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Corporate Power, National Sovereignty, and the Rule of Law in a Global Economy
Paper Synopsis
Daniel K. Tarullo
Professor, Georgetown University Law
Center, Washington, D.C.
The
international economic law that has evolved in the second half of the
twentieth century has been concerned almost exclusively with regulating
the behavior of nations. This contrasts with domestic economic law, which
also regulates private economic activity. The emergence of a global economy
has revealed, at times painfully, the need for a parallel form of international
economic law, because individual nations will not be able effectively
to regulate international economic activity on their own. Yet the creation
of international arrangements inevitably raise issues of political legitimacy,
which remains nationally grounded. Legal arrangements in the next century
must reconcile competing policy ends with the demand for democratic autonomy
and accountability. Whether nations are willing to cooperate in pursuit
of these shared interest may depend as much on geopolitical interests
as on economic needs.

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