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Full-Text Articles in Law
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order, Larry Cata Backer
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board And The Global Governance Order, Larry Cata Backer
Journal Articles
Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations, and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the …
The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep's Clothing?, Meredith Kolsky Lewis
The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep's Clothing?, Meredith Kolsky Lewis
Journal Articles
The Office of the United States Trade Representative (USTR) is currently negotiating with seven other countries to form a new trade agreement called the Trans-Pacific Partnership (TPP). The TPP has the potential to expand into a Free Trade Agreement of the Asia-Pacific (FTAAP). At present there are several competing models for Asia-Pacific economic integration that exclude the United States entirely. In such an environment, the TPP presents the United States with a welcome opportunity, not only to participate, but also to take a leadership role in establishing the terms for a region-wide agreement. Nevertheless, the USTR must make the TPP …
The Prisoners' Dilemma Posed By Free Trade Agreements: Can Open Access Provisions Provide An Escape?, Meredith Kolsky Lewis
The Prisoners' Dilemma Posed By Free Trade Agreements: Can Open Access Provisions Provide An Escape?, Meredith Kolsky Lewis
Journal Articles
This article explains why free trade agreements (FTAs) that are not compliant with the spirit of GATT Article XXIV’s requirement that such agreements cover “substantially all the trade” between the parties pose serious challenges for the multilateral trading system. It notes the paradoxical behavior of WTO members in continuing to negotiate such free trade agreements to the detriment of the WTO. It characterizes this paradox as a form of Prisoners’ Dilemma, in that although members would be better off pursuing trade liberalization via the WTO, their dominant strategy is to pursue FTAs. The article goes on to propose a pragmatic …