International Law and its Discontents: Confronting Crises by Barbara Stark

By Barbara Stark

In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the most important resource of human sadness, inhibiting instincts and producing guilt. In Globalization and Its Discontents, Joseph Stiglitz indicates how the "economic structure" that produced globalization has additionally pushed the backlash opposed to it. This e-book brings jointly a few of foreign law's so much outspoken "discontents;" those that situate their malaise in foreign legislation itself. Their shared goal is to reveal overseas law's complicity within the ongoing monetary and fiscal international crises and to evaluate its skill - and its will - to constructively handle them. a few, like Freud, view that which holds us jointly as an inevitable resource of discontent. Others, like Stiglitz, draw at the power of the backlash. How have those crises affected specific teams, sovereign states, and foreign legislations itself? How have they spoke back? whilst does trouble function a catalyst, and for what?

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Each 11 12 See Nicholas Xenos, Scarcity and Modernity (1989) [Hereinafter Xenos, Scarcity and Modernity]. Hans Achterhuis, “Scarcity and Sustainability,” in Global Ecology: A New Arena of Political Conflict, W. ) (1993) [Hereinafter Global Ecology], pp. 104–16 [Hereinafter Achterhuis: “Scarcity and Sustainability”] makes a similar point. See John Kenneth Galbraith, The Affluent Society (1998), p. 124 et seq. Binge Development in the Age of Fear 33 newly created need then added to scarcity pressures on the producers, who needed to procure more materials, more labor, more energy, factories, warehouses, and so forth.

This doctrine was recently expanded by the United States Supreme Court in Argentina v. 43 Yet in the regulatory context, states are still assumed to promote the public welfare. Worse, they are depended upon for that purpose. Thus, as Danielsen sharply observes: “The conception of a (mostly public) regulatory system charged with and responsible for securing . . the functioning of a global economy driven by (mostly private) selfinterested economic actors,” neither accurately describes the actual operation of the global economy nor explains why a public global order intended to promote general welfare instead leads to unprecedented inequality.

The modern economy may have invented the notion of scarcity, and engendered a new way of being-in-the-world as consumer, but it did so by taking advantage of one of humankind’s defining characteristics. Indeed, one characteristic that distinguishes human beings, as a species, from other animals is our capacity to generate new material needs and our ability to devise the means to fulfill those needs. Human beings, unlike other animals, are not satisfied with fulfilling the most basic biophysical needs.

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