The concept of state sovereignty is increasingly challenged by a proliferation of international economic instruments and major international economic institutions. States from both the south and north are re-examining and debating the extent to which they should cede control over their economic and social policies to achieve global economic efficiency in an interdependent world. International lawyers are seriously rethinking the subject of state sovereignty, in relation to the operation of the main international economic institutions, namely the WTO, the World Bank and the International Monetary Fund (IMF). The contributions in this volume, bringing together leading scholars from the developed and developing worlds, take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty. The first part looks at the issues from the perspectives of general international law, international economic law and legal theory. Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases. Part four focuses on the domestic and international effects of international financial intermediaries and markets. Part five explores the tensions and intersections between the international regulation of trade and investment, international human rights and state sovereignty
Editorial Reviews
Review
“Part One is excellent reading for anyone interested in the contemporary debates about sovereignty in public international law. A full range of theories is offered, from far-reaching proposals arguing for a “constitutional” approach to international law, to a reaffirmation of sovereign rights and finally to a thought-provoking dismissal of the whole debate. All four papers offer original insights…The collection will make for fine reading for international law scholars.” –William F. Flanagan, Queens Law Journal Vol 34, 2009
“The book is an excellent piece of work. It clearly constitutes a valuable contribution to the analysis of the various conceptual aspects of sovereignty placed in the context of a globalised trade system a “must-have” book” –Marios Koutsas, University of Essex, International Trade Law and Regulation Volume 15, Issue 5, (2009)
“Redefining Sovereignty in International Economic Law is an invaluable introduction to the current debate that surrounds the conceptualisation of sovereignty, and is a helpful guide into finding relevant sources on the subject.” –Bernadita Saez Rozas, The Singapore Year Book of International Law Volume XII 2008
About the Author
Wenhua Shan is a Ministry of Education Changjiang Chair Professor of International Economic Law and Assistant President of Xi’an Jiaotong University, China, Senior Fellow, the Lauterpacht Centre for International Law at the University of Cambridge, UK, and Professor of Law, University of New South Wales, Australia. He also serves as the President of the Commission for the Selection and Disciplining of Judges and Prosecutors of Shaanxi Province, and Vice President of the China Society of International Economic Law.
Penelope Simons is an Associate Professor of Law at the University of Ottawa, Canada
Dalvinder Singh is an Associate Professor of Law at the University of Warwick, UK.
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