Sunday, July 17, 2022

Perrone & Schneiderman: Lost to History? Latin America and the Charter of Economic Rights and Duties of States

Nicolás M. Perrone (Universidad de Valparaíso - Law) & David Schneiderma (Univ. of Toronto - Law) have posted Lost to History? Latin America and the Charter of Economic Rights and Duties of States (in The Oxford Handbook on International Law and the Americas, Liliana Obregon Tarazona et al. eds., forthcoming). Here's the abstract:
Latin Americans have sought to contribute to the content of international economic law since at least the late nineteenth century, longing to be both the authors and addressees of international law. As a principal contribution to a new international economic order (NIEO), the 1974 Charter of Economic Rights and Duties of States (CERDS) might be considered the last chapter of a 100 year-long effort. This chapter reflects on what the present may have looked like had CERDS taken hold. By tracing the negotiating positions that were embraced by its two principal protagonists, Mexico and the United States, and highlighting some of its change making proposals, we hope to elucidate the ways in which international economic law has adopted paths that are resistant to reform. Our aim is to return to a moment at which claims about the universality of international economic law, as defined by a small group of powerful states, were directly and unanimously opposed by the subjects of international law.