SHIFTING SANDS IN THE INTERNATIONAL ECONOMIC SYSTEM: “ARBITRAGE” IN INTERNATIONAL ECONOMIC LAW AND INTERNATIONAL HUMAN RIGHTS

摘要

International economic law is in the middle of rapid sea changes，arising from converging demands for deep reform on all fronts. These reforms range from current initiatives to recast the orthodox substantive guarantees of foreign market access, investment protection, prudential regulation and financial stability to states，choices between paths of unilateralism, bilateralism, regionalism， multilateralism, or some hybrid multi-speed variation between gradualism and compliance with economic commitments. They also include the formulation of different proposals to revise the dispute settlement mechanisms in world trade law, to rewrite the terms of investor-state dispute settlement，and to harden a definitive dispute settlement process for states ’ international financial obligations. Beyond these main threads of reform, however, international economic law is also increasingly challenged to meet frontier regulatory challenges, such as those arising from new disruptive technologies in the “sharing economy ” and their implications for ensuring fair competition through cross-border anti-trust laws.