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Public Policy in International Economic Law

Diane Desierto

Published in print February 2015 | ISBN: 9780198716938
Published online April 2015 | e-ISBN: 9780191785634 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198716938.001.0001
Public Policy in International Economic Law

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States rejected inequality when they chose to ratify the International Covenant on Economic, Social, and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States’ international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR in State decision-making in international trade, finance, and investment systems. Differentiating between public policy mechanisms and institutional mandates within international trade, finance, and investment, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfill economic, social, and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of reconciling social protection objectives under the ICESCR with the State’s international economic treaty obligations, from the prism of international cooperation and interpreting treaty texts, up to the institutional monitoring and empirical analysis of the State’s ICESCR compliance. This book differentiates between applicable public policy options in trade, finance, and investment, taking into account around five decades of States’ implementation of social protection commitments under the ICESCR; normative developments led by the UN Committee on Economic, Social, and Cultural Rights (CESCR) and the CESCR’s expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional and interpretive communities within international trade, finance, and investment law. This book explicates the argument that States’ ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Keywords: ICESCR compliance; State decision-making; international trade; finance; investment; social protection objectives; public policy options

Book.  448 pages. 

Subjects: Public International Law ; Company and Commercial Law

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Table of Contents

Keynes v. Hayek in IEL in Public Policy in International Economic Law

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The Role of the State under the ICESCR in Public Policy in International Economic Law

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Conclusion in Public Policy in International Economic Law

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