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This chapter analyses security exceptions in international trade law, focusing on their interpretation and application within the World Trade Organization (WTO) and preferential trade agreements (PTAs). It examines the evolving nature of national security concerns, particularly in cybersecurity, and how these concerns intersect with trade regulations. The chapter discusses the justiciability of security exceptions, the level of deference accorded to states in defining their security interests, and the challenges posed by the expansion of security concerns beyond traditional military domains. It also evaluates the adequacy of existing WTO and PTA frameworks in addressing contemporary security issues, suggesting that further innovations may be necessary to balance trade liberalisation with national security imperatives in the digital age.
Edited by
Rosa Andújar, Barnard College, Columbia University,Elena Giusti, University of Cambridge,Jackie Murray, State University of New York, Buffalo
This chapter examines the growing trend towards integration of gender considerations into international trade agreements. It analyses the rationale behind this trend, exploring both rights-based and economic efficiency-based arguments for promoting gender equality through trade. The chapter discusses various approaches to integrating gender provisions, including mainstreaming within functional chapters, as well as dedicated chapters, and highlights the variations in focus areas in particular agreements, ranging from economic empowerment to social concerns. It further categorises the roles of women addressed in these agreements, such as employees, decision-makers, mothers, and business stakeholders. The analysis reveals gaps in addressing critical issues like the informal sector and digital inclusion, and underscores the importance of enforceable provisions for effective implementation.
During the tenth through the seventh centuries BCE, the Cypriot Iron Age city-kingdoms were established and Cyprus gradually emerged on the international stage of the ancient Near East within the sphere of the Phoenicians, Assyrians, and Egyptians. According to later tradition, Greek heroes (e.g., Teucros of Salamis) founded most of the city-kingdoms, there was an indigenous stronghold at Amathus, and Phoenicians founded a colony at Kition. Inscriptions support this picture of three distinct population groups resident on Cyprus, each preserving its individual language. Archaeological evidence reveals very little of the Cypriot way of life during these centuries within the settlements; we are chiefly dependent on funerary remains and the evidence from religious sanctuaries; however, the material culture from these sites sheds some light upon the concerns of the inhabitants and how they expressed their diverse identities. The funerary record also reveals the emergence of an elite group who buried their dead in elaborate built tombs – most spectacular are the wealthy so-called Royal Tombs of Salamis. This chapter examines changes in the geopolitical organization and how Cyprus was incorporated within the East Mediterranean during the Early Iron Age, namely through emerging trade with the Aegean and political relationships with the Assyrians.
This broad survey of select Aegean islands and the Greek-speaking coast of western Anatolia reviews the revival of settlements in these areas, after the collapse of Bronze Age civilization. Opening and closing with the imagined vision of this world in Homeric epic, the survey traces the evolution of regional styles in art and architecture, linked to independent polities that developed patterns in self-government that became the Greek polis. Early Iron Age sites, tombs, and artifacts from Euboea, the Cyclades, East Greek islands, the Dodecanese and the mainland areas of Aeolis, Ionia, and Caria are examined against the mythological paradigms of migration and Greek colonization; these regions demonstrate widespread continuity behind the later legends of a wave of Hellenism, and enjoyed close and fertile contacts with neighboring Anatolian cultures such as Phrygia and Lydia. Such relationships fostered innovations in the Archaic period such as the first monumental temples and sculptures in marble, and the evolution of poetic genres, among island and coastal entrepreneurs in collaboration (as well as conflict) with a succession of inland empires, until the Ionian revolt against Achaemenid Persia.
I examine the complexities of maritime connections between China and South Asia created by the entry of multiple states and non-state actors in the Indian Ocean between the thirteenth and mid-nineteenth centuries. Divided into three chronological sections, the chapter first focuses on private traders, shippers, coastal polities, and European colonial enterprises in shaping and regulating commercial activity, diplomatic encounters, and their involvement in cross-regional interaction, exchange and conflict. The networks of traders that criss-crossed the ocean is highlighted. The next section analyses the impact of the seven voyages of Zheng He in the early fifteenth century on restructuring maritime interactions between China and South Asia. The final section centres on two entrepreneurs, one Chinese and one Indian, who utilised British colonial networks to advance their ventures and contributed to the expansion of maritime exchange. The chapter provides new insights into the nature of interactions between China and South Asia when there were no norms or regulations beyond specific coastal polities and regions.
This chapter examines the legal framework of contingent protection measures in international trade, focusing on anti-dumping duties, countervailing duties, and safeguards. It outlines the relevant WTO rules, including the General Agreement on Tariffs and Trade (GATT), and explores the justifications for these measures. These trade remedies, while protectionist, address concerns of unfair trade practices and market disruption. The chapter also addresses the challenges posed by non-market economies and the evolving role of subsidies. Finally, it discusses the economic, political, and geopolitical rationales for contingent protection, highlighting the tension between fairness and efficiency in international trade.
This chapter examines the role of tariffs and quotas in international trade law, focusing on their regulation within the General Agreement on Tariffs and Trade and the World Trade Organization. While often associated with free trade, these legal frameworks primarily discipline rather than prohibit protectionism, favouring tariffs as the more acceptable instrument. The chapter traces the evolution of tariffs as the preferred trade barrier, contrasting them with the general prohibition on quotas. It also discusses the complexities of tariff application, including classification, valuation, and origin determination. Finally, it considers the future of tariffs and quotas, and the challenges of achieving full trade liberalisation without regulatory harmonisation to prevent regulatory arbitrage.
This chapter recasts empire and its constitution and evolution to recover the most expansive of premodern interpolity systems and its charter. It outlines the evolution of the Mongol system, and provides a view of the empire and its dynastic imperium. It re-establishes the framework of the four Chinggisid Uluses as the main interstate system of the pre-modern world. While the Chinggisid törö governed inter-ruler relations, the Chinggisid jasaq formed the most potent laws that ensured the durability, uniformity and consistency of Chinggisid institutions and practices across the imperium. The 1640 Great Code presents an interpolity system, akin to and surpassing Westphalia and its charter, created within the Chinggisid political tradition and törö. Finally, the chapter uncovers one of the most consequential legacies of Chinggisid statecraft that formed the foundation of the modern state system and modern international order – the Chinggisid concept of ejen – the archetype of the concept that Bodin developed as sovereignty.
Edited by
Rosa Andújar, Barnard College, Columbia University,Elena Giusti, University of Cambridge,Jackie Murray, State University of New York, Buffalo
This chapter explores the role and construction of race in Plato and Aristotle’s political philosophy. Focusing especially on Plato’s noble lie and Aristotle’s theory of natural slavery, I argue that both philosophers appeal to racial difference in order to reinforce and justify the differential access of the members of the societies they consider to political power and even freedom. While Plato introduces race into the kallipolis in order to persuade the farmers, craftsmen, and soldiers to accept their political disenfranchisement, Aristotle draws on and racializes existing Greek stereotypes about non-Greeks in support of his theory of natural slavery. Despite the significant differences between their respective accounts of and attitudes towards race, I argue that Plato and Aristotle’s accounts cumulatively show that the classical philosophical tradition was already quite interested not only in existing racial stereotypes and classifications but also in the mechanics of racecraft and the political uses of race.
This chapter examines the historical development of economic thought concerning international trade, tracing its evolution from early barter systems to contemporary theories. It explores mercantilism, classical theories of absolute and comparative advantage by Smith and Ricardo, and neoclassical economics’ focus on consumer preferences. The chapter delves into imperfect competition, introducing concepts like monopolistic power and product differentiation, which led to ‘New Trade Theory’. It also discusses efficiency maximisation, non-discrimination principles like MFN and national treatment, trade in services, and international vertical integration. The chapter concludes by emphasising the significance of reciprocity in trade relations and the role of the WTO in promoting international cooperation and reducing trade barriers.
A typical narrative of the Tang–Song transition depicts a dire process by which the cosmopolitan and expansionist (and thus strong) Tang dynasty (618–907) gave way to the inward-looking (and thus weak) Song. Despite decades of scholarly refutation, this common perception is still very much alive in the popular imagination. This chapter seeks to exploit the progress in recent scholarship that has helped advance our understanding of the new world order after the collapse of the Tang. I examine how a group of scholars and thinkers who represented the new intellectual trend called Daoxue (Learning of the Way) Neo-Confucianism made sense of the new reality. By situating and analysing their writings within the historical contexts that these texts were written and circulated in, the chapter aims to show how the new world order propelled learned individuals to devise new conceptual frameworks for persuading their compatriots that their ideas about foreigners should be adopted to ensure the survival of the Song state. It also considers Daoxue’s lasting influence in terms of providing a philosophical framework for conceptualising foreign relations during subsequent regimes.
Contributing to non-Eurocentric histories of international law beyond modern public international law and its doctrinal antecedents, this chapter sets Southeast Asian maritime law in relation to the history of regional coastal polities. Anchored in the long-term development of regional maritime networks and political centers, early modern Southeast Asian maritime laws incorporated the practices of Southeast Asian mariners. They reflect both the complex Southeast Asian societies and the transnational political economy of their times. In discussing these laws and their historical context, the chapter offers alternative origins for lex maritima and lex mercatoria.
This chapter extends the discussion of discrimination, as well as the exceptional provisions of Article XX of GATT, and incorporates analysis of the WTO Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Measures, and the General Agreement on Trade in Services to describe the scope of constraint on national governments’ regulatory autonomy.
This chapter explores China’s engagement with international law from the nineteenth century to the 1940s. It examines China’s transition from its traditional world view to acceptance of and participation in international law. Despite the encounter with Western powers in the nineteenth century, China maintained its traditional world view. After the Sino-Japanese War of 1894 China began to change its stance, culminating in the establishment of the Republic of China, which embraced international law. Using Confucianism and the concept of tianxia, the chapter examines how Chinese civilization influenced China’s engagement with international law. It also explores how Chinese civilisation contributed to a more inclusive international legal order in the early twentieth century. Ultimately, the chapter aims to demonstrate the continuing relevance of Chinese civilisation in shaping China’s international legal practice and the international legal order as a whole in the twenty-first century.