The accession and implementation of new generation free trade agreements bring numerous opportunities as well as challenges to Viet Nam, regarding trade, labor and investment. The increasing number of workers abroad puts a pressure on Vietnamese government to support them in new working cultures and environments. The application of chatbot, which has been known to help certain vulnerable groups such as patients, women and migrants could be one of the tools to support Vietnamese migrant workers (...) by providing immediate information, network connection and consultation. Analyzing the results of the qualitative interviews with 11 migrant workers and the group discussion with two sections from three public social media groups and three active informants, the article argues that migrant workers as a vulnerable group who are supposed to be promising users of chatbot due to their great demand and needs, may have a complicated form of trust and expectation in chatbot. (shrink)

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose (...) of this article is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

The past decade has seen major movements and mobilizations against the new crop of bilateral free trade and investment agreements being pursued by governments in the wake of the failure of global (World Trade Organization) and regional (e.g. Free Trade Area of the Americas) negotiations, and the defeat of an attempted Multilateral Agreement on Investment in the 1990s. However, in spite of much scholarly, non-governmental organization (NGO) and activist focus on transnational global (...) justice activism, many of these movements, such as the major multi-sectoral popular struggle over the recently-concluded US-Korea Free Trade Agreement, are hardly acknowledged in North America and Europe. With a shift in emphasis pushing liberalization and deregulation of trade and investment increasingly favouring lower-profile bilateral agreements, this article maps the resistance movements to these latest shifts in global free market capitalist relations and discusses the disconnect between these (mainly Southern) struggles and dominant scholarly and NGO conceptions of global justice and the global justice movement as well as questions of knowledge production arising from these movements. (shrink)

The debate over a possible Free Trade Agreement (FTA) with the United States is complicated to the point that the famous Schleswig-Holstein question seems straightforward by comparison. As a result, the debate has been fragmented into a series of arguments on separate issues, more or less ensuring that it will not reach any satisfactory conclusion.

The United States' pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements to influence and constrain the pharmaceutical coverage programs of its trading partners. Although arguably unsuccessful in the Australia- U.S. Free Trade Agreement (AUSFTA), the U.S. nevertheless succeeded in its bilateral FTA with South Korea (KORUS) in establishing prescriptive provisions pertaining to the operation of (...) coverage and reimbursement programs for medicines and medical devices, which have the potential to adversely impact future access in that country. More recently, draft texts leaked from the current Trans Pacific Partnership Agreement (TPPA) negotiations show that U.S. objectives include not only AUSFTA-Plus and KORUS-Plus IP provisions but also ambitious inroads into the domestic health programs of its TPPA partners. This highlights the apparent conflict between trade goals — pursued through multilateral legal instruments to promote economic “health”— and public health objectives, such as the development of treatments for neglected diseases, the pursuit of efficiency and equity in priority setting, and the procurement of medicines at prices that reflect their therapeutic value and facilitate affordable access. (shrink)

The United States’ pursuit of increasingly TRIPS-Plus levels of intellectual property protection for medicines in bilateral and regional trade agreements is well recognized. Less so, however, are U.S. efforts through these agreements, to directly influence and constrain the pharmaceutical coverage programs of its trading partners. The pursuit of increasing levels of intellectual property protection in successive bilateral and regional trade agreements has been driven, at least in part, by a U.S. desire to achieve standards of (...) protection it anticipated from the TRIPS Agreement, but failed to secure. Despite the conclusion of a global agreement on IP standards that would establish significant protections in countries that had hitherto declined them, the U.S. pharmaceutical industry viewed TRIPS as falling well short of its objectives — particularly in light of the delayed introduction of patent protection in countries that are key suppliers of generic medicines, such as India. (shrink)

This article reviews the practices and differing sets of attitudes North Americans have taken with respect to fairness in international trade and proposes a set of common considerations for ongoing debates about these matters. After reviewing the asymmetrical relations between Canada, the United States, and Mexico and the impact of multilateral trade agreements on bilateral trade between these countries, the article looks at four typical normative views with respect to trade held by North Americans. These (...) views variously emphasize concerns for protectionism, liberal fair play, distributive justice, and dissent in the name of the environment or the working classes. Acknowledging that the debates over what is fair are not likely to be easily resolved, we call for open political processes that allow these debates to proceed, and we identify five common points of reference that might usefully inform these debates. These comprise (1) respect for flexibility, (2) the importance of institutions, (3) greater attention to the commutative justice principles for fair exchanges and corresponding guarantees so that all countries possess basic power to bargain on their own behalf, (4) the need to find fitting balance between local, national, regional, and international trade, and (5) more concern for the ways false pricing and abusive transfer pricing distort international trading relations. (shrink)

Arab countries have adopted market economy principles and pursued policies designed to strengthen their economies. The cornerstone of Arab countries' long-term economic objectives has been to increase trade and support economic growth via regional and global integration. To this end, Arab countries are attempting to broaden their engagement in the multilateral trading system by joining the World Trade Organization (WTO). In addition, some Arab countries entered into trade arrangements with the United States (U.S.) to foster economic development, (...) attract investment, and develop peaceful relationship. These trade agreements carry several implications for local economies. (shrink)

The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed (...) US–Middle East FTA of 2013. The first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA. (shrink)

Todos los Acuerdos de Libre Comercio (ALCs) concluidos recientemente por la Unión Europea (UE) incluyen capítulos sobre Comercio y Desarrollo Sostenible (CDS) donde se recogen compromisos mutuos en materia laboral y medioambiental. Las disposiciones sobre medio ambiente mencionan expresamente los acuerdos multilaterales que cada Parte se compromete a cumplir, como el Acuerdo de París sobre cambio climático. Sin embargo, la falta de un mecanismo de ejecución efectiva en caso de incumplimiento de las disposiciones sobre CDS merma la credibilidad de los (...) compromisos de sostenibilidad. El ALC de la UE con Nueva Zelanda representa un punto de inflexión en esta tendencia, ya que introduce un nuevo modelo de aplicación. Con respecto a los compromisos climáticos, en particular, el ACL incluye objetivos ambiciosos que, unido al nuevo enfoque de aplicación, podrían incorporarse a futuros ALCs de la UE, contribuyendo así de forma importante a la lucha global contra el cambio climático. (shrink)

The purpose of this paper is to examine the labor and environment provisions of the US-Jordan FTA.

This paper examines the implications of the General Agreement on Trade in Services (GATS), the World Trade Organization’s agreement governing trade in health-related services, for health policy and healthcare reform in the United States. The paper describes the nature and scope of US obligations under the GATS, the ways in which the trade agreement intersects with domestic health policy, and the institutional factors that mediate trade-offs between health and trade policy. The analysis suggests that (...) the GATS provisions on market access, national treatment and domestic regulation, which are designed to eliminate ‘regulatory barriers’ to global trade in health services, limit the range of options that state and federal regulators and legislative bodies can employ to regulate the health sector and implement healthcare reforms. As such, the paper identifies the broader social and ethical implications of free trade policy. (shrink)

Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the (...) full implementation of GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements.

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that (...) arises is how to improve trade integration among Arab countries through more effective rules of origin. (shrink)

Following the implementation of the North American Free Trade Agreement (NAFTA), Mexican farmers altered their livelihood strategies to respond to changing market incentives. While many commercial farmers responded to falling maize prices brought on by NAFTA by shifting into the production of vegetables for export, the coping strategies of low-income farmers have been varied, from diversifying income sources through off-farm employment, to migration, to searching for niche markets for new or added-value products. In the Totonocan region of the (...) state of Veracruz, Mexico, many farmers who can no longer earn sufficient income from the sale of maize grain are turning to a byproduct of maize to generate income. The commercialization of totomoxtle, or maize husks, for domestic and international markets has not only enabled farmers to continue to profit from maize production, but it has also encouraged farmers to utilize and conserve criollo maize varieties that serve as important reservoirs of genetic diversity. Moreover, the growing importance of totomoxtle in livelihood strategies has caused some farmers to alter their maize management, selecting for better quality husks rather than for grain production. The purpose of this paper is to understand both the broad impact of NAFTA on the local agricultural economy and its more specific effects on the management of maize in the Zona Totonaca. Participation in international trade can lead to unexpected outcomes, in some cases creating new values for goods with a long history of local consumption. Commercialization of maize husks is likely to be only a temporary solution for the relief of rural poverty. Given the volatility of international markets, the long-term welfare of farmers may depend on the development of more diversified production strategies. (shrink)

Applied general equilibrium models have received considerable attention and scrutiny in the public debate over the North American Free Trade Agreement. This collection brings together the leading AGE models that have been constructed to analyse NAFTA. A variety of approaches to modelling trade liberalization are taken in these studies, including multi-country and multi-sectoral models, models that focus on institutional features of particular sectors affecting multinational firms and rules of origin, and models with some inter-temporal structure. Further, by (...) constructing stylized models, theoretical linkages have been identified that drive numerical results in the larger AGE models. The volume also assesses what can be learned about the likely economic effects of NAFTA from the collection of studies taken as a whole. Areas in need of further study have been highlighted. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

This essay examines the controversy over the attempt to establish rules governing global capital flows in the Multilateral Agreement on Investment (MAI), which became a target of “antiglobalization” activism. Making sense of the activists' concerns about the MAI requires understanding how the emergence of transnational standards in contemporary globalization constitutes an exercise in power. I develop the concept of “network power” to explain the way in which the rise of a single coordinating standard for global activity can be experienced (...) as coercive, as it eclipses alternative standards and abrogates the genuinely free choice among different conventions. Using a network‐power analysis, I reinterpret the controversy over the MAI as a concern about the processes by which neoliberal globalization is being brought about. (shrink)

Megaregional trade negotiations have become the subject of heated debate, above all in the context of the Transatlantic Trade and Investment Partnership and the Trans-Pacific Partnership. In this article, I argue that the justice of the global order suffers from its institutional fragmentation into regime complexes. From a republican perspective, which aspires to non-domination as a guiding principles and idea of global justice, regime complexes raise specific and important challenges in that they open the door to specific (...) forms of domination. I thereby challenge a more optimistic outlook in regime complexes, which paints a positive normative picture of regime complexes, arguing that they enable the enhancement of democracy beyond the state and, consequently, have the potential to reduce the democratic deficit in global governance. By drawing attention to how regime complexes reinforce domination-related injustice, this article contributes an original perspective on megaregionals and to exploring the implications of global justice as non-domination. (shrink)

What should environmentalists say about free trade? Many environmentalists object to free trade by appealing the “Race to the Bottom Argument.” This argument is inconclusive, but there are reasons to worry about unrestricted free trade’s environmental effects nonetheless; the rules of trade embodied in institutions such as the World Trade Organization may be unjustifiable. Programs to compensate for trade-related environmental damage, appropriate trade barriers, and consumer movements may be necessary and (...) desirable. At least environmentalists should consider these alternatives to unrestricted free trade if they do not prevent the achievement of other important moral objectives, can efficiently reduce environmental problems, and institutional safeguards can prevent their abuse. (shrink)

In this paper, I argue that there is no essential inconsistency between a well-constructed free trade policy and environmental sound development. From an examination of the concept of “free trade,” I argue that “free trade” must mean “environmentally sustainable trade.” The argument is conceptual in nature. I argue that free trade must mean trade free of subsidies in which the price of a good fairly reflects the costs of its (...) production. I then argue that environmentally unsustainable commodity trade is in fact “subsidized.” Therefore, the international regulation of this trade would be consistent with the goal of free trade. Moreover, such regulation could promote both environmental conservation and the long-run interest of developing countries. However, ethical and practical considerations demand that these regulations must be structured so that they do not have a negative short-term economic impact on developing countries. A mechanism to implement this policy is suggested. (shrink)

In this article, I offer a methodological analysis of the empirical research on the causal effects of trade liberalisation, and assess whether such studies can be of any use for guiding policy prescriptions in real-world economies. The analysis focuses on the mainstream economic research that has been used to support arguments in favour of trade liberalisation during the last decades. Even though there are empirical results that could be taken as valid evidence for a causal connection between (...) class='Hi'>free trade and economic gains, none of the existing evidence licences trustworthy inferences about the policy effectiveness of trade liberalisation reforms in real-world cases. There are three aspects of the empirical literature that make it highly problematic for making reliable policy inferences: (a) the criteria used to define the notion of ‘free trade’, (b) the background assumptions embedded in the econometric techniques used for estimating causal effects, and (c) the widespread desire among academic economists to attain scientific results in terms of universally valid generalisations. The analysis exposes a worrisome mismatch between, on the one hand, the research aims and outcomes of scientific economics and, on the other, the kind of evidence that would be useful for guiding actual policy deliberations. (shrink)

There is a lot of talk around about Globalisation and its mana-like benefits; indeed, there are many, in areas such as the spread of communication capabilities, social media, and wider distribution of goods in the free trade marketplace that in previous decades were ‘protected’ by exorbitant excise tariffs, licensing restrictions, and low turn-overs. Since Weber, Robertson, Wallerstein, Appadurai, Tambiah et al, there has been much theorizing on the inevitability of Globalisation and its neat corollaries, Free Trade, (...) Liberalisation, Parallel Modernities, and Economic Rationalism. Yet, Globalisation has both its protagonists and antagonists alike. The paper focuses on case studies from the Indian-end, impelled by the question: in what ways has Globalisation benefited and hurt India’s economy, the slow growth and periodic stagnation of its capabilities, the stability of the nation and its people? As part of the reciprocal deal on Liberalisation, Free Trade agreement has enabled myriads of TNCs with to reign in large Western capital-investment and start-up industrial bases, which have undoubtedly helped push India to becoming the third largest world economy. However, the encroachments of TNCs and their impact on agro-economics, biodiversity, the plight of farmers, the further disenfranchisement of numerically small from a share in the national weal, the uneven regional deliverance from poverty, malnutrition, the disproportionate gender-ratio, rural illiteracy among the neglected, and other fall-outs, have worried critics of India’s ‘easy ride’ on the highway of Globalisation. The arguments will be developed extensively with illustrations. (shrink)

It is generally believed by governing political parties, economists, business people and other believers in global market doctrine that those who oppose "free trade agreements" are misled, uninformed and "do not really know what they are protesting against". At the same time, the opponents of these transnational trade-and-investment restructurings have diverse concerns ranging from loss of democratic sovereignty, labour rights and environmental protection of majority-world oppression, the growth of poverty and inequality, and global cultural homogenization. (...) The following analysis integrates the growing multitude of critical attacks on these extra-parliamentary agreements into a systematic anatomy of the latter's underlying structure whose regulating principles are not yet recognised or debated in business, political or economic circles. (shrink)

Since the EU referendum took place in June 2016, the British government’s task to implementing the vote to leave the EU has been monumental. With regard to the future trade relationship with the EU27, the British government has proposed a ‘bold and ambitious’ free trade agreement aimed at the ‘freest and most frictionless trade possible’. The complexity of achieving such an agreement within the limited timeframe available has generated lot of controversy, uncertainty and anxiety. The aim (...) of the paper is to bring some clarity with regard to the challenges ahead. A proper appreciation of these challenges is key in order for a transparent, inclusive and realistic debate about the objectives, features and timeframe of the future UK-EU trade agreement. (shrink)

Since the “The Belt and Road” initiative was put forward in 2013, China's foreign investment growth rate has been greatly accelerated. In The Belt and Road context, many scholars used models to analyze the relationship between foreign direct investment, trade flows, and import and export trade. From literature reviews, it is found that previous scholars do not conform to reality and cannot be studied dynamically. Therefore, this study used the panel data of China's foreign direct (...) class='Hi'>investment and import and export trade in 40 countries along “The Belt and Road” from 2010 to 2019 to focuses on the impact of foreign direct investment on trade flows, import trade and export trade. Regression analysis was carried out with the trade gravity model and Tinbergen's trade gravity model. In addition to model variables and arguments, the following control variables were adopted: exchange rate, natural resource rents, labor force population, differences in consumer ability, trade openness, and trade agreement signing. The results found that: Foreign direct investment has a positive correlation with trade flow and import and export trade. The labor force population has a negative correlation with trade flow, and import and export trade. The expansion of China's economic scale can increase the scale of China's import and export trade, at the same time, the gap in consumption levels between the two countries will restrict the degree of import and export trade. The possession of natural resources can also promote the development of trade. (shrink)

Inclusive trade is taking hold in various forms in international organizations and in the trade policy of national governments. Absent empirical evidence that will take time to generate, it can be difficult to assess the achievements of this new approach to trade. Nancy Fraser's three justice idioms provide a conceptual entry point for evaluating the potential of the inclusive trade agenda. Fraser argues that the contemporary global justice conversation must acknowledge claims for recognition, representation, and redistribution. (...) Applying this conceptualization to the inclusive trade agenda shows that trade agreement provisions intended to favor women and Indigenous peoples go some distance in addressing claims for recognition and representation but accomplish less in remedying injustices associated with maldistribution. Therefore, the inclusive trade agenda does significantly advance global justice for marginalized groups, but works primarily in ways that are political and cultural, not economic. (shrink)

While the Battle of Seattle immortalized a certain image of anti-globalization resistance, processes and agents of contestation remain sociologically underdeveloped. Even with the time-space compression afforded by new information technologies, how can a global civil society emerge among multi-cultured, multi-tongued peoples divided by miles of space and oceans of inequality? This article examines two cases that confronted the U.S. model of global corporate rule: the defeat of the Multilateral Agreement on Investment (MAI), and the Zapatista challenge to the North (...) American Free Trade Agreement (NAFTA). Evaluating cross-border solidarity in these cases encourages critical evaluation of claims about global civil society, the role of the Internet, and the eclipse of traditional politics in a supposedly post-national age. Contrary to orthodox globalization narratives, our analysis suggests that states, nations, and nationalisms remain key elements in contestation processes, at least in the kinds of cases examined. At the same time, transnational networks played an important role in bypassing unfavorable political opportunity structures at the domestic level, and nurtured incipient processes of framing resistance to neo-liberal globalism across national boundaries. (shrink)

With the North American Free Trade Agreement , the health care sectors of the United States, Canada, and Mexico are becoming more economically integrated. NAFTA poses major challenges to the realization of the international human right. These include: Cross Border Trade in Medical Products, Cross Border Trade in Medical Services, and the attendant investment protections, Portability and Comparability of Health Insurance Coverage, and Protection of Public Health Insurance Programs. The United States, Mexico, and Canada all (...) provide public health insurance programs either to the entire population as in Canada or to vulnerable groups as in the United States. In none of these countries have private, for-profit providers and insurers been able to provide universal and affordable health coverage and care in a truly free market. Private insurers and for-profit providers should not profit from the care of the healthy and wealthy in ways that compromise the public programs that serve the poor and seriously ill. Nor should they be allowed to use NAFTA processes to compromise public programs. Policy makers must consider implications of NAFTA and move toward assuring access to affordable health care for all people on the North American continent. (shrink)

Anyone familiar with The Economist knows the mantra: Free trade will ameliorate poverty by increasing growth and reducing inequality. This paper suggests that problems underlying measurement of poverty, inequality, and free trade provide reason to worry about this argument. Furthermore, the paper suggests that better evidence is necessary to establish that free trade is causing inequality and poverty to fall. Experimental studies usually provide the best evidence of causation. So, the paper concludes with a (...) call for further research into the prospects for ethically acceptable experimental testing of free trade's impact on poverty and inequality. Although the paper is unabashedly methodological, its conclusions bear on many ethical debates. Ethicists sometimes argue, for instance, that there is reason to encourage free trade because they believe free trade is decreasing poverty and inequality. Clarifying the empirical facts may not settle ethical debates but it may inform them. (shrink)

In 1538–39 Francisco de Vitoria delivered two relections:De IndisandDe iure belli.This article distills from these writings the topic of free trade as a “human right” in accordance withius gentiumor the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, (...) and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets. (shrink)

Free Trade Reimagined begins with a sustained criticism of the heart of the emerging world economy, the theory and practice of free trade. Roberto Mangabeira Unger does not, however, defend protectionism against free trade. Instead, he attacks and revises the terms on which the traditional debate between free traders and protectionists has been joined. Unger's intervention in this major contemporary debate serves as a point of departure for a proposal to rethink the basic (...) ideas with which we explain economic activity. He suggests, by example as well as by theory, a way of understanding contemporary economies that is both more realistic and more revealing of hidden possibilities for transformation than are the established forms of economics. One message of the book is that we need not choose between accepting and rejecting globalization; we can have a different globalization. Traditional free trade doctrine rests on shaky empirical and theoretical ground. Unger takes a new approach to show when international trade is likely to be useful or harmful to the socially inclusive economic growth that every nation wants. Another message is that the movement of people and ideas is more important than the movement of things and money, and that freedom to change the institutions defining a market economy is just as important as freedom to exchange goods on the basis of those institutions. Free Trade Reimagined ranges broadly within and outside economics. Presenting technical issues in plain language, it appeals to the general reader. It puts a disciplined imagination in the service of rebellion against the dictatorship of no alternatives that characterizes life and thought today. (shrink)

Using food regime analysis, this paper critically analyzes how corporate actors amass, secure and apply power in the global agrifood system through International Investment Agreements (IIAs). IIAs are a key enabler of increasing corporate power in the agrifood system. We focus on three sets of investment provisions in IIAs: (a) the stringent enforceability mechanism of the investor-state dispute settlement (ISDS) system, (b) the expansion of the concept of expropriation, and (c) limitations or prohibitions on host countries to (...) impose performance requirements on foreign investors. We argue that these provisions compromise fairness in the international economic system. Attracted by promises of technology transfer, economic growth and employment, host states often prioritize policies that favor foreign investors even if such policies compromise domestic policy space. We provide analysis and examples of escalating corporate power at different stages of the industrial and transgenic model of agriculture. (shrink)

In his main work, The Science of Legislation , the Neapolitan Gaetano Filangieri proposed a set of extensive political and cultural reforms. These reforms were necessary to free eighteenth-century societies from the remnants of feudal institutions that obstructed international peace and economic growth. Filangieri's ideas were shaped by the international political climate between the seven Years’ War and the eve of the French Revolution. Reinterpreting Montesquieu and Genovesi through the influences of French radical and Enlightenment thought , as well (...) as the economics of Hume, Verri and the Physiocrats, he concluded that European modernity was inherently contradictory.From this perspective Filangieri set out to force a clean break between the technical horizons of mercantilism and enlightened absolutism and a society based on civil rights, a fair distribution of wealth and resources, and free trade. Proper ‘scientific’ knowledge of the rules and principles of legislation would allow governments to balance out the natural and cultural factors that characterise individual states, and to identify the appropriate model for social and economic development. If all states acted on their proper interest, international free trade and peaceful competition between states would emerge and the potential for general economic growth be materialised. Thus, the natural equilibrium and ‘universal consensus’ among nations could be restored. (shrink)

Today, the US pursues the global capture of data (understood as a significant engine of growth) by way of bi- and plurilateral trade agreements. However, the project of securing the global free flow of data has been pursued ever since the dawn of digital telecommunication in the 1960s and the US has made significant legal efforts to institutionalise it. These efforts have two phases: In the first 1970s and 80s “freedom of information” phase, the legal justification (and (...) contestation) of the global free flow of data hinged on imagining data as information, and its exchange as a practice of liberty. The second phase began in the late 1990s and continues today. In this phase, the free flow of data is aligned with a free-trade agenda in the context of first e-commerce and, starting in the 2000s, through attempts at creating a global public domain of personal data for the platform economy. The global free flow of data is an intrinsic aspect of informational capitalism. Assuming a constitutive, but not commanding role for law in informational capitalism, we conclude that the US attempt at ensuring free flow for its informational corporations is neither an entirely contingent nor a necessary outcome. It is a product of legal imagination. (shrink)

Food trade is of economic importance for both developed and developing countries. Food, however, is a special commodity. Firstly, the lack of food -- hunger, under-nourishment, and starvation -- is one of the world's pressing moral problems. But food is not only special because it is necessary for our survival; food is also special because it is strongly related to our social and cultural identity. Two recent transatlantic trade conflicts over food -- over the use of artificial growth (...) hormones in beef production and over the use of biotechnology in food production -- show that food is a specific commodity. In these trade-conflicts, the obligations flowing from free-trade treaties collide with the cultural and social meanings of food. Current international trade agreements neglect this point and force countries to fight their case in the field of food safety science. This causes a bias in the discussion. Europe's resistance towards artificial growth hormones and GM-food is not strictly science based; it is also culture based. For a fair resolution of trade-conflicts, this needs to be accommodated in international trade legislation. With the help of the notion of public reason I defend that precaution with regard to scientific uncertainty, and the possibility for compulsory labelling with regard to sensitive non-nutritional properties of foodstuffs, need to be incorporated in international food trade regulations. (shrink)

Company–community agreements are widely considered to be a practical mechanism for recognising the rights, needs and priorities of peoples impacted by mining, for managing impacts and ensuring that mining-derived benefits are shared. The use and application of company–community agreements is increasing globally. Notwithstanding the utility of these agreements, the gender dimensions of agreement processes in mining have rarely been studied. Prior research on women and mining demonstrates that women are often more adversely impacted by mining than men, (...) and face greater challenges in accessing development opportunities that mining can bring. Nonetheless, there is currently little guidance for companies, government or communities in bringing a gender perspective to the fore in mining and agreement processes. It is undisputed in human development literature that investment in women and sensitivity to gender delivers long-term health, education and local development outcomes. In mining and development, a number of key factors remain unexplored. These include: women’s participation in agreement processes, the gendered distribution of agreement benefits, and the extent to which impacts and benefits influence women’s development and economic inclusion. This paper presents the results of the first phase of an applied research project undertaken by the Centre for Social Responsibility in Mining at The University of Queensland and funded by the Minerals Council of Australia and the Department of Foreign Affairs and Trade. The project sought to connect with experienced practitioners who had been directly involved in mining and agreement processes to document and analyse grounded perspectives on gender dynamics and agreements, and connect those experiences with the broader literature. Findings from this study have implications for the role of mining companies and governments in promoting gender equality and empowerment as part of their commitments to sustainable development. They also have implications for community groups and their representatives in terms of how they might engage in agreement processes to maximise women’s participation and influence. In many social contexts, a key challenge will be navigating the territory of cultural norms and gender equality, particularly in cultures where women’s influence in the public sphere is not strong. The authors argue that without consideration of a gender perspective, including gender’s intersection with other factors such as class, race, poverty level, ethnic group and age, mining agreements will not be inclusive, may exacerbate gender inequalities, and fail to contribute to long-term sustainable development. (shrink)

This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light of economic, (...) social, legal, political, and other conditions. How a company decides to exercise its social responsibilities to the developing world depends on the prospects for a reasonable profit and the prospects for a productive business environment. Developing nations can either help or hinder the pharmaceutical industry’s efforts to exercise social responsibility through various policies and practices. To insure that companies can make a reasonable profit, developing nations should honor pharmaceutical product patents and adhere to international intellectual property treaties, such as the Trade‐Related Aspects of Intellectual Property Rights agreement. To insure the companies have a good business environment, developing nations should try to promote the rule of law, ethical business practices, stable currencies, reliable banking systems, free and open markets, democracy, and other conditions conducive to business. Overall, this paper advocates for reciprocity and cooperation between pharmaceutical companies and developing nations to address the problem of developing drugs for the developing world. In pursuing this cooperative approach, developing nations may use a variety of other techniques to encourage pharmaceutical companies to act responsibly, such as subsidizing pharmaceutical research, helping to design and implement research protocols, providing a guaranteed market, and bulk buying. (shrink)