Embedded Neoliberalism and Its Discontents: The Uncertain Future of Trade and Investment Law

World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization (Alvaro Santos, Chantal Thomas and David Trubek, eds., Anthem Press 2019).

Northeastern University School of Law Research Paper No. 349-2019

Univ. of Wisconsin Legal Studies Research Paper No. 1483

12 Pages Posted: 10 Jun 2019 Last revised: 5 Aug 2019

See all articles by Sonia E. Rolland

Sonia E. Rolland

Northeastern University - School of Law

David M. Trubek

University of Wisconsin Law School

Date Written: 2019

Abstract

An era marked by an uneasy truce between developed countries and the developing world is coming to an end. This era, which reached its apogee in the 1990s, could be characterized as “embedded” neoliberalism, where developing countries signed on to an international economic law (IEL) system premised on neoliberal tenets but softened by de jure and de facto exceptions and derogations ostensibly to accommodate developmental needs and policies. Initially, developing countries resisted rules that imposed unwanted restrictions and that limited growth options. But it was the best they could secure at the time so they accepted much of the regime thus creating a temporary truce. With this truce between market-oriented globalization and state-based developmentalism unraveling, we look at how things might evolve and ask if there is another set of relations that would address changing conditions, manage conflicting interests and restore some stability.

Keywords: Trade, Globalization, WTO, World Trade Organization

Suggested Citation

Rolland, Sonia Elise and Trubek, David M., Embedded Neoliberalism and Its Discontents: The Uncertain Future of Trade and Investment Law (2019). World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization (Alvaro Santos, Chantal Thomas and David Trubek, eds., Anthem Press 2019).; Northeastern University School of Law Research Paper No. 349-2019; Univ. of Wisconsin Legal Studies Research Paper No. 1483. Available at SSRN: https://ssrn.com/abstract=3400959

Sonia Elise Rolland (Contact Author)

Northeastern University - School of Law ( email )

400 Huntington Ave.
Boston, 02115
United States
+1 617.37.7331 (Phone)
+1 617.373.5056 (Fax)

HOME PAGE: http://www.northeastern.edu/law/faculty/directory/rolland.html

David M. Trubek

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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