To what extent does the choice of competition law model correlate with economic inequality? While competition laws have been suggested as potentially contributing to current inequality trends in developed countries and as a viable instrument to address them, there is little empirical evidence on their distributional effects. This article helps fill this gap. It utilizes a comparative legal approach and a unique estimation framework based on the textual similarity to estimate the differences between the US and EU models and provides evidence that countries that adopt a US-style antitrust model are more likely to exhibit higher income inequality levels over time. While this link should not be interpreted causally, it suggests that potential institutional factors might affect the rise of inequality.
{"title":"Competition Law and Economic Inequality: A Comparative Analysis of the US Model of Law","authors":"Amit Zac","doi":"10.1093/jiel/jgac028","DOIUrl":"https://doi.org/10.1093/jiel/jgac028","url":null,"abstract":"\u0000 To what extent does the choice of competition law model correlate with economic inequality? While competition laws have been suggested as potentially contributing to current inequality trends in developed countries and as a viable instrument to address them, there is little empirical evidence on their distributional effects. This article helps fill this gap. It utilizes a comparative legal approach and a unique estimation framework based on the textual similarity to estimate the differences between the US and EU models and provides evidence that countries that adopt a US-style antitrust model are more likely to exhibit higher income inequality levels over time. While this link should not be interpreted causally, it suggests that potential institutional factors might affect the rise of inequality.","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":"49655892","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}
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.
{"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}
This article surveys the dramatic sea change in the legal status of both the domestic and international cannabis trade over the past decade and asks whether legalization challenges or complements racial capitalism. As the changing status of prohibited drugs not only seeks to correct a historical wrong but also gives rise to a new, highly profitable cross-border commodities market, I analyse whether the variety of policies that are currently being implemented alongside cannabis legalization—from import restrictions to social equity licences—is sufficient to appease the demand for reparations by the communities who suffered the most through the past century of the ‘War on Drugs’. This ‘War on Drugs’ was both historically and structurally weighted towards the reinforcement of racial hierarchies. As it enters into its twilight, I find that an overview of both the international and domestic laws that are being passed in order to introduce a new age of legal, commercial cannabis threatens to lock in the racial inequalities of our global economy, rather than serve as a tool for the advancement of reparative racial justice.
{"title":"The Legalization of Cannabis and the Question of Reparations","authors":"K. Koram","doi":"10.1093/jiel/jgac026","DOIUrl":"https://doi.org/10.1093/jiel/jgac026","url":null,"abstract":"\u0000 This article surveys the dramatic sea change in the legal status of both the domestic and international cannabis trade over the past decade and asks whether legalization challenges or complements racial capitalism. As the changing status of prohibited drugs not only seeks to correct a historical wrong but also gives rise to a new, highly profitable cross-border commodities market, I analyse whether the variety of policies that are currently being implemented alongside cannabis legalization—from import restrictions to social equity licences—is sufficient to appease the demand for reparations by the communities who suffered the most through the past century of the ‘War on Drugs’. This ‘War on Drugs’ was both historically and structurally weighted towards the reinforcement of racial hierarchies. As it enters into its twilight, I find that an overview of both the international and domestic laws that are being passed in order to introduce a new age of legal, commercial cannabis threatens to lock in the racial inequalities of our global economy, rather than serve as a tool for the advancement of reparative racial justice.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" ","pages":""},"PeriodicalIF":3.1,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47211326","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}
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.
{"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}
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.
{"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}
{"title":"Racial Capitalism and International Economic Law: Introduction","authors":"J. Gathii, Ntina Tzouvala","doi":"10.1093/jiel/jgac025","DOIUrl":"https://doi.org/10.1093/jiel/jgac025","url":null,"abstract":"","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":"48802460","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}
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.
{"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}
Refusal of abject commodification undergirds contemporary international law definitions of slavery and their growing linkage to international economic agreements through injunctions against the use of forced labor. Yet there are screaming silences in ongoing attempts to grapple with the prevalence and significance of contemporary slavery in the global economy. This contribution to the special issue on racial capitalism in international economic law calls for a reckoning with the past in the international law on contemporary slavery. By foregrounding resistances to erasure, and squarely addressing the significance of race to the perpetuation of slavery, this article seeks to harness their promise for a reconstruction of a contemporary law of slavery that understands racialization as offering an essential social justice challenge to the decommodification of labor.
{"title":"Racial Capitalism and the Contemporary International Law on Slavery: (Re)membering Hacienda Brasil Verde","authors":"Adelle Blackett","doi":"10.1093/jiel/jgac020","DOIUrl":"https://doi.org/10.1093/jiel/jgac020","url":null,"abstract":"\u0000 Refusal of abject commodification undergirds contemporary international law definitions of slavery and their growing linkage to international economic agreements through injunctions against the use of forced labor. Yet there are screaming silences in ongoing attempts to grapple with the prevalence and significance of contemporary slavery in the global economy. This contribution to the special issue on racial capitalism in international economic law calls for a reckoning with the past in the international law on contemporary slavery. By foregrounding resistances to erasure, and squarely addressing the significance of race to the perpetuation of slavery, this article seeks to harness their promise for a reconstruction of a contemporary law of slavery that understands racialization as offering an essential social justice challenge to the decommodification of labor.","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":"46495494","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}
The 2009 European Union (EU) Seal Regime banning the importation of seal products on moral grounds and the series of cases before the EU courts and World Trade Organization provide an opportunity to understand how capitalism relies on racial categories. The EU Seal Regime is racist since it constructs an Indigenous identity based on abstract European definitions of subsistence hunting. It also has a unique racializing dynamic that proports to protect Indigenous identity from afar but in effect decimates Indigenous communities in their homeland. In this struggle over seals and the trade laws that constitute the global seal market, the concept of sovereignty in this instance helps clarify what is at stake. What is at stake is a contest over who has jurisdiction over seal bodies: whoever has the power to create the market rules that determine the taking and selling of seals in effect determines the sovereign power in the Arctic. Ultimately, what is problematic with the Seal Regime is that the definition of European morals used to justify the ban of seal products relied on a relationship that simultaneously ignored and threatened Indigenous existence.
{"title":"Markets, Sovereignty, and Racialization","authors":"Michael Fakhri","doi":"10.1093/jiel/jgac021","DOIUrl":"https://doi.org/10.1093/jiel/jgac021","url":null,"abstract":"\u0000 The 2009 European Union (EU) Seal Regime banning the importation of seal products on moral grounds and the series of cases before the EU courts and World Trade Organization provide an opportunity to understand how capitalism relies on racial categories. The EU Seal Regime is racist since it constructs an Indigenous identity based on abstract European definitions of subsistence hunting. It also has a unique racializing dynamic that proports to protect Indigenous identity from afar but in effect decimates Indigenous communities in their homeland. In this struggle over seals and the trade laws that constitute the global seal market, the concept of sovereignty in this instance helps clarify what is at stake. What is at stake is a contest over who has jurisdiction over seal bodies: whoever has the power to create the market rules that determine the taking and selling of seals in effect determines the sovereign power in the Arctic. Ultimately, what is problematic with the Seal Regime is that the definition of European morals used to justify the ban of seal products relied on a relationship that simultaneously ignored and threatened Indigenous existence.","PeriodicalId":46864,"journal":{"name":"Journal of International Economic Law","volume":" ","pages":""},"PeriodicalIF":3.1,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48486849","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}
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