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The "Transnational" Political Economy:

A Framework for Analysis.[*]

Jarrod Wiener, University of Kent at Canterbury[**]

Introduction

Private International Trade Law:

The Positivist Perspective.

The Autonomist Perspective.

The Sources of the Lex Mercatoria: "Lex", or "Principa".

Applicability and Coercive Force.

"Delocalised International Commercial Arbitration":

Preliminary Observations:

Public International Trade Law.

Normative, Structural Imperatives of the Transnational Political Economy.

Conclusion: The Agenda for Research:

Ideology:

Investment:

Institutions:

Sovereignty, Authority, and Governance:

Endnotes

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

The "Transnational" Political Economy: - A Framework for Analysis.

Jarrod Wiener

copy @ Lex Mercatoria

The "Transnational" Political Economy:

A Framework for Analysis.[*]

Jarrod Wiener, University of Kent at Canterbury[**]

Institutions:

Also following from the change in ideology are two issues relating to institutions. The first is an examination of the rush of developing countries and the former Communist economies to join the institutions of the liberal order, particularly the GATT. This relates to the demise of the radicalism that underpinned the projects for alternative institutions, such as the UNCTAD and the UNCTC, which is evidenced in the unprecedented developing country participation in the Uruguay round of the GATT. In terms of investment, the UNCTAD, the forum which had given rise to the demands for an NIEO, and which had "spent decades tut-tutting about these firms and drawing up codes of conduct to control them, now spends much of its time advising countries how best to seduce them".  94  This increasing acceptance of fundamental norms is a function of a globalising economic ideology. However, the heterogeneity of membership of these organisations also raises new areas of contention. The Uruguay round also demonstrated that fundamental debates may crystallise along a north-south divide, given the split between mainly the OECD countries and the developed countries, led by Brazil and India, over services trade and intellectual property rights.

The second issue relating to institutions is to determine precisely to what extent the two "levels" of private and public law institutions are becoming integrated. The example given above was of the parallel discussion of public procurement in the Uruguay round of the GATT at the same time that the UNCITRAL Model Law Incorporating Services Procurement Procedures was promulgated. A quantitative assessment of the work of the main commercial institutions needs to be undertaken to determine he extent of this overlap. Qualitatively, it may be speculated that there will be a greater integration of these levels as the issues to be contended with grow in number and complexity. Rudolf Dolzer had the foresight to suggest in 1982, that "a renewed effort to establish an international agency supervising and directing the existing ones (along the lines of the ill-fated International Trade Organisation) will therefore become the subject of intense discussion in the future".  95  The recently created World Trade Organisation may fill this mandate. One could venture to suggest that, to be successful, it will have to take on a coordinating role, and to incorporate not only state actors, as did the GATT, but associations of the commercial community that have been working on the creation of rules in areas that now fall within the remit of the WTO.


 94. Contractor, F.J, "Do Government Policies Toward Foreign Investment Matter?", Rutgers University, GSM Working Paper, No.90-15, July 1990.

 95. Mustill, op. cit., p.181.


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