Hostname: page-component-848d4c4894-5nwft Total loading time: 0 Render date: 2024-05-29T01:53:24.835Z Has data issue: false hasContentIssue false

Governing Global Capitalism: A Lawyer's Perspective

Published online by Cambridge University Press:  29 September 2023

Nicolás M. Perrone*
Affiliation:
Professor of Economic Law, Universidad de Valparaíso, Valparaíso, Chile

Extract

In April 1959, editor-in-chief of Time magazine, Henry Luce, spoke vehemently to the World Congress of the International Chamber of Commerce, encouraging business leaders “to unite [their] energies on something which is really fundamental—fundamental to civilization and economic progress. That something is the advancement of the rule of law.” Together with lawyers, business leaders had “the responsibility to see that the rule of law prevails in every corner of the business world.” Luce insisted that international trade needs “legal certainty” and business leaders would do better by focusing less on “certain rules and regulations” and more on “basic and universal rules under which all business could prosper.” One of the proposals he asked the audience to endorse was German banker and politician Hermann Abs's Magna Carta (a formative proposal to enact what is known today as investor-state dispute settlement, or ISDS).

Type
Roundtable on Capitalism and Global Governance
Copyright
© 2023 The President and Fellows of Harvard College

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

39 Henry Luce, “Peace through Law,” speech before the International Chamber of Commerce, 1959 Washington Congress, in “Society to Advance the Protection of Foreign Investments, Convention on Investments Abroad with Comments, Speeches and New Literature,” Publication No. 3 (Bergisch Gladbach, 1960): 36–40, 36, 39.

40 See Vandevelde, Kenneth J., The First Bilateral Investment Treaties U.S. Postwar Friendship, Commerce, and Navigation Treaties (Oxford, 2017), 15CrossRefGoogle Scholar.

41 Perrone, Nicholas, Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules (Oxford, 2021), 51CrossRefGoogle Scholar.

42 See Sklair, Leslie, The Transnational Capitalist Class (Oxford, 2000)Google Scholar.

43 Perrone, Investment Treaties, 51.

44 David Kennedy, A World of Struggle: How Power, Law, and Expertise Shape Global Political Economy (Princeton, 2016), 61.

45 Orford, Anne, International Law and the Politics of History (Cambridge, 2021), 10CrossRefGoogle Scholar.

46 Orford, International Law and the Politics of History, 285, 287, 314–317.

47 Following the actors and their networks offers a relatively unexplored line of research. Scranton, Philip and Fridenson, Patrick, Reimagining Business History (Baltimore, 2013), 177, 201CrossRefGoogle Scholar.

48 See Perrone, Investment Treaties, Chapter 2.

49 Beckert, Sven, Empire of Cotton: A Global History (New York, 2015), 164Google Scholar.

50 David Rockefeller, “What Private Enterprise Means to Latin America,” Foreign Affairs 44, no. 3 (1966): 403–416.

51 Heidenreich, Martin, “The Social Embeddedness of Multinational Companies: A Literature Review,” Socio-Economic Review 10, no. 3 (2012): 549–579CrossRefGoogle Scholar.

52 Quinn Slobodian highlights the importance of this project for business associations and neoliberal intellectuals. Slobodian, Globalists: The End of Empire and the Birth of Neoliberalism (Cambridge, MA, 2016).

53 Robin Broad and John Cavanagh, “Poorer Countries and the Environment: Friends or Foes?” World Development 72, issue C (2015): 419–431.

54 The ICC would have been satisfied had the Havana Conference adopted no further provisions in addition to those quoted above. It was Article 12 that gave rise to the ICC's major apprehensions and criticisms. ICC, “Fair Treatment for Foreign Investments: International Code,” Brochure 129, August 1949, 18.

55 Cited in Ridgeway, George L., Merchants of Peace: The History of the International Chamber of Commerce (Boston, 1959), 194Google Scholar.

56 Goldberg, Paul M. and Kindleberger, Charles P., “Toward a GATT for Investment: A Proposal for Supervision of the International Corporation,” Law and Policy in International Business 2 (1970): 295Google Scholar; Francesco Petrini, “Capital Hits the Road: Regulating Multinational Corporations during the Long 1970s,” in Contesting Deregulation: Debates, Practices and Developments in the West Since the 1970s, ed. Knud Andresen and Stefan Müller (New York, 2017), 185–198.

57 Perrone, Nicolás M., “Bridging the Gap between Foreign Investor Rights and Obligations: Towards Reimagining the International Law on Foreign Investment,” Business and Human Rights Journal 7 (2022): 375396CrossRefGoogle Scholar.

58 See, e.g., Ruggie, John G., Just Business: Multinational Corporations and Human Rights (New York, 2013), 78Google Scholar.

59 Surya Deva, “From Business or Human Rights to Business and Human Rights: What's Next?,” in Research Handbook on Human Rights and Business, ed. Surya Deva and David Birchall (Cheltenham, UK, 2020), 1, 5–6.

60 “Instrumental and structural power undoubtedly play a role; however, [d]iscursive power, and the legitimacy to which it potentially gives rise, is the political ‘prize’ global corporations seek because it facilitates the creation of a world in the image of their interests.” Mikler, John, The Political Power of Global Corporations (Cambridge, MA, 2018), 49Google Scholar.