Journal of International Economic Law最新文献_第10页

Competition Law and Economic Inequality: A Comparative Analysis of the US Model of Law 竞争法与经济不平等——美国法律模式的比较分析

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-08-17 DOI: 10.1093/jiel/jgac028

Amit Zac

引用次数: 1

A New Chapter in China’s Stance on Labour Protection? An Assessment of the China–EU CAI 中国劳动保护立场开启新篇章?中欧CAI评估

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-08-17 DOI: 10.1093/jiel/jgac027

Yue Yan

{"title":"A New Chapter in China’s Stance on Labour Protection? An Assessment of the China–EU CAI","authors":"Yue Yan","doi":"10.1093/jiel/jgac027","DOIUrl":"https://doi.org/10.1093/jiel/jgac027","url":null,"abstract":"\u0000 China overhauled its pre-existing image of being insufficiently friendly to sustainable development in international investment agreements (IIAs) with its sweeping, specific, and strong commitments to labour rights protection in the Comprehensive Agreement on Investment (CAI) recently concluded with the European Union. This article provides an assessment of these labour provisions and examines their impact on China’s national, regional, and global stances on labour protection. Firstly, it analyses the features and purposes of different types of labour provision and the integrated mechanism for settling disputes on labour issues. This article then identifies the gap between China’s commitments under the CAI and its actual practices and presents a wish list for China to enhance labour protection, including efforts to ratify fundamental International Labour Organization conventions, improve domestic legislation on core labour principles, and enhance corporate social responsibility among Chinese investors. Further, this article assesses the macro-level impacts of these labour provisions. It argues that the CAI presents an opportunity to strengthen sustainable development and labour rights protection within China, along the Belt and Road Initiative, and globally. China is advised to continue incorporating modernized labour standards into its future IIAs.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" ","pages":""},"PeriodicalIF":3.1,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47860669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Legalization of Cannabis and the Question of Reparations 大麻合法化和赔偿问题

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-30 DOI: 10.1093/jiel/jgac026

K. Koram

引用次数: 2

Refiguring Slavery Through International Law: The 1926 Slavery Convention, the ‘Native Labor Code’ and Racial Capitalism 通过国际法重新定义奴隶制:1926年奴隶制公约，“本土劳工法”和种族资本主义

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-28 DOI: 10.1093/jiel/jgac024

Christopher Gevers

{"title":"Refiguring Slavery Through International Law: The 1926 Slavery Convention, the ‘Native Labor Code’ and Racial Capitalism","authors":"Christopher Gevers","doi":"10.1093/jiel/jgac024","DOIUrl":"https://doi.org/10.1093/jiel/jgac024","url":null,"abstract":"\u0000 This article charts the refiguration of slavery through international law, the concatenations of slavery, colonialism and their afterlives in the present, and what these might tell us about racial capitalism and international economic law. Drawing on the Black Radical Tradition, it shows how slavery was refigured in two distinct but related respects. First, from the late nineteenth century onwards, international lawyers ‘refigured’ slavery historically, such that ‘antislavery’ became a defining attribute of ‘progressive’, ‘white’, ‘civilization’, and set about building the international legal architecture to confirm this fabrication; culminating in the Slavery Convention (1926) and the League of Nations’ ‘antislavery’ machinery. As a result, as a matter of ‘history’ and international law, the ‘recrudescence’ of slavery could only take place in Africa, and in particular in the two African states not yet under white rule—Liberia and Ethiopia—which laid the basis for the violent interventions in these Black Republics by Italy and the League in the interwar period. Second, the Slavery Convention and the International Labor Organization’s ‘native labor code’—through the figure of the ‘Black Worker’—refigured the afterlives of slavery and colonialism as acceptable, ‘civilizing’ (forced) labor, provided it was under white management. The article ends by showing how white supremacy and Black subordination were refigured, materially and symbolically—at both the international and individual level—through the ‘fabulation of debt’, literal and moral; and, in turn, surfaces slavery and colonialism’s entwined afterlives in the racial capitalist present, including through interntational (economic) law.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" ","pages":""},"PeriodicalIF":3.1,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45227500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Indebted Impunity and Violence in a Lesser State: Ethno-Racial Capitalism in Sri Lanka 欠债的有罪不罚和小国的暴力：斯里兰卡的种族资本主义

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-22 DOI: 10.1093/jiel/jgac023

Sujith Xavier, Amar Bhatia, Adrian A. Smith

{"title":"Indebted Impunity and Violence in a Lesser State: Ethno-Racial Capitalism in Sri Lanka","authors":"Sujith Xavier, Amar Bhatia, Adrian A. Smith","doi":"10.1093/jiel/jgac023","DOIUrl":"https://doi.org/10.1093/jiel/jgac023","url":null,"abstract":"\u0000 This article examines the relationship between colonialism, capitalism, and violence in Sri Lanka through the combined lenses of international economic law (IEL) and transitional justice. We argue that colonialism instantiates vicious cycles in the histories of violence of ethno-racial capitalism through the creation of states with debts that can never be repaid. This system of ‘indebted impunity’ persists even under ‘new’ Southern sovereigns. We illustrate how IEL and transitional justice are co-constitutive in maintaining international law’s racial hierarchies, while pursuing the construction of racial hierarchies that precipitate ethno-racial capitalist formations, and violence, in Sri Lanka. We first attend to the emergence of international law with racial capitalism as a story of sustained violence, where offshoots like IEL and transitional justice remain tied to the foundational violence in ways that cannot be reformed away. The final section examines the colonial transformation of Sri Lanka, focusing on the British Empire’s role in configuring ethno-racial communities, to consider how IEL and transitional justice work together to maintain this cycle. We observe that indebted impunity persists as a structural condition even when the ‘white’ colonial masters have formally departed, and ‘brown’ differentially racialized compatriots become the ones in charge.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" ","pages":""},"PeriodicalIF":3.1,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44995455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Racial Capitalism and International Economic Law: Introduction 种族资本主义与国际经济法导论

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-22 DOI: 10.1093/jiel/jgac025

J. Gathii, Ntina Tzouvala

引用次数: 2

Rethinking the Role of Indigenous Peoples as Rightsholders, Stakeholders, and Valuable Market Participants in the Global Trade and Investment Spaces 重新思考土著人民作为全球贸易和投资领域的权利持有人、利益相关者和有价值的市场参与者的作用

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-09 DOI: 10.1093/jiel/jgac022

Jide James-Eluyode

{"title":"Rethinking the Role of Indigenous Peoples as Rightsholders, Stakeholders, and Valuable Market Participants in the Global Trade and Investment Spaces","authors":"Jide James-Eluyode","doi":"10.1093/jiel/jgac022","DOIUrl":"https://doi.org/10.1093/jiel/jgac022","url":null,"abstract":"\u0000 At the Margins of Globalization and Indigenous Peoples and International Trade are remarkable in the sense that only few texts have successfully undertaken any meaningful and comprehensive analyses, from a multidimensional perspective, of the situation of indigenous peoples within the context of global economic development and international trade and investment law. The pertinence of the many critical issues explored by Sergio Puig in At the Margins of Globalization, and Jon Burrows and Risa Schwartz in Indigenous Peoples and International Trade, in terms of facilitating greater understanding about the connectedness of the fields of global economic development, trade, and investment with indigenous peoples’ rights, and the implications brought about by such connection, cannot be overstated. This review therefore interrogates not only how the issues explored in the two books significantly contribute to the framing of discussions about the indigenous peoples’ participation in the market space, but also how those discussions fit into the larger discussion regarding how to improve the sociocultural and economic conditions of indigenous peoples and other marginalized populations.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" ","pages":""},"PeriodicalIF":3.1,"publicationDate":"2022-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47424923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Racial Capitalism and the Contemporary International Law on Slavery: (Re)membering Hacienda Brasil Verde 种族资本主义与当代国际奴隶制法：（再）成员巴西维德庄园

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-09 DOI: 10.1093/jiel/jgac020

Adelle Blackett

引用次数: 0

Markets, Sovereignty, and Racialization 市场、主权和种族化

IF 3.1 1区社会学

Journal of International Economic Law Pub Date : 2022-07-08 DOI: 10.1093/jiel/jgac021

Michael Fakhri

引用次数: 1

A Racial Capitalism Panorama 种族资本主义全景