Aggressive legalism
In the context of
Development of aggressive legalism
Following World War II and the Bretton Woods Conference, the United States and the Allied Powers designed a new world economic order, partially emphasizing greater cooperative trade relationships. With the adoption of the General Agreement on Tariffs and Trade (GATT) in 1946 and via its replacement by the World Trade Organization (WTO) in 1995, these countries developed a comprehensive legal framework, that reflected their common legal traditions, to facilitate these relationships, including a system to settle disputes that favored litigation.[7][8]
Somewhat under
However, in the 1980s and 1990s, under both
In 2001, in Aggressive Legalism: The Rules of the WTO and Japan’s Emerging Trade Strategy, Saadia M. Pekkanen described the increasing tendency of the Japanese government's use of the World Trade Organization's (WTO) dispute settlement protocols to counter adverse acts by its trading partners as aggressive legalism. Aggressive legalism, she argued is “a conscious strategy where a substantive set of international legal rules can be made to serve as both ‘shield’ and ‘sword’ in trade disputes among sovereign states.”[7][8]
Modern aggressive legalism
In a policy primer for the
United States
The
Asia
Following the succession of
References
- ^ a b c d Choi, Won-Mog (September 2009). "Aggressive Legalism In Korea". Journal of Economic Law: 595–615.
- ^ S2CID 155540316.
- ^ a b c Gao, Henry; David Lewis (November 2005). "Aggressive Legalism: The East Asian Experience". Cameron May Publishers.
- ^ a b c Nagakawa, Junji. "No More Negotiated Deals?: Settlement of Trade and Investment Disputes in East Asia". Journal of International Economic Law. Archived from the original on 15 April 2013. Retrieved 25 March 2012.
- ^ Feffer, John (12 March 2009). "Japan's Grand Strategy". IP News Asia. Archived from the original on 4 September 2011. Retrieved 27 March 2012.
- ^ Singh, Prabhakar (2007). "From Narcissistic Positive International Law to Universal Natural International Law: The Dialectics of Colonial Disputes". Sri Lanka Journal of International Law. 19 (1).
- ^ .
- ^ a b c d e f Masaki, Hisane (21 August 2005). "China and the Legacy of the Plaza Accord". The Asian Times. Archived from the original on 12 December 2005. Retrieved 27 March 2012.
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: CS1 maint: unfit URL (link) - ^ "The Policymaker's Library: Asia Policy" (PDF). The National Bureau of Asian Research (7): 159–89. January 2009.
- .
- )
- ^ Verghese, Aditi (2010). "The Evolution of China as a WTO Disputant" (PDF). Trade Law Brief: University of Bhopal, India. Retrieved 27 March 2012.
- .
- ^ Kobayashi, Jirokazu (2004). "The Future of Japan's Trade Policy Regarding Bilateral Trade Disputes - Thoughts on the Enactment of "The Damages Recovery Law Countering the U.S. Anti-dumping Act of 1916"". Research Institute of Economy, Trade, and Industry. Retrieved 2 November 2016.
- ^ Inoguchi, Takashi. "Japan Desperately Needs a Grand Strategy". East Asia Forum. Retrieved 27 March 2012.
- ^ Masaki, Hisane. "Sunset for Japanese chip makers?". The Asian Times. Archived from the original on 7 February 2006. Retrieved 27 March 2012.
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