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xii | |
Preface |
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xiii | |
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Table of Treaties and Conventions |
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xvi | |
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xxiii | |
WTO Cases |
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xxviii | |
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xxxv | |
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1 | (16) |
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I Making the System Work for the South: Embedded Neoliberalism |
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4 | (3) |
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A Developing Countries Use the WTO to Gain Access to Markets in the North and South |
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4 | (1) |
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B Developing Countries Use Trade Remedies and Other Flexibilities to Protect Domestic Industries |
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5 | (1) |
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C In Practice, the Dispute Process Enables Developing Countries to Temporarily Adopt Policies That Contravene the Rules |
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6 | (1) |
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D Developing Countries Have Successfully Blocked Extension of the Rules |
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6 | (1) |
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II Is the Truce About to Be Broken? |
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7 | (4) |
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A Trade Policy Changes in the Face of Resurgent Chinese State Capitalism |
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8 | (1) |
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B Investment Law Is Unsettled |
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9 | (1) |
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C Restricted by IEL, the Social Safety Net Fails to Offset Shocks |
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10 | (1) |
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11 | (6) |
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A A New Political Economy of Development? |
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11 | (1) |
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B Alternative Global Governance Paradigms? |
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12 | (5) |
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2 Cooperation Narratives and Theoretical Divergences |
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17 | (17) |
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I A Discourse of South-South Cooperation: Investment for Development, Respect for Sovereignty |
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17 | (6) |
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II Theoretical Debates on the Relationship between Development and Trade |
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23 | (10) |
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A Brazil: A Grand Debate over Trade in a Time of Economic and Political Crisis |
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23 | (2) |
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B China: State Planning Wins against Liberalism Overtures |
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25 | (2) |
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C India: Developmentalism Priorities, Liberal Aspirations |
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27 | (3) |
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D Africa: Forging its Own Trade and Development Experimentation at Last? |
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30 | (3) |
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33 | (1) |
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3 Developing Countries' Love-Hate Relationship with Neoliberalism |
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34 | (41) |
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I A Partial Rejection of the WTO Trade Ordering |
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38 | (10) |
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A Increased Institutional Participation |
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38 | (1) |
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1 Expansion of the Green Room Process, Emergence of Developing Country Coalitions |
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38 | (2) |
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2 Alignments and Competition in WTO Dispute Settlement |
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40 | (2) |
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B Using Flexibilities within Existing Rules |
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42 | (4) |
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46 | (1) |
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D Blocking the Adoption of New Rules |
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47 | (1) |
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II International Investment Protection: Adhesion at a Cost |
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48 | (25) |
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A Studies Question the Effect of BITs on FDI Flows |
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50 | (4) |
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B Investor-State Dispute Resolution: Too Much of a Good Thing? |
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54 | (3) |
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C More than Was Bargained for: Concerns about Regulatory Autonomy |
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57 | (4) |
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1 The Rise of the Regulatory State versus the Expansion of Indirect Expropriation Claims |
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61 | (4) |
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2 Conflicts between Social Policies, Human Rights and Investment Protection |
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65 | (3) |
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D Attempts to Use Flexibilities in the Investment Regime |
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68 | (1) |
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1 Non-preclusion Measures |
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68 | (3) |
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2 Leveraging Multiple Fora |
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71 | (2) |
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73 | (2) |
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4 Seeking a New Balance of Rights and Obligations in International Investment Law |
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75 | (61) |
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I Redefining Investment and Investor |
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77 | (11) |
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A Circumscribing the Scope of Investments Qualifying for Protection |
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78 | (1) |
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78 | (2) |
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80 | (1) |
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81 | (1) |
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82 | (1) |
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83 | (1) |
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B Defining Foreign Investors |
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84 | (1) |
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84 | (1) |
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85 | (1) |
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86 | (1) |
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86 | (1) |
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87 | (1) |
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II Defining and Constraining Investor Protections |
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88 | (25) |
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89 | (1) |
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89 | (2) |
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91 | (3) |
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94 | (1) |
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95 | (1) |
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96 | (1) |
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B Expropriation and Compensation |
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97 | (1) |
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97 | (2) |
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99 | (1) |
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100 | (1) |
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101 | (1) |
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102 | (2) |
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C Extending or Creating Carve-Outs and Exceptions |
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104 | (1) |
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104 | (1) |
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104 | (3) |
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107 | (1) |
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108 | (1) |
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109 | (1) |
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D Investor and Home State Obligations |
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110 | (1) |
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110 | (1) |
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111 | (2) |
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113 | (1) |
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III Preserving Domestic Judicial Power and Reforming Investor-State Arbitration |
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113 | (11) |
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A Limiting Access to Arbitration by Investors |
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114 | (1) |
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115 | (3) |
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118 | (2) |
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120 | (1) |
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B Moving Away from the Pro-Investor Bias in Arbitration |
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120 | (1) |
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121 | (1) |
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122 | (1) |
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123 | (1) |
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C Diplomatic Recourses and Domestic Remedies |
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124 | (8) |
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1 Domestic Remedies: the Examples of South Africa and Indonesia |
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124 | (1) |
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2 Return to Diplomatic Protection? The Case of Brazil |
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125 | (3) |
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3 Limitations of State-Centric Dispute Resolution |
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128 | (4) |
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IV Conclusion: Lessons from Emerging Economies |
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132 | (4) |
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5 Emerging Economies, Developmental Strategies and Trade Standards: the Search for Alternative Space |
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136 | (51) |
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I Globalization and the Potential for Export-Led Growth |
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137 | (1) |
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II Developing Country Strategies |
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138 | (3) |
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III CPTPP-Type Provisions in Contrast to State Developmentalism |
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141 | (32) |
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A Regime-Altering Provisions |
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142 | (1) |
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1 Industrial Policy Restrictions |
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142 | (12) |
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154 | (6) |
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160 | (4) |
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164 | (1) |
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164 | (4) |
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168 | (3) |
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C Conclusion: What Cost for State Developmentalism? |
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171 | (2) |
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IV Forum Shifting: Emerging Powers' Drive to Create Regional Economic Integration Spaces |
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173 | (11) |
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A Toward a China-Led Asian Integration? ASEAN, RCEP, BRI |
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173 | (4) |
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B Prospects for Regional Integration in Latin America |
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177 | (1) |
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178 | (1) |
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179 | (1) |
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C (Re)-Building an African Integration? |
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180 | (4) |
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184 | (3) |
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6 Emerging Economies and the Future of the Global Trade and Investment Regime |
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187 | (26) |
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I Emerging Powers Pushing the Boundaries of IEL |
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188 | (2) |
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II The Crisis of the World Order and the Fate of Embedded Liberalism |
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190 | (7) |
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A The End of U.S. Hegemony |
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191 | (1) |
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B Autarky as an Alternative to Hegemonic International Economic Governance |
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192 | (1) |
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C Anarchy as an Alternative to Hegemonic International Economic Governance |
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193 | (4) |
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III Pluralism as the New Normal |
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197 | (11) |
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199 | (1) |
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199 | (5) |
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204 | (1) |
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205 | (3) |
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C Economic Interdependence in a Plural World Order |
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208 | (1) |
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IV Emerging Economies, Pluralism and the Future of International Economic Law |
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208 | (5) |
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A Abandon the Idea of Separate International and Domestic Spheres for Regulation |
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210 | (1) |
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B Eliminate the Presumption That Trade Trumps Non-Trade Concerns |
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210 | (1) |
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211 | (2) |
Bibliography |
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213 | (17) |
Index |
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230 | |