Shaffer: Afterword: Capitalism, International Law, Race, and China’s Rise

Gregory Shaffer (Univ. of California, Irvine - Law) has posted Afterword: Capitalism, International Law, Race, and China’s Rise (International Journal of Constitutional Law, forthcoming). Here's the abstract:

Karen Alter’s rich article, “From colonial to multilateral international law: A global capitalism and law investigation,” develops an important research agenda regarding capitalism, and its impact on what she calls “global economic law.” This Afterword builds on Alter’s essay to make four points. First, it compares Alter’s framework of international regime complexes with the framework of transnational legal orders that has been applied to a wide spectrum of issues. It shows how the latter framework is necessary to supplement Alter’s regime framework. Second, it subjects Alter’s concluding argument in favor of multilateralism to a comparative institutional perspective, which foregrounds considerations that Alter’s essay elides. It notes the contexts in which multilateral international law is, or is not, a preferred approach. Third, it substantially qualifies Alter’s concluding prediction regarding continuity with China’s rise. It stresses the implications of China’s combination of state capitalism and political authoritarianism, coupled with other transnational trends, including within the United States. Fourth, it notes her lack of engagement with the issue of race and international law, which is present in its absence, on which the framework of transnational legal orders sheds greater light.