Changing Orders in International Economic Law Volume 1

This book looks at the changing global economy through legal phenomena, specifically at the changes in legal orders since the 2000s. This volume scrutinizes the past, present and the future and discusses what the global legal order in economic fields after the Covid-19 pandemic could be like.

These two groundbreaking volumes look at complex legal issues in the changing global economy from the perspective of Asia and/or Japan. Contributors scrutinize the past, present, and future and discuss what the global legal order in economic fields could be like by navigating uncertain and turbulent times.

The books address six main themes: (1) Polarization and diversification of values, progress of regionalism and restructuring of multilateral rules, (2) Full-scale arrival of the digital economy and its impact, (3) Empowerment of private persons/entities, (4) Reconsideration of the concept of "territorial jurisdiction", (5) Law of national security and rule in emergency situations, and (6) Values of Sustainable Development Goals (SDGs) in trade and investment liberalization rules. The book also examines various legal problems under the COVID-19 crisis and suggests how the post COVID-19 global economic order will be from the perspective of Asia and/or Japan.

This comprehensive insight will shed light on the intertwined and complex phenomena of the world economy and allow readers of business law and international law to have a better understanding of this volatile era.

Autorentext

Dai Yokomizo is Professor of Private International Law at the Graduate School of Law, Nagoya University.

Yoshizumi Tojo is Professor of International Economic Law at the College of Law and Politics, Rikkyo University.

Yoshiko Naiki is Professor of Public International Law at the Graduate School of Environmental Studies, Nagoya University.

Inhalt

List of Figures

List of Contributors

Table of International Treaties

Preface

1 Introduction 1

YOSHIZUMI TOJO

2 Change in the International Economic Order: From the Perspective of Political Science

KEISUKE IIDA

3 The Impact of Regional Integration on Global Harmonisation of Private Law

HIROO SONO

4 'Business and Human Rights' from Global and Asian Perspectives

YUKO NISHITANI

5 Resolution of Islamic Financial Disputes under Private International Law in Japan

SHIHO KATO

6 Regional Economic Integration in the Asia-Pacific in the Era of Disintegration

TAKAO SUAMI

7 Judicial Overreach Should Be Guided Rather than Suppressed in Order to Resolve the Appellate Body Crisis: Reflecting on Dworkin's View on Judicial Discretion

KAZUMOCHI KOMETANI

8 International Law Matters: The Legality of Unilateral Embargoes, Suspensions of Air Transport, and Restrictions on Investment by Reason of Pandemic or National Security Considerations, or in Response to Serious Breaches of International Law

KAZUHIRO NAKATANI

9 Security Clauses and Evolving Notions of National Security in the WTO in the Age of 'Securitization of Everything'

TSUYOSHI KAWASE

10 Security Exceptions in International Investment Agreements: The Case of Japan

TOMOKO ISHIKAWA

11 Intellectual Property and National Security

MASABUMI SUZUKI

12 Revisiting Subsidy Rules, after the Global Financial Crisis and COVID-19: Suggestion to Utilize Article VI: 6(c) of the GATT

OSAMU UMEJIMA

13 Mainstreaming Non-trade Concerns in International Trade Law

JUNJI NAKAGAWA

14 International Standardization in the Era of Sustainable Development Goals: Smart Cities, the Circular Economy, and Digitalization

YOSHIKO NAIKI

15 Investment Treaties and Human Rights Violations Outside a Host State: Where and How Should They Be Placed Inside ISDS?

AZUSA KIKUMA

16 Transboundary Environmental Damage

MIDORI NARAZAKI

17 COVID-19 and Compulsory Licensing

AKIKO KATO

Index