Trade, law, and development, Volume 3, Number 1, 2011 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Vol. 3, No. 1, 2011
|
|---|---|
| Penerbit | The Registrar : Jodhpur., 2011 |
| ISSN |
0976-2329
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| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| TWAIL: A brief history of its origins, its decentralized network, and a tentative bibliography | This article argues that TWAIL has become expansive, heterogenous, and polycentric dispersed network and field of study. As a field, TWAIL is being continuously re-invented and shaped by new scholars infusing their passion into its central concerns. These scholars are refashioning and contesting what they take as central TWAIL tenets and inventing their own TWAILS. Thus, TWAIL is al discipline in transition, expansion, definition, and internal contestation about the varied agendas of its scholars, all at the same time. | 26-64 |
| How the multi-level democratisation of international law-making can effect popular aspirations toward self-determination | The rule of law provides the idelogical basis for mass decision-making in international lw while the principle of equality opens the door to universal participation in the formulation of laws; no globalisation without representation. The urgency of democratic international legal regime has been made palpable by soaring global inequality. As we demonstrate, a multi-level global governance structure -- a continuum of political engagement from the local to global -- can expand participation beyond the nation-state and improve the likelihood of a more equitable world. | 65-102 |
| Between resistance and reform: TWAIL and the universitality of international law | To further its political engagement with the universal promise of international law, we suggest an explicit methodological turn for TWAIL scholarship that is attentive to international law as a material project. By paying attention to the daily operation of international law at the mundane, quotidian and material plane, we suggest that TWAIL can sharpen its analytical potential and generate at the same time, a praxis of universality. Such a praxis would be capable of troubling the constitution of places and subjects in the name of the international, whilst heightening our sensitivity to the numerous forms of resistance that are already at play as a particular normative project is being institutionalised and administered across the world. | 103-130 |
| TWAIL and the Dabhol arbitration | With respec to TWAIL itself, it is suggested that the perspective provides a useful reference for organizing critique. However, it is less relevant for the identification of specific options for reform in international arbitration or strategies to encourage, manage, or regulate investment for social ends. In this respect, TWAIL might benefit from the incorporation of more applied and technical study alongside its guiding principles and framework for critique. | 131-163 |
| Transnational business and environmental harm: A TWAIL analysis of home state obligations | Transnational corporate conduct that negatively impacts of the environmental human rights of local communities is widespread in the operations of extractive sector companies. Yet, under principles of internationl environmental law, home states of transnational mining companies are neither obligated nor arguably even permitted to regulate and adjudicate environmental problems in host states. Proposals put forward in developed contry home state to address these problems are often met with the claim that such regulations would be an imperialistic violation of host state soverignity and would create a competitive disadvantage for home state companies. | 164-202 |
| Mutations of neo-liberalism in internasional investment law | Part IV of this article illustrates and discusses how various states that are members of numerous investment treaties have reacted to the expansive interpretations of treaty provision by arbitrators. It also shows how states have reversed their earlier stances when their own interests were affected. As a counter to these neo-liberalist ideals, this article argues that international lawyers with a TWAIL perspective should confront and defeat these non-liberal tenets in the interests of the third world. Further, the developing countries as a whole, should put forth a collective stand and be united in their opposition to investment treaties which would otherwise engender them to surrender their control over their natural resources. | 203-232 |