THE INTERNATIONAL ECONOMIC LAW REVOLUTION AND THE RIGHT TO REGULATE

Joel Trachtman

The essays in this collection focus on the issue of allocation of authority among states, and between states and international organizations. They analyse various aspects of international legal constraint on the regulatory discretion of states, both substantively and institutionally. They show that in order to achieve important economic goals, the “right to regulate” cannot be unrestrained. Rather, the purpose of all international law is to constrain the sovereign authority of states. So it is important to examine the scope, quality, and institutional structure of the constraint. How can states maintain maximal value of regulatory autonomy, while restricting the use of regulation to close markets? How can institutions be designed in order to provide a nuancedand dynamic approach to subsidiarity? How does international law penetrate the domestic legal system? These essays respond to these questions with insight and analytical rigour.

ISBN 10: 1 905017 20 0

ISBN 13: 978 1 905017 20 1

• Hardback • 2006 • £125.00