1,720,984 research outputs found
Decolonising International Law
No full textThe universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.</jats:p
The World Trade Organization and Fitzpatrick’s ‘New Constitutionalism'
No full textThis chapter is grounded in Peter Fitzpatrick’s examination and theorisation in a number of works, including "Modernism and the Grounds of Law" (Cambridge University Press, 2001) of the relationship between the national and international, or more specifically, the mutually constitutive relationship between national and international law. The chapter argues that an effect of this mutual constitution, has been – precisely as a result of the pretension to constitutionalism at the international level of the international economic law institutions, and especially the WTO - the seeping into the national constitutional-consciousness of economic or market rights
The emergence of the World Trade Organization: another triumph of corporate capitalism?
No full textThis chapter considers the establishment of the World Trade Organization (WTO) in the context of the rise of corporate capitalism and the structural effects of that ascent on the regulatory structure and institutional environment of the international trade regime. The chapter argues that the rise of corporate capitalism can be traced to at least the establishment of the English East India Company in 1600 and its Dutch counterpart, the Verenigde Oost-Indische Compagnie (VOC) in 1602, and that thereafter it followed a trajectory that linked it irrevocably with the international regulatory strategies of the state that represented, as Giovanni Arrighi (G Arrighi, "The Long Twentieth Century: Money, Power & the Origins of Our Times" (Verso, 2002) has argued, the “dominant agency of capitalist accumulation” in the relevant period. Focussing on the current period in which the United States has been the dominant state agency, the chapter traces the significance of the relationship between state strategy and corporate capitalism through to the Uruguay Round of trade negotiations and the emergence of the WTO as an intergovernmental institution
Internationalisation of Legal Research and Education
No full textShort presentation by Sundhya Pahuja (Director of the Law and Development Research Program at Melbourne Law School’s Institute for International Law and the Humanities, Melbourne, Australia) at the conference “Areas and Disciplines: Lessons from Internationalization Initiatives in the Humanities and Social Sciences in Germany”
Video of Panel 2: "Law as an Area and a Discipline"
No full text"Law as an Area and a Discipline" was the second panel of the conference “Areas and Disciplines: Lessons from Internationalization Initiatives in the Humanities and Social Sciences in Germany” organized by the Forum Transregionale Studien and the Max Weber Stiftung. The panelists Thomas Duve, Morag Goodwin, Christoph Möllers, Sundhya Pahuja and their host Alexandra Kemmerer reflected the challenges legal studies are facing by internationalization and discussed the advantages and disadvantages..
Internationalisation of Legal Research and Education
No full textStatement about the conference "Areas and Disciplines" by Sundhya Pahuja What does the “internationalisation” of legal research, teaching and practice mean? My own experience suggests that there are different versions of what the idea of internationalisation does and should mean in relation to law, whether understood as an analytical category, institutional practice or research orientation. These variants translate to differences in both strategy and appropriate evaluative measure. In any giv..
Internationalisation of Legal Research and Education
No full textStatement about the conference "Areas and Disciplines" by Sundhya Pahuja What does the “internationalisation” of legal research, teaching and practice mean? My own experience suggests that there are different versions of what the idea of internationalisation does and should mean in relation to law, whether understood as an analytical category, institutional practice or research orientation. These variants translate to differences in both strategy and appropriate evaluative measure. In any giv..
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