Write On! Call for Submissions: Summer ’17 Issue of Trade, Law and Development

Call for Submissions: Summer ’17

 The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Summer ‘17 Special Issue of the Journal on Recent Regionalism (Vol. 9, No. 1). The manuscripts may be in the form of Articles, Notes, Comments, and Book Reviews.

TL&D aims to generate and sustain a democratic debate on emerging issues in international economic law, with a special focus on the developing world. Towards these ends, we have published works by noted scholars such as Prof. Petros Mavroidis, Prof. Mitsuo Matsuhita, Prof. Raj Bhala, Prof. Joel Trachtman, Gabrielle Marceau, Simon Lester, Prof. Bryan Mercurio, Prof. E.U. Petersmann and Prof. M. Sornarajah among others.

TL&D also has the distinction of being ranked the best journal in India across all fields of law and the 10th best trade journal worldwide by Washington and Lee University, School of Law for five consecutive years (2011-15) [The Washington & Lee Rankings are considered to be the most comprehensive in this regard].

 

For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to us at editors@tradelawdevelopment.com.

 

Last Date for Submissions: February 15, 2017

Accountability Counsel Internships

One of the premier human rights law firms in the country – Accountability Counsel – is looking for students and recent graduates interested in international law, human rights, accountability, dispute resolution, complex negotiations, environmental justice, corporate accountability, women’s rights, and/or international development.

Accountability Council:

assists communities around the world to defend their environmental and human rights. …

and seeks to

hold corporate and institutional violators accountable through our dual approaches: direct support to communities and policy advocacy.

The organization in particular works on behalf of people and communities harmed by internationally-financed projects through community driven and policy level strategies to access justice.

The following opportunities are now open for our Fall 2016 unpaid Fellow and Intern Programs:

  • Law Fellow – San Francisco – 2L and 3L law students or recent law school graduates (within one year of graduation).
  • South Asia Law Fellow – Washington, D.C – 2L and 3L law students or recent law school graduates (within one year of graduation).
  • Policy Fellow – Washington, D.C. – law students, graduate students currently studying policy and/or another related field, or recent graduates (within one year of graduation).
  • Data Analyst Fellow – San Francisco – graduate students and recent graduates (within one year of graduation) in a related field of data or statistics.
  • Communications & Operations Intern – San Francisco – undergraduate students or recent graduates (within one year of graduation).
  • Data Intern – San Francisco – undergraduate students or recent graduates (within one year of graduation).

Any interested students/recent graduates should consult the website for more information.  To apply, students must complete an online application form.

Write On! Trade, Law and Development Call for Papers – Special Issue on Government Procurement (due Feb. 15)

The journal Trade, Law and Development, ranked as the best law journal in India (2012, 2011) and the tenth best law journal in the field of international trade worldwide (2012), has issued a Call for Submissions for its upcoming Special Issue on Government Procurement. Submissions are due by Feb. 15, 2015.

 The Plurilateral Agreement on Government Procurement (‘GPA’) aims to promote transparency, integrity and competition in the purchase of goods and services by government agencies. Preferential treatment for domestic goods and services are envisaged as trade barriers. Participating governments are also required to put in place domestic procedures by which aggrieved private bidders can challenge procurement decisions and obtain redress in the event of inconsistency with the GPA. However, States have political and economic interests in promoting their own small and medium scale industries. Therefore, the attempt to harmonize these objectives raises issues with reference to market access and the benefits of “good governance” under the GPA. These subjects have not received sufficient analysis from mainstream academia yet. Consequently, existing literature is inadequate to effectively equip policymakers to deal with such issues.

The revised GPA entered into force on April 6, 2014 and enabled parties to realise gains in market access to the tune of billions of dollars annually. This Special Issue, currently scheduled for publication in July, 2015, will provide an ideal platform to deliberate on Government Procurement initiatives at the WTO. Accordingly, the Board of Editors is pleased to invite original and unpublished submissions for the Special Issue on Government Procurement for publication as ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’.

Manuscripts may be submitted via e-mail, ExpressO, or the TL&D website. For further information and submission guidelines, please visit the Journal’s website: www.tradelawdevelopment.com. If you have any questions, please contact the editors at editors[at]tradelawdevelopment[dot]com.

The World Cup Spotlight (Part 1): At What Cost?

 

Graffiti by Paulo Ito (photo credit)

Graffiti by Brazilian artist Paulo Ito (photo credit)

 

The cost of hosting the World Cup has made headlines in recent years. When South Africa hosted in 2010, it spent roughly $3 billion to put on what was at the time the most expensive World Cup in history. Brazil, however, has taken spending to a new level; it is estimated that the Cup will cost the country at least $11 billion. Russia, host of the Cup in 2018, has announced plans to spend approximately $13 billion. These amounts are dwarfed, however, by the predicted cost for hosting the 2020 World Cup in Qatar – a staggering $200 billion.

Add to these totals the profit that non-profit FIFA (Fédération Internationale de Football Association, the governing body for international soccer) makes from each tournament (approximately $1.4 billion in TV and marketing rights alone in 2006 – all tax-free by FIFA requirement), and the protests that have been ongoing in Brazil for over a year are unsurprising. Initially the Brazilian government stated that no money for the World Cup would come from public coffers, but construction delays and overspending resulted in $3 billion being diverted from various public programs, including those focused on indigent relief. Many Brazilians have responded by protesting in the streets, calling for more money towards healthcare, education, and affordable housing, and less money toward the many stadiums that were built specifically for the World Cup.

Arena da Amazônia (photo credit)

Arena da Amazônia (photo credit)

In fact, there are at least two brand-new stadiums in Brazil that will likely not be used often once the World Cup ends next month. The first, Estádio Nacional Mané Garrincha in Brásilia, is now the second most expensive soccer stadium in the world (after England’s Wembley Stadium). Despite the fact that nearly ten percent of the World Cup budget was spent on Mané Garrincha, the stadium is likely to remain unused as Brásilia doesn’t have a professional soccer team. Neither does the city of Manaus, where the U.S. team played -and won- its first game last week. Many of the materials needed to build the Arena da Amazônia there were brought in by boat via the Amazon River to this remote city of two million people. Changes to existing stadiums have also proven controversial: Rio de Janeiro’s Maracanã, one of the most famous stadiums in the world, was modified to include more seats where fans used to stand. In a country known for its passionate soccer fans who sing and dance and cheer their way through games, adding seats changes the tenor of the stadium completely.

All of this spending naturally raises the question of whether all this money would have been better spent on social services needed by the more than 20% of the population who live below the poverty line in Brazil than on a soccer tournament whose ticket prices make it difficult if not impossible for many locals to attend. Soccer has historically been an equalizer between the rich and the poor and yet people living in countries hosting the most popular sporting event in the world may be shut out from that experience.

There is no doubt that the World Cup, like any major sporting event, can bring increased revenue from tourism and raise a country’s profile, but at what cost to the people who live there?

 

Write On! McGill International Journal of Sustainable Development Law and Policy

The McGill International Journal of Sustainable Development Law and Policy (JSDLP) is soliciting submissions of case comments. The JSDLP is a student-run, peer-reviewed academic journal based at the Faculty of Law of McGill University in Montreal, Quebec, Canada. The journal provides a forum for the exchange of ideas on the intersection between law, the environment, development and society.

The journal is currently seeking case comments on recent jurisprudence relating to environmental or sustainable development law and policy. Cases may come from any jurisdiction. Comments are generally 5,000 words in length. Submissions from academics, policymakers, practitioners, NGO representatives and graduate-level students are welcome.

Past issues of the JSDLP are available at http://www.mcgill.ca/jsdlp/jsdlponline for your reference.

Deadline for submission of full papers: October 31, 2013

Please send questions and submissions to Audrey Mocle, Case Comment Editor, at audrey.mocle@mail.mcgill.ca.

Write On! Call for Papers: Trade and Climate Change

Trade, Law and Development is a student-edited journal on International Economic Law published by the National Law University, Jodhpur, India. Managing Editor Thomas J. Vaillianeth sends this call for papers for the journal’s upcoming special issue on Trade and Climate Change:

Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a constructive and democratic debate on emergent issues in International Economic Law and to serve as a forum for the discussion and distribution of ideas – with a specific focus on the development perspective of International Economic Law. In keeping with these ideals, the Board of Editors is pleased to announce Trade and Climate Change as the theme for its next Special Issue (Vol. VI, No. 1, Summer 2014).

Climate change is one of the foremost challenges facing the global community today and intersects with international trade in numerous ways. Sustainable development and protection and preservation of the environment are recognized as fundamental goals of the WTO, although its principal objective is to foster international trade. The WTO permits members to avail of exceptions to its principles in order to protect the environment under specific conditions. The on-going Doha Round has further consolidated the WTO’s stance on the environment by launching the first ever multilateral trade and environment negotiations. Moreover, the recent COP-15, Rio+20 and Earth Summit negotiations have given significant impetus towards achieving a global solution to climate change. There is hope that this multilateral dialogue will materialise into a global climate change deal in 2015 under the auspices of the UNFCCC.

This Special Issue, currently scheduled for publication in June, 2014, will provide an ideal platform for deliberation on the relationship between trade and climate change in the run-up to the proposed 2015 global climate change deal. Accordingly, the Board of Editors is pleased to invite original, unpublished submissions for the Special Issue on Trade and Climate Change for publication as ‘Articles’, ‘Notes’, ‘Comments’ and/or ‘Book Reviews’. Preference will be given to submissions that espouse perspectives of developing and under-developed countries.

Manuscripts may be submitted via e-mail, ExpressO or the TL&D website. For further information and submission guidelines, please visit the Journal’s website or contact us at editors[at]tradelawdevelopment.com.

Last date for Submissions: January 31, 2014.

The Right to Development & The Arab Uprisings (Part II)

Neo-liberal Development, Human Rights, and the Arab Uprisings             

Rather than consider the state’s failure to empower, include, and provide, adherents of neoliberal development framed the Arab Uprisings as a revolt against government bureaucracy and rent-seeking. While there may be truth in that, by de-linking the gains of national economic and political elite from an international neoliberal development project, stakeholder states and IFI’s mistakenly exculpate themselves. 

Fittingly, Robert Zoellick, President of the World Bank, attributed Bouazizi’s self-immolation to his frustration with “red tape.” Zoellick advised that Arab states should “quit harassing people and let them have a chance to start some small businesses.” (128) However, at the time of its Uprising, Egypt ranked as the eightieth easiest state in which to start a small business. Either the irony or the dispositive evidence was missed on Zoellick. Myopic focus on institutional governance fails to scrutinize the privileged access to economic opportunities in developing states that thwarts development, democracy, and human rights.

Over the course of three decades of authoritarian rule, the Mubarak regime, comprised of Mubarak himself together with its incumbent economic and political elite, amassed a tremendous amount of the country’s wealth for their personal benefit. The state has acquired thirty-five billion USD in loans, eighty-five percent of which is publicly guaranteed, and none of which benefits the general population. In the course of repaying its loans, more loans flow from Egypt to the West than the other way around. Since the ouster of Mubarak, no attention has been given to remedying this condition. To the contrary, from the democratically elected Muslim Brotherhood and now, within the military regime that has ousted it, these neoliberal policies have become further entrenched. States and IFI’s pledged 15 billion USD to post-Mubarak Egypt within three months of his ouster. However, according to Professor Adam Hanieh of SOAS University, 

“This investment…is premised upon a profound liberalization of the Egyptian economy. They will only be undertaken concomitant with measures such as a deepening privatization (undoubtedly in the form of PPPs), deregulation (initially likely to be connected to the opening up of more sectors to foreign investment), the reduction of trade barriers (connected to access to US and European markets), and the expansion of the informal sector (under the banner of cutting ‘red tape’). They will necessarily involve, furthermore, a rapid expansion in Egypt’s overall indebtedness – tying the country ever more firmly to future structural adjustment packages.” (134)

Although its protests did not develop into sustained mass mobilization, in Jordan, the demand for human-centered development reverberated clearly. While Jordan’s economy ranks thirty-eighth freest in the world and the fourth freest in the Middle East, the majority of its citizens are poor and have weak purchasing power. Its most economically vulnerable population constitute the working poor and do not benefit from these trade privileges. The exclusive concern with growth rates is misplaced in Jordan where trickle-down effects have been dispositive and only a select economic and political elite has access to profitable investment arrangements.

Syria stands out as the exception among its Arab neighbors only for resisting a similar developmental shift until the late 1980s. In 1986, the Syrian regime shifted its social and political alliances from labor to business. In a context of economic stagnation, this shift also marked a slow but gradual reduction in state subsidies for basic goods upon which a significant cross-section of the Syrian population was reliant. By the 2000s, combined with the deleterious effect of policies driven by a new business class with ties to the government, this resulted in greater absolute poverty and social polarization as well as a dramatic increase of the informal sector. According to Professor Bassam Haddad, Director of the Middle East Studies Program at George Mason University,

“the most lucrative new economic opportunities were monopolized by regime loyalists, relatives, or partners…The striking proximity of policy makers to policy takers made rent-seeking and structural corruption extremely efficient, producing a plethora of tailored policies that weakened, fragmented, and taxed the national economy.”  

All the while, the Syrian Regime steered this shift in the name of ‘investment,’ ‘growth,’ and ‘modernity.’ Together with the most severe drought that has caused the forced internal migration of more than 1.2 million Syrians since 2003, social polarization and discontent reached extraordinary levels by the late 2000s, tipping the balance in favor of a mass-based Uprising in rural areas. While this may explain the origins of the conflict, it hardly explains how the Uprising has turned into internal conflict and a regional proxy war, which I will not discuss here.

Remedies

I do not mean to suggest that failure to adhere to the interdependent development approach has caused mass mobilization across the Arab world; that would be rather simplistic. The anecdotal case studies above do, however, illustrate the gravity and enduring relevance of human-centered development. They also show how other states and international institutions are implicated in national struggles. Both lessons are instructive for practitioners, organizations, and analysts concerned with development, democracy, and human rights in the Arab world.

On a national level, states must be able to subvert international economic prerogatives that conflict with their own national goals. By limiting democratization to unfettered markets, IFIs impede the ability of governments to freely determine the use and distribution of their own resources. Worse, they provide incentives for political-business elite networks to benefit from these exclusive arrangements while publicly-backing loans that avoid personal risk. The overlap of local interests and global neoliberal prescriptions has economic and political elite to benefit tremendously even as they professed a commitment to nationalist ideals. (i.e., Syria continued to boast its socialist constitution until 2005 while adopting state/crony capitalism in the best form.) Uncritical approaches to national sovereignty, self-determination, democratization, and participation that are not linked to equitable distribution fail to account for this deleterious pitfall. Equitable distribution must be part and parcel of any developmental formula in countries where inequity has become a recipe for either authoritarianism or chronic instability. Such reform must be internalized within national development agendas as well as within the IFIs themselves, which facilitate these hazardous arrangements. 

Above all, the case studies are a stern reminder of the inextricability of civil, political, and social, economic rights. It is much easier and much simpler to attribute the upheaval in the Arab world to a lack of democratic governance, free and fair elections, an independent judiciary, and police accountability. However, it would be short-sighted to extricate these coercive measures from an international economic system that precludes democratic participation with equity and is contingent upon a truncated state. Under these terms, development must occur in spite of popular will rather than on its behalf. It is telling that after Ben Ali’s ouster from Tunisia, Tunisians opted to loot luxury villas, shops, and supermarkets identified as belonging to the family rather than attack police stations.Human rights practitioners and organizations should bear in mind that expansion of political and civil participation for individuals within government must be interlinked with more meaningful economic self-determination.

These prescriptions are not new. The UN Convention on the Right to Development captured them twenty-three years ago, the Vienna Convention on Human Rights reaffirmed them three years later. Self-determination of individuals, collectivities, and states cannot be overestimated in alleviating these conditions and making central the person and society, not just the person himself. Human rights advocacy should take its cue from those local and regional movements that are viscerally and daily affirming this principle.