Introduction to the Symposium on International Economic Law and Its Others

Abstract

This symposium explores international economic law and “ the others. ” 1 We de fi ne “ the others ” as the most vulnerable in contemporary societies to international economic law and the global economic processes that it sup-ports, those who face oppression, adverse distributional consequences, and broader challenges to their way of everyday life. Their views are traditionally not represented, or at least not well recognized, within international economic law regimes. The symposium examines the struggle of “ the others ” and the movements that purport to represent them, to advance their interests and perspectives on international economic law, and potentially reshape regimes at a time of severe challenge, if not crisis, for international economic law. Traditionally, international economic law scholarship has not explored the role of those marginalized and less represented in formal processes, referenced as the “ subaltern ” in critical theory. 2 At times, these others are described as the losers in the global economy, but they are rarely represented as the protagonists of alternative forms of transnational legal ordering of the economy, who bring their own histories, experiences, and knowledges to the discussion. 3 Although international economic law may remain silent about these knowledges and movements, they interact with existing institutions, at times in unexpected ways. They may also develop creative solutions to some of the most pressing planetary problems — from gaping inequality that threatens to erode social peace and democratic governance, to ecological devastation and the existential threat of climate change. This introductory essay outlines how conventional international economic law scholarship has addressed core issues implicating “ the others. ” We contrast these conceptions with a view from those on the periphery — whether they live in low-, middle-, or high-income countries. The ensuing essays address the views of peasants, environmental activists, workers, and historically disfavored racial groups, who vary and diverge in their organizational capacities and abilities to speak for “ the other. ”