Suttle, Oisin
(2014)
Equality in Global Commerce:
Towards a Political Theory of
International Economic Law.
The European Journal of International Law, 25 (4).
pp. 1043-1070.
Abstract
Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL
scholarship has had limited engagement with theoretical work on global distributive justice and
fairness. In part this reflects the failure of global justice theorists to derive principles that can be
readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing
coercion-based accounts of global justice in political theory to propose a novel account of global
distributive justice that both resolves problems within the existing theoretical literature and can
be directly applied to both explain and critique concrete issues in IEL, including in particular
WTO law. By complementing existing coercion-based accounts with a more nuanced typology
of international coercion, it distinguishes two morally salient classes of economically relevant
measures: External Trade Measures (ETMs), which pursue their goals specifically through
the regulation of international economic activity; and Domestic Economic Measures (DEMs),
which do not. The distinctive intentional relationship between ETMs and the outsiders they
affect means such measures require more stringent justification, in terms of global equality or
other goals those outsiders themselves share; whereas DEMs can be justified under the principle
of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs)
provide a case study to show how this framework can illuminate recurring problems in IEL.
| Item Type: |
Article
|
| Keywords: |
Equality; Global Commerce; Political Theory;
International Economic Law; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
12320 |
| Identification Number: |
https://doi.org/10.1093/ejil/chu072 |
| Depositing User: |
Oisin Suttle
|
| Date Deposited: |
30 Jan 2020 16:48 |
| Journal or Publication Title: |
The European Journal of International Law |
| Publisher: |
Oxford University Press |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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