TY - JOUR
T1 - The Vedanta challenge to multilateralism
T2 - Piercing the boundaries of the global legal order - Afterword to the Foreword by Karen Alter
AU - Lustig, Doreen
N1 - Publisher Copyright:
© 2022 The Author(s). Oxford University Press and New York University School of Law. All rights reserved.
PY - 2022/1/1
Y1 - 2022/1/1
N2 - In this Afterword, I expand Alter's argument on multilateralism and colonialism, and argue that the emergence of multilateralism per se (and not only international economic law) played a pivotal role in facilitating global markets through its allocation of governance and coordination costs as well as responsibility between sovereign authorities. I then follow Alter's lead by turning to the contemporary legal arrangements beyond multilateralism and analyzing the role of the sovereign veil, the corporate veil, and the contract veil in constituting the contemporary global economic order. Finally, I revisit Vedanta Resources PLC v. Lungowe (2019) as a model for value-chain liability. I argue that Alter's historical reading of the contemporary economic order provides a powerful lens through which to evaluate the normative significance and limitations of Vedanta and similar transnational legal endeavors.
AB - In this Afterword, I expand Alter's argument on multilateralism and colonialism, and argue that the emergence of multilateralism per se (and not only international economic law) played a pivotal role in facilitating global markets through its allocation of governance and coordination costs as well as responsibility between sovereign authorities. I then follow Alter's lead by turning to the contemporary legal arrangements beyond multilateralism and analyzing the role of the sovereign veil, the corporate veil, and the contract veil in constituting the contemporary global economic order. Finally, I revisit Vedanta Resources PLC v. Lungowe (2019) as a model for value-chain liability. I argue that Alter's historical reading of the contemporary economic order provides a powerful lens through which to evaluate the normative significance and limitations of Vedanta and similar transnational legal endeavors.
UR - http://www.scopus.com/inward/record.url?scp=85136224668&partnerID=8YFLogxK
U2 - 10.1093/icon/moac017
DO - 10.1093/icon/moac017
M3 - מאמר
AN - SCOPUS:85136224668
VL - 20
SP - 35
EP - 44
JO - International Journal of Constitutional Law
JF - International Journal of Constitutional Law
SN - 1474-2640
IS - 1
ER -