New (Paradigms In) International Economic Law

Since the birth of the Journal of International Economic Law (JIEL) in 1998, the foundations of international economic law have undergone multidimensional changes. Emerging political and economic challenges have shaped international economic law into becoming inherently dynamic;not only have new frameworks developed for analyses of international economic relations, but novel social and environmental aspects of government policy now also fall within the field's ambit. These challenges have shaken the normative foundations of international economic law and new paradigms in this field of law have emerged. Recent developments addressing matters ranging from the climate crisis to the coronavirus disease 2019 pandemic signify a turn in the WTO from negotiating trade rules to addressing pressing concerns facing humankind. When JIEL was first established, civil society renewed its calls for the inclusion of social and environmental concerns in so-called 'trade and horizontal ellipsis ' policies. Today, the interlinkages between trade and other issues form an integral part of the international trading system. These new challenges and shifts in economic policy bring (some) traditional understandings of international economic law into question, and challenge the various normative underpinnings of international economic law in three ways: first, in the rise of novel approaches to international economic norm creation;second, in the expansion of subject areas covered by international economic rules;and third, in the steady disintegration of the traditional binaries, such as those between hard and soft law, between public and private actors, and between human rights and investment. These three changes have further provoked the development of analytical frameworks to study these norms. The eclectic and wide-ranging contributions in this special issue offer insightful critiques and provocative challenges to the community of international economic law actors facing unprecedented problems as the Journal celebrates its twenty-fifth anniversary.

igo s' Initiatives as a Response to Crises and Unforeseen Needs

This article aims at reviewing the practice of 'initiatives' by Intergovernmental Organizations (igo s) when responding to crises or the unforeseen needs of their respective memberships. It forms part of a broader research project on the role of igo s in international law where more than 100 initiatives were identified so far, focusing on 14 igo s. The notion of an igo's initiative, conceptualised as activities of the Executive Heads and the secretariat's staff that enhance the remit of an organization beyond those functions initially or formally envisaged by its constituent instrument, is examined. A descriptive analysis of over 30 initiatives indicate that they may be successful in addressing modern unforeseen challenges, whether they stem from international emergencies, climate change, dynamic technological advancements, or global health crises such as the covid-19 pandemic- especially when such initiatives are accepted and supported by igo s' members. © 2022 Koninklijke Brill NV incorporates the imprints Brill, Brill Nijhoff, Brill Hotei, Brill Schöningh, Brill Fink, Brill mentis, Vandenhoeck Ruprecht, Böhlau Verlag and VR Unipress.

The role of the WTO in the global response to the CoviD-19 pandemic

The WTO and international trade have proven more important than ever during the COVID-19 pandemic. Indeed, without the delivery of food, medicines, masks and vaccines through commerce, the pandemic could not be contained. The WTO basic principles - transparency, non-discrimination, the prohibition against border restrictions, disciplines on subsidies to industrial and agriculture products, to name a few, and in particular the WTO monitoring system have helped countries collaborating and coordinating their actions to contain the pandemic and mitigate trade and global supply chain disruptions on essential goods. In addition, during this crisis, the WTO Secretariat and its Director-General assumed enhanced responsibilities to assist Members with their extraordinary needs. The WTO became the global forum for Members' coordination of border and internal trade-related actions, for the debate on intellectual property and the request for waiving patent protections on vaccines, while playing an active role in stimulating the expansion of vaccine production capacity in developing countries. This article contends that the response of the WTO has augmented and legitimatized its role as a global governance forum. © Koninklijke Brill NV, Leiden, 2021

COVID-19 and International Trade: The Role of the WTO in Fighting the Pandemic and Building Back Better

The COVID-19 pandemic has presented one of the most significant global challenges in recent times. Movement restrictions to contain the spread of the virus led to supply-chain disruptions and shortage of essential products and services in many parts of the world. Many countries responded with trade restrictive measures to safeguard supply of essential goods for their population. However, this was also accompanied with a growing realization that global challenges require global solutions. The WTO provided a forum for international cooperation, allowing Members to coordinate their trade policies, and discuss further steps needed to fight against the pandemic. Now, with several vaccine candidates having been approved for use, the most pressing challenge is to ensure equitable and speedy access to vaccines. The WTO has an important role in this, from ensuring that trade actions are not used to pose a barrier to affordable and good-quality vaccines, to increasing vaccine production capacities in developing countries, and strengthening vaccine supply chains for quick delivery even in remote locations.