Abstract

International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.

Highlights

  • International Economic Law (IEL) is the branch of international law that includes trade law, investment law, global banking and finance law, development lending and crisis lending and international commercial law

  • To some extent, addressed inequality between states, inequality within states has largely been ignored; only recently has the field struggled to take into account the extent to which inequalities within states are influenced by laws and policies set at the inter-state level1

  • This essay, part of a larger interdisciplinary working group on inequality, seeks to introduce the reader to the way inequality questions present themselves in international economic law, to some of the current thinking within the field on how to address inequality, and what international economic law can contribute to the larger inquiry into inequality and its drivers, and to broader societal efforts at remediation

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Summary

Introduction

International Economic Law (IEL) is the branch of international law that includes trade law, investment law, global banking and finance law, development lending and crisis lending and international commercial law. For IEL as for many disciplines, a crucial question is whether engagement with the global economy as currently regulated increases or reduces national, international and global inequalities If it is increasing inequality in any dimension, where does the fault lie: in the laws and policies of global economic regulation, in domestic economic laws and policies, in the quality of domestic political institutions generally, or all three? Round of World Trade Organization (WTO) trade negotiations was founded to address inequality (i.e. WTO rules are not “fair” to developing countries, i.e. the trading rules are not equal and unequal in the right ways), but has foundered on the problem of inequality as well: are states like India or China as “unequal” as they claim to be when it comes to the treatment they claim they need/deserve, and who decides? E.g., (Jones 2010) “While the United States and EU blamed primarily each other for the collapse, it was clear that India, in particular, was unwilling to negotiate further without major cuts in U.S farm subsidies.”

The Global Context for Addressing Inequality
The Global Inequality Problem
A Paradigm Shift for Addressing Inequality
Findings
Conclusions
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