Sugar and the Making of International Trade Law ( Cambridge Studies in International and Comparative Law )

Publication series :Cambridge Studies in International and Comparative Law

Author: Michael Fakhri;  

Publisher: Cambridge University Press‎

Publication year: 2014

E-ISBN: 9781316910085

P-ISBN(Paperback): 9781107040526

P-ISBN(Hardback):  9781107040526

Subject: D99 international law

Keyword: 法律

Language: ENG

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Description

Michael Fakhri uses the transnational history of sugar to tell the multilateral institutional history of trade law. Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties. Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties. This book traces the changing meanings of free trade over the past century through three sugar treaties and their concomitant institutions. The 1902 Brussels Convention is an example of how free trade buttressed the British Empire. The 1937 International Sugar Agreement is a story of how a group of Cubans renegotiated their state's colonial relationship with the US through free trade doctrine and the League of Nations. And the study of the 1977 International Sugar Agreement maps the world of international trade law through a plethora of institutions such as the ITO, UNCTAD, GATT and international commodity agreements - all against the backdrop of competing Third World agendas. Through a legal study of free trade ideas, interests and institutions, this book highlights how the line between the state and market, domestic and international, and public and private is always a matter of contest. Part I. Prologue: 1. International institutions as part of the history of agriculture; 2. Histories as context; Part II. The 1902 Brussels Convention and the Beginnings of Modern Trade Law: 3. Free trade as an imperial project; 4. The institutionalization of international trade; Part III. The 1937 ISA, Cuba and the League of Nations: 5. Economic aspects of the League of Nations; 6. Developing a Cuban State and renegotiating American imperialism; Part IV. The 1977 ISA and the Implications of Institutionalization: 7. The postwar institutional landscape; 8. The 1977 ISA as an exemplar of postwar ICAs; Part V. Epilogue: 9. Using the past to open up the future of trade law. '… interesting … should appeal to scholars from a number of disciplines including historians, political scientists and economists.' Alan Swinbank, International Trade Law and Regulation '… this is an excellent contribution to the literature on international trade law. It is remarkable in terms of its rigorous analysis of an important and neglected dimension of its history, the fresh perspective it offers on established conceptions about free trade and in terms of its broader implications for the future of the trade regime.' Anna Chadwick, European Journal of International Law

Chapter

2 Histories as context

An emphasis on institutions

Context as argument

Part II The 1902 Brussels Convention and the beginnings of modern trade law

3 Free trade as an imperial project

The world’s first modern multilateral trade institution

A modern institution

The curious and anomalous Permanent Commission

Histories of international trade, international institutions, and public international law

Geography of interests

USA, Cuba, and Brazil

Java

Rise of the continental European sugar beet

British imperialism and free trade colonialism

4 The institutionalization of international trade

The 1884–5 sugar crisis

Conditions that led to the treaty

Sugar production in the British West Indies

Imperialism and free trade

Shifts in interests and ideas

Coalescing of interests

Countervailing duties, free trade discourse, and the invention of the international trade institution

Institutionalization of free trade colonialism

Conclusion: the treaty’s effects

The sugar trade

Free trade ideas

Part III The 1937 ISA, Cuba, and the League of Nations

5 Economic aspects of the League of Nations

From Brussels to Havana and Geneva

The League of Nations as an international economic institution

League historiography

Economic conceptions of the League

Economic functions of the League

Experience of war and rule by experts

Economic doctrines

Rapprochement

Rationalization

Freer trade

6 Developing a Cuban state and renegotiating American imperialism

The intertwining of Cuban and League history

Transnational sugar interests and imperial negotiations

Cuba’s dependency on sugar

Cuba’s dependency on the US

The rise of a Cuban state

Cuba and the 1920 world sugar crises

Competing Cuban Identities

Cuba and US tariffs

The Chadbourne Agreement

The prelude to international sugar rationalization

The 1925 sugar crisis

The League decides not to get involved

The rationalization of the world sugar market

The World Monetary and Economic Conference and the Cuban Revolution, 1933

The 1937 International Sugar Conference

League and sugar diplomacy

Business nationalism and Cuban diplomacy

The 1937 ISA

A Cuban institution

Defining the free market

Cuban sugar exports

The ensuing trade institution

Regulating the price of sugar

Conclusion

Part IV The 1977 ISA and the implications of institutionalization

7 The postwar institutional landscape

Introduction

Revisiting embedded liberalism

The common account of embedded liberalism

Augmenting understandings of embedded liberalism to include development concerns and institutional diversity

The ITO and development concerns

The ITO and embedded liberalism continue League doctrines

The ITO and embedded liberalism reconfigure League doctrines

The fracture of the ITO

Embedded liberalism fragments into UNCTAD and the GATT

UNCTAD

GATT

ICAs: rapprochement between South–North, agriculture–industry, and US–UK

8 The 1977 ISA as an exemplar of postwar ICAs

Introduction

Situating the 1977 ISA within the ideational history of ICAs

Postwar trade and development policies

International sugar agreements

The law and politics of the 1977 ISA

Sugar as a global exemplar

The free market as constituted by an international institution

Buffer stock politics

The death of ICAs

Conclusion

Part V Epilogue

9 Using the past to open up the future of trade law

Sources and Bibliography

Index

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