作为发展的地区主义:《洛美第一公约》和《洛美第二公约》(1975年至1985年)

IF 1.3 2区 社会学 Q1 LAW Leiden Journal of International Law Pub Date : 2022-11-28 DOI:10.1017/S092215652200067X
Rafael Lima Sakr
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引用次数: 0

摘要

《lom公约I》(1975年)和《lom公约II》(1979年)是欧洲共同体(EC)与非洲、加勒比和太平洋地区后殖民国家集团(ACP)之间的第一批区域贸易协定(rta)。专门的学术研究对这些公约提供了丰富的分析;然而,关于法律和律师在其制定过程中的作用,以及它们与当今关于区域贸易协定的辩论的相关性,人们知之甚少。本文从两个方面推进了现有知识。首先,它将法律在将lom作为管理欧共体-非加太区域主义的法律制度方面发挥的更为明显的作用历史化。然后,它认为这些公约不同于现有的区域贸易协定,因为它们在社会和经济发展方面具有独特的中心地位;而不是今天的区域贸易协定,因为它们不仅被认为是发展的工具,而且是发展的组成部分。其次,通过将法律和律师在lomoise制度中不太明显的作用历史化,本文确定了南北区域贸易协定的专家概念被提炼出来,以管理哪些想法、项目、规范和制度适用于lomoise。这一独特的概念- -称为发展框架- -在为决策者谈判、解释和管理《公约》创造可能的条件方面至关重要。这些发现从两个方面挑战了传统观念。他们认为,lomoise的独特之处不是体现了一种新的模式,而是巩固了发展框架的主导地位。他们通过展示竞争概念的存在,对rta作为普遍概念的文本表现的当今理解提出异议,这些概念表达了rta的目的、内容和形式的不同概念。
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Regionalism as development: The Lomé Conventions I and II (1975–1985)
Abstract Lomé Conventions I (1975) and II (1979) were the first regional trade agreements (RTAs) between the European Community (EC) and the group of postcolonial countries in Africa, the Caribbean, and Pacific (ACP). Specialized scholarship offers rich analyses of those Conventions; however, little is known about the role of law and lawyers in their making, and their relevance for present-day debates about RTAs. This article advances existing knowledge in two ways. First, it historicizes the more visible role of law in constituting Lomé as a legal regime for governing EC-ACP regionalism. It then argues that the Conventions were distinct from existing RTAs due to their unique centrality on social and economic development; and from present-day RTAs, because they were conceived not simply as instrumental to but also as constitutive of development. Second, by historicizing the less visible role of law and lawyers in the Lomé regime, the article identifies that a specialist conception of South-North RTAs was refined to govern which ideas, projects, norms, and institutions were applicable to Lomé. This distinct conception – called the development framework – was critical in creating the conditions of possibility for decision-makers negotiate, interpret, and manage the Conventions. Those findings challenge conventional wisdom on two grounds. They suggest that Lomé was unique not for embodying a new model but for consolidating the development framework’s dominance. They contest present-day understanding of RTAs as textual manifestations of a universal concept by demonstrating the existence of competing conceptions, which express distinct notions of RTAs’ purpose, content, and form.
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来源期刊
CiteScore
2.30
自引率
6.70%
发文量
67
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