piper
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
The mobility of people can be defined as one of the pillars of globalisation because of the posi- tive effects it can engender for global economic development. Yet, the governance of migration contrasts with other dimensions of glo- balisation. The liberalisation of international trade, money and finance has been backed by an internationally-endorsed governance architec- ture. There has not been a comparable counter- part regulating migration. Increased migration and movement of refugees have exposed this lacuna, resulting in what we characterise as the securitisation-liberalisation paradox: the chal- lenge in advancing the development promise of international migration and reconciling it with maintaining the integrity of national sovereignty without compromising human and labour rights. The United Nations’ (UN) Global Compacts on Refugees and Migration articulate a raft of gov- ernance principles and instruments to encour- age international cooperation. However, the preoccupation with ensuring national sovereign- ty has prevailed to the detriment of furthering a post-migration paradigm with respect to human and labour rights. What is needed is a broader focus on migration, a better understanding of its various forms and a rights-based approach in migration governance.
Topic:
Globalization, Migration, United Nations, Governance, and Refugee Crisis
Political Geography:
Global Focus

13. Evaluating the Zero Draft on a UN Treaty on Business and Human Rights: What Does it Regulate and how Likely is its Adoption by States/

Author:
Julia Bialek
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
Topic:
Globalization, Human Rights, Treaties and Agreements, and transnationalism
Political Geography:
Global Focus

14. Study Abroad Matters: Linking Higher Education to the Contemporary Workforce through International Experience

Author:
Ashley Stipek, Lindsay Calvert, Wagaye Johannes, Shana Childs, Elaina Loveland, and Catherine Morris
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Institute of International Education
Abstract:
In today’s competitive economy, it takes more than a college degree to convince employers that graduates are ready for the workforce. Study Abroad Matters: Linking Higher Education to the Contemporary Workforce through International Experience, from IIE and the AIFS Foundation, synthesizes leading-edge research to demonstrate that in this globalized era, study abroad has become one of the most powerful ways to prove to employers that graduates have in-demand skills for the contemporary workplace. This paper outlines best practices for high education institutions, industry, and graduates to better articulate the value of study abroad for the contemporary marketplace.
Topic:
Globalization, Employment, Diversity, Language, and Higher Education
Political Geography:
North America, Global Focus, and United States of America

15. Towards a More Inclusive Globalization: An Anti-Social Dumping Scheme

Author:
Dani Rodrik
Publication Date:
12-2018
Content Type:
Policy Brief
Institution:
Economics for Inclusive Prosperity (EfIP)
Abstract:
Theory and empirics both suggest that international trade has sharp distributional implications. Furthermore, redistribution caused by trade is often viewed by the general public as more harmful or disruptive than other domestic market shocks. I discuss conditions under which there may be a legitimate case for restricting trade to promote domestic social inclusion, and propose a specific policy – a social safeguards clause – targeting those circumstances.
Topic:
Economics, Globalization, International Trade and Finance, Economic Policy, Economic Theory, and Trade Liberalization
Political Geography:
Global Focus

16. Taxing multinational corporations in the 21st century

Author:
Gabriel Zucman
Publication Date:
09-2018
Content Type:
Policy Brief
Institution:
Economics for Inclusive Prosperity (EfIP)
Abstract:
Globalization and the rise of intangible capital have increased tax avoidance opportunities for large firms dramatically. 40% of multinational profits are shifted to tax havens each year globally and the United States loses about 15% of its corporate income tax revenue because of this shifting. I discuss the evidence on the redistributive effects of international tax competition. I then present a proposal to reform the corporate tax that would remove any incentive for firms to shift profits or move real activity to lowtax places. Contrary to a widespread view, it is possible to tax multinational companies (potentially at high rates) in a globalized world, even in the absence of international policy coordination.
Topic:
Economics, Globalization, Regulation, Multinational Corporations, Tax Systems, Economic Policy, and Economic Theory
Political Geography:
Global Focus

17. Global Issues and Business in International Relations: Intellectual Property Rights and Access to Medicines

Author:
Yoshiko Kojo
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
In international relations, globalization transfers the location of governance from nation-states laterally to such private actors as nongovernmental organizations (NGOs) and multinational firms, as well as vertically to local governments and supranational organizations. The purpose of this article is to clarify how the competitions among firms affect the problem of global issues by examining the case of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and public health. This study shows why most of least developed countries implemented the TRIPS despite the warning of NGOs not to implement earlier for the sake of access to medicines. In order to understand the positive attitude of least developed countries toward the TRIPS, we have to examine how the distribution of pharmaceutical firms capacities in developing countries affect the implementation of the TRIPS Agreement. The existence and different capacities of generic pharmaceutical companies in developing companies are important elements of state policy toward the TRIPS.
Topic:
International Relations, Globalization, International Trade and Finance, Intellectual Property/Copyright, Business, and Medicine
Political Geography:
Global Focus

18. DC’s Climate Policy Should Be Even More Ambitious: Testimony Before the Council of the District of Columbia

Author:
Ryan Fitzpatrick
Publication Date:
09-2018
Content Type:
Commentary and Analysis
Institution:
Third Way
Abstract:
My name is Ryan Fitzpatrick, and I am a resident of Ward 5 in the District of Columbia and Deputy Director of Clean Energy for Third Way, a policy think tank here in DC. As we saw yesterday with the release of the new report of the Intergovernmental Panel on Climate Change (IPCC), the world is facing an enormous challenge in the fight against climate change. We at Third Way believe that this demands urgent, aggressive action now to reduce and eliminate carbon pollution as cost-effectively, and from as many sectors of the economy, as possible
Topic:
Climate Change, Globalization, and International Affairs
Political Geography:
Global Focus

19. Striking a Balance: Straight Talk on the Global Economy

Author:
Michelle Nicholasen
Publication Date:
02-2018
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
or more than two decades, economist Dani Rodrik has warned about the dangers of what he has called “hyperglobalization.” He has long argued that national economies and domestic policies should have priority amidst a rising tide of unfettered globalization and open markets. Today we have some evidence that he was right. Our race toward “one world economy” has produced consequences in the form of global social inequality and populist or extremist political movements, for example. Rodrik envisions a way to keep bringing down trade barriers while maintaining the integrity of the nation-state. His latest book, Straight Talk on Trade, is a synthesis of his monthly columns for Project Syndicate, and functions as a roadmap of Rodrik’s prolific analyses. The Weatherhead Center spoke to him about his long view on world economies.
Topic:
Globalization, Science and Technology, and Global Political Economy
Political Geography:
Global Focus

20. The Developmental State in the 21st Century: Calling for a New Social Contract

Author:
Giulio Regeni and Georgeta Vidican Auktor
Publication Date:
01-2017
Content Type:
Special Report
Institution:
German Development Institute (DIE)
Abstract:
The ‘developmental state’ is a highly debated notion in development literature, having evolved from the extraordinary experience of late industrialising countries in East Asia. In this Discussion Paper we join a growing number of scholars to argue that changing global conditions call for a revitalisation of the debate on the role of the state in social and economic transformation in the 21st century. We focus on three main global challenges for economic development in the 21st century: climate change and environmental degradation; increased digitalisation (the increasingly ‘bit-driven’ economy); and changed policy space for individual states as a result of globalisation. These evolve simultaneously and reinforce each other. We argue that the global context calls for a change in the social contract that underpins structural economic transformation, by placing a stronger emphasis on cultivating inclusive state-society relations oriented towards promoting economic growth within planetary boundaries. Such emphasis is, in our view, currently under-represented in the emerging literature on a developmental state in the 21st century. For this reason, we consider it relevant not only to elaborate on the historical conditions that shaped the role of the state in industrial policy in late industrialising countries, but also on current challenges that call for a changing perspective on the role of the state in emerging and developing countries.
Topic:
Climate Change, Development, Environment, Globalization, State, and Economic Development
Political Geography:
Global Focus