In his 1993 Nobel Laureate lecture, the leading theorist of institutional economics, Douglass North, emphasized the relevance of his life's work for economic development policy. Twenty years prior, ...in his book with Robert Thomas entitled 'The Rise of the Western World', North had laid out the theoretical connection between institutional economics and development: economic growth could not occur without efficient institutional arrangements and property rights, and the "rise of the West" could be explained in these terms. In another influential book, 'Institutions, Institutional Change and Economic Performance', published just a few years before he received the Nobel Prize, North had again argued that his view of institutional economics had primary significance for economic development.
This symposium has marshaled numerous insights regarding the emergence of a general field of inquiry within international law on the movement of people. To move into this conceptual terrain has ...required a certain amount of defiance of the conventional wisdom that questions of migration are within the purview of the sovereign state, and a matter of sovereign territorial prerogative. Yet this conventional wisdom manifestly no longer describes the times. There are now a host of limitations under positive international law on the prerogative of states to control rights of noncitizens to entry, residence, and work within their territories; and limitations on states’ rights to exclude or expel noncitizens therefrom.
This Article offers an account of the role of race in global political economy-in particular, how to understand racialization as part of the process by which institutions of economic hierarchy not ...only were created but continue to be legitimated. It offers the conception of race as a technology: the product of racialized forms of knowing, which serve the practical goal of maintaining and legitimating hierarchy, in particular in the context of political economy. The Article begins by considering the monumental scope of related work that has gone before, both within the legal academy and in other scholarly disciplines. It then offers a few narratives of key dimensions of the contemporary global economy-commodity production and labor migration-and a reflection on the international legal doctrines and institutions that maintain these phenomena as indicia of economic inequality. It concludes by considering race as a technology of global economic governance. The conception of race as a technology of global economic governance highlights multiple connections between racialization, law, and global political economy: race as a technology of empirics, in which racial categories purported to be based on empirical knowledge; race as a technology of legal rule, in which laws and institutions helped to shape, as well as enforced, the identity constructs purportedly rooted in empirical knowledge; and race as a technology of economic allocation and production, itself dependent on the knowledge and practice of the technologies of empirics and legal rule, in which one's racial identity has directly influenced one's place in global chains of production and consumption.
International law of migration - theoretical discourses of sovereignty that create current debate over migration law and policy - bases for migrant rights in natural law traditions - predating rise ...of 'plenary power' conceptions of sovereignty - ethics for migration law and policy.
One measure of how and whether the COVID-19 pandemic reshapes the emerging field of international migration law will be the extent to which transnational civil society and activist movements can ...counteract the intensification of state border controls that the pandemic has triggered. Before the pandemic, transnational efforts to establish a new normative framework for migration seemed to be accelerating. These efforts included new, if non-binding, global compacts on refugees and migration, and new, if modest, efforts at facilitating global cooperation, alongside innovative approaches to scholarly engagement. Such developments arguably contributed to an emerging framework for protecting migrants under international law. Has the pandemic defeated this potential? State responses to the pandemic have eschewed multilateralism, brought migration to a near standstill, and ignored well-established human rights obligations. Moreover, states are poised to deploy a range of new border management technologies and even more assertively manage migration in the name of “health proofing” borders. Yet at the same time, some progressive state practices have emerged alongside a call from the UN Secretary-General to “reimagine human mobility for the benefit of all.” In this essay, we chart some areas of potentially progressive expansion beyond the status quo, noting not only the substance but also the process by which these norms are emerging.
Today, millions of migrant workers, some of them caught in debt bondage, some victims of fraud or forced migration, and others simply desperate for a better life elsewhere but instead finding ...themselves working for below subsistence wages or no pay at all, could be called modern-day slaves. Campaigns to end modern-day slavery have taken many forms. Most visibly, what is sometimes called “the new abolitionism,” constitutes a strand of modern antislavery and antitrafficking movements that draws often on the analogy between these workers’ plight and chattel slavery in the Atlantic world.
This essay seeks to show how racialized histories of global political economy have shaped core issues in international economic law. The essay begins by noting challenges to framing the topic of ...racialized “others,” and then turns to the case study of cotton, showing how U.S. domestic production subsidies—long a focal point of international trade law in both formal dispute settlement and agreement negotiations—have affected persons of African heritage in the United States and internationally. The essay concludes by considering the U.S. and international contexts more generally, both to demonstrate where integral structural biases are at play, and to locate areas of contingency and change.
On August 2, 2021, the UN General Assembly unanimously adopted Resolution 75/314, establishing a Permanent Forum of People of African Descent to serve as “a consultative mechanism” to advise the UN ...Human Rights Council on barriers to, and means of achieving, the “full and effective realization and enjoyment” by Afro-descended persons “of all their human rights and fundamental freedoms.” The Permanent Forum constitutes one outcome of the International Decade for People of African Descent declared by the UN General Assembly to commence on January 1, 2015 and conclude on December 31, 2024. It joins a host of institutional initiatives undertaken in the UN human rights system to elaborate a comprehensive framework for combating “the scourges of racism” and realizing the “full political, economic and social inclusion of people of African descent in the societies in which they live.”
Even within national legal systems, the judiciary creates a “countermajoritarian difficulty,” a tension arising from the fact that, while independent judges are deemed necessary to the rule of law, ...they also will produce decisions that are less reflective of popular will.7 Once transferred to the international level, the countermajoritarian difficulty becomes a democratic deficit, which creates pressure on international systems to remain accountable to national political processes.8 This vexed domain also features the political economy trilemma in which economic globalization is not possible if member states seek to maintain both sovereignty and democratic decision-making.9 In Pauwelyn and Pelc's telling, these difficulties, deficits, and trilemmas arose with the WTO—but not directly because of its panels or its Appellate Body. The Contributors Weigh in Influential secretariats have been identified as both a common feature of international decision making, and as a potential threat to their legitimacy.11 While acknowledging that the rise of international secretariats constitutes a feature of contemporary governance, Pauwelyn and Pelc argue that, “even amidst this general trend toward greater delegation of power to legal bureaucracies, the WTO remains exceptional: all things considered, its Secretariat exerts more influence over dispute settlement proceedings than the staff of any comparable state-to-state tribunal.” 18 Akinkugbe and Odeh indicate that the African Court staff wield no control over either the appointment or the remuneration processes of African Court judges, a “critical difference” from Pauwelyn and Pelc's descriptions of the WTO Secretariat; nor do they provide non-legal expert advice.19 Additionally, Akinkugbe and Odeh report that the asymmetries that Pauwelyn and Pelc note in the WTO Secretariat case, in which WTO Secretariat staff often possess deeper legal expertise and also accumulate far greater institutional knowledge than judges, do not pertain to the African Court. 20 González Domínguez contemplates that the human rights focus of the Inter-American Court may explain why more institutional emphasis has been placed on ensuring judicial independence, though he also describes the judicial appointment process as “mainly political and diplomatic.”
40 million American women of marriageable age are single. This approachable essay addresses many of their concerns in a profound and delightful way. Inspired by the authors own experiences as well ...as by 18th century philosophers, and literary and histori.
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