Political Theory of International Economic Law

2021-05-07
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Equality in global commerce is a topic that has been discussed by a various economist. The international economic law is known to have global distributive effects. Many body measures affect the trading aspects of both the inside and the neighboring countries. Companies have tried to establish their products in markets that favor their products. The domestic measures that a country puts forward can affect the growth both within and outside the country. Competition is one element that can influence the pricing of products. Some companies tend to set their prices very low to attract more customers. This had led to the formation of standard prices for certain products in the market. Comparative advantage theory supports general policies that forbidden other companies to take advantage of smaller companies especially, those that are new in the market. The book tries to analyze the balance and the recent debated concerning political theory that is used to explain distributive justice.

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According to the journal Equality in Global Commerce: Towards a Political Theory of International Economic Law, by Oisin Suttle, the issue of distributive justice arises in the trade regime and not for the purpose of entrainment. The issue is used to explain the fairness of trade and is used to invoke the element of free trade. Fair trade is described as the element in which different companies set up policies and procedures that favor all the interest groups in the market. As a political token, many developing countries are advocating for special and unique treatment for their trade unions. The author says that their companies are arguing that they are not treated fairly like other companies in developed nations. Such companies raise the issue of the low wage rate, social economic, political factors, environmental and human rights factors. The main argument is that the distributive justice should be shared equally in all these countries to ensure that both are beneficiaries. In some circumstance, countries that are more developed usually set the prices in the market and the small companies must adhere to their standards for the growth of the economy. Most of the consumers of those small businesses would not be able to afford the products making such companies make hugely loses (Suttle, 2014).

According to Suttle, the developed countries are advocating for policies that would establish vary prices of good and services depending on the locations of particular countrys and the development rates. The issue of low wage rate is also a major concern for the developing countries. Most of the workers in these poor nations are paid very low wages compared to other developed nations. There should be equality regarding wage rates. Such workers cannot be able to sustain themselves leave alone their families. This leads to low living standards, which has an adverse impact on the general economy of a country. Human rights activist should address the differences regarding environmental factors. The rhetorical power gives them the rights to establish standards that are favorable to al the countries around the globe. The problem is that many activists do not understand the element of distribution fairness. There can be varying circumstances when it comes to distribution justice due to several factors such as political, economic and social factors. Different countries have different rules and regulations that govern their business. Some countries do not want to apply the element of distribution justice since their economy is growing significantly. They do no want to understand the issues that other small countries are experiencing then.

In addition, the writer believes there is no correct definition of distribution of justice in the internal law. The varying economy of countries makes it hard to have fair trade equality. Many scholars have emphasized the importance of equality among the citizens. There are different types of economic equality that the government can enhance to their people. The fist one is by ensuring there is an equal job opportunity for all the citizens. In many parts of developing countries, some people are denied jobs basis of their ethnic, race or even tribe. This has led to inequality in resource distribution. Unequal distribution mostly affects the general economy of a country. It may be seen as punishing one particular segment of a country, yet the effects are distributed across all sectors. For example, when people are not given enough jobs to sustain themselves, they will end up in criminal activities such as robbery. This will lead to development. The people would also not have jobs to support themselves leading to low living standards.

Suttle says that in John Rawls political theory, he explains that different principle of a just society regarding social economic, and economic equality are to be given to fewer advantage members of the society. John explains that such people can not be able to provide for themselves, and the government or the people in authority should come up with ways of ensuring they are treated fairly. Such people should be offered opportunities just like any normal people. In most circumstance, they are discriminated by the society and this leads to inequality. The theory explains that it does not make sense for people to add more resources to people who can provide for themselves. The basic element is to try to uplift all the members of the population to ensure economic growth. Rawls argue for the morality point of view in the sense that, it is the moral obligation of everyone to enhance equality to all people (Suttle, 2014). However, if we respect morality, the we are diverting from the difference principle. The leaders to ensure that people retreated in the right manner can use morality.

Responses to these problems can be grouped into three major groups. The first one is strong cosmopolitans, who accept that the logic of linear, distributive of justice and equality goes beyond certain boundaries. These open-minded people want to explore a bigger picture of the issues. They are looking for ways to solve the problem ranging from different countries. The second category is the communitarians, who reject the issues of distributive of justice is the same as the element of equality, instead, base their argument on the fact that the distributive justice should be focused on the social aspects of the people and obligations within the community. They contend that by doing so, it would enhance moral equality to the community. Thirdly are the liberals who agree with Rawls theory that the element should be addressed within the domestic part of a country before it goes beyond the borders.

All those groups argue that their strategy is the best to ensure there is distributive of justice and equality among the people. The basic point is to ensure that there is equality on how resources are distributed among the people. The rules that govern a particular country needs to be lessened to pave the way for an international law that governs all other countries in the world. The text explains, there should be a system that brings all the world trade leaders to gather to come up with one better strategy that would ensure efficient distribution of justice. The internal division explains the theory that limits the success of forming debates aiming international lawyers to major policy makers. The debate would be essential to this aspect, as different people would give their opinions concerning the matters. People would be able to understand what different policy makers and international lawyers are thinking of the best way to move forwards and ensure distributive justice. This would also be a base where the policy makers would like advice different countries that are not abiding by the international laws to try and lessen some of their policies (Suttle, 2014). The international economic regulation, on the other hand, has not been a focus on the political theory.

Furthermore, the writer asserts that a successful account distributive justice should focus on the economic aspects of all the concern parties for those methods to be effective. The focus should be on both developed and developing countries due to the difference in political and economic structures of different countries. Given the authors focus on the distributive justice in the economic regulation, one global justice debate concerning economic equality is considered more promising that others. This is the cohesion approach, which argues that the duties of distributive justice are more concern about total share rather than relative. Absolute share explains that all the community should be given a chance of becoming part of the distributive justice process. It should be left in the hands o the policy makers alone. The primary focus should include shading light to international economic regulation and distributive implication addressed by WTO law. Another theory was proposed by Michael Blake, who emphasizes his theory for relative share and the need to justify cohesion to those who are subjected to it. He explains that is more important to start by asking the people some of their requirements to know what elements would based suit them instead of allocating them with things that they already have put in place. Blake explains that people are subjected to different opinions when it comes to cohesion and is important to put all these issues on the forefront of addressing distributive of justice. The legal system should be formed in a way that focuses the needs of everybody in the country. The international lawyers should always be ready to support the distributive justice system by ensuring that they advocate for the rights of every member to enhance cohesion (Suttle, 2014).

The author explains that domestically the approach starts by understanding the basic structure of major social institutions fits in one system. It explains how they assign fundamental duties and rights that shape the division of advantages and disadvantages that arise from different factors of social cooperation. The outcome of the distribution process will enable people to analyze if it was effective or not. There should be measures of ensuring that the process is conducted in the best way. This involves frequent monitoring of the process to check if there are places that need to be improved. In the international context, there is a system that is responsible for assigning the fundamental duties and rights that shape those who are advantages and disadvantaged in the society. In this case, they ensure that the law is applied to all sectors of the economy. Rawls theory explains that the distribution is affected by a larger context ranging from different and largely uncoordinated institutions. The distribution effects are majorly reflected the outcome. This involves the number of people who have benefited from such cohesions and who are likely to need more help (Suttle, 2014).

In the international context, 200 sovereign states are the most important institutions, which constitute the framework in which economic life proceeds. Such institutions are given the mandate of ensuring international laws are observed by all the institutions around the globe that deal with economic aspects of the people. Their role includes coordinating the regulatory choices of states. This implies that all the states have the right to come up with domestic policies regarding distributive justice, but they should be guided by certain measures to ensure equality in all the regions around. People have the rights to advocate for the fairness in the distribution of resources. They should be well knowledgeable of all the facts that concern them. This can be enhanced by the international institutions who tries to ma...

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