Legal And Rhetorical Foundations Of Economic Globalization

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Legal and Rhetorical Foundations of Economic Globalization

Author : Keren Wang
Publisher : Routledge
Page : 149 pages
File Size : 42,7 Mb
Release : 2019-06-13
Category : Business & Economics
ISBN : 9780429581939

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Legal and Rhetorical Foundations of Economic Globalization by Keren Wang Pdf

This book examines the subtle ways in which rhetorics of sacrifice have been re-appropriated into the workings of the global political economy in the 21st century. It presents an in-depth analysis of the ways in which ritual practices are deployed, under a diverse set of political and legal contexts, as legitimation devices in rendering exploitative structures of the prevailing political-economic system to appear inescapable, or even palatable. To this end, this work explores the deeper rhetorical and legal basis of late-capitalist governmentality by critically interrogating its mythical and ritual dimensions. The analysis gives due consideration to the contemporary incarnations of ritual sacrifice in the transnational neoliberal discourse: from those exploitative yet inescapable contractual obligations, to calendrical multi-billion dollar 'offerings' to the insatiable needs of 'too-big-to-fail' corporations. The first part of the book provides a working interpretative framework for understanding the politics of ritual sacrifice – one that not only accommodates multidisciplinary, interdisciplinary knowledge of ritual practices, but that can also be employed in the integrated analysis of sacrificial rituals as political rhetoric under divergent historical and societal contexts. The second conducts a series of case studies that cut across the wide variability of ritual public takings in late-capitalism. The book concludes by highlighting several key common doctrines of public ritual sacrifice which have been broadly observed in its case studies. These common doctrines tend to reflect the rhetorical and legal foundations for public takings under hegemonic market-driven governance. They define 'appropriate and proper' occasions for suspending pre-existing legal protections to regularize otherwise transgressive transfers of rights and possessions for the 'greater good' of the economic order.

The Law and Economics of Globalisation

Author : Linda Y. Yueh
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 54,7 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9781848449503

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The Law and Economics of Globalisation by Linda Y. Yueh Pdf

The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization. American Society of International Law This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs. Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World Bank This inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century. With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.

Resisting Economic Globalization

Author : D. Schneiderman
Publisher : Springer
Page : 218 pages
File Size : 47,5 Mb
Release : 2013-05-15
Category : Law
ISBN : 9781137004062

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Resisting Economic Globalization by D. Schneiderman Pdf

There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.

The Misery of International Law

Author : John Linarelli,Margot E Salomon,Muthucumaraswamy Sornarajah
Publisher : Oxford University Press
Page : 200 pages
File Size : 55,8 Mb
Release : 2018-03-23
Category : Law
ISBN : 9780191068713

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The Misery of International Law by John Linarelli,Margot E Salomon,Muthucumaraswamy Sornarajah Pdf

Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.

Six Faces of Globalization

Author : Anthea Roberts,Nicolas Lamp
Publisher : Harvard University Press
Page : 401 pages
File Size : 42,7 Mb
Release : 2021-09-28
Category : Political Science
ISBN : 9780674269828

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Six Faces of Globalization by Anthea Roberts,Nicolas Lamp Pdf

A Financial Times Best Book of the Year A Fortune Best Book of the Year A ProMarket Best Political Economy Book of the Year An essential guide to the intractable public debates about the virtues and vices of economic globalization, cutting through the complexity to reveal the fault lines that divide us and the points of agreement that might bring us together. Globalization has lifted millions out of poverty. Globalization is a weapon the rich use to exploit the poor. Globalization builds bridges across national boundaries. Globalization fuels the populism and great-power competition that is tearing the world apart. When it comes to the politics of free trade and open borders, the camps are dug in, producing a kaleidoscope of claims and counterclaims, unlikely alliances, and unexpected foes. But what exactly are we fighting about? And how might we approach these issues more productively? Anthea Roberts and Nicolas Lamp cut through the confusion with an indispensable survey of the interests, logics, and ideologies driving these intractable debates, which lie at the heart of so much political dispute and decision making. The authors expertly guide us through six competing narratives about the virtues and vices of globalization: the old establishment view that globalization benefits everyone (win-win), the pessimistic belief that it threatens us all with pandemics and climate change (lose-lose), along with various rival accounts that focus on specific winners and losers, from China to America’s Rust Belt. Instead of picking sides, Six Faces of Globalization gives all these positions their due, showing how each deploys sophisticated arguments and compelling evidence. Both globalization’s boosters and detractors will come away with their eyes opened. By isolating the fundamental value conflicts—growth versus sustainability, efficiency versus social stability—driving disagreement and showing where rival narratives converge, Roberts and Lamp provide a holistic framework for understanding current debates. In doing so, they showcase a more integrative way of thinking about complex problems.

International Economic Law, Globalization and Developing Countries

Author : Julio Faundez,Celine Tan
Publisher : Edward Elgar Publishing
Page : 513 pages
File Size : 46,8 Mb
Release : 2010
Category : Law
ISBN : 9781849806671

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International Economic Law, Globalization and Developing Countries by Julio Faundez,Celine Tan Pdf

This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.

Law and Economic Development

Author : Kaushik Basu,Ajit Mishra
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2023
Category : Electronic
ISBN : 3031249402

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Law and Economic Development by Kaushik Basu,Ajit Mishra Pdf

This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject. Kaushik Basu is Professor of Economics and the Carl Marks Professor of International Studies in the Economics Department and the SC Johnson College of Business, Cornell University, USA. From 2012 to 2016 he was Chief Economist of the World Bank. Prior to that, from 2009 to 2012, he was Chief Economic Advisor to the Government of India. Educated at St. Stephen's College, Delhi, and the London School of Economics, Basu has published extensively in development economics, game theory, welfare economics and industrial organization. His recent books include The Republic of Beliefs: A New Approach to Law and Economics (published in 2018) and Policymaker's Journal: From New Delhi to Washington, D.C. (published in 2021). Ajit Mishra teaches at the University of Bath, UK. Educated at the Delhi School of Economics, he has been actively engaged in research and lecturing in development economics, public economics, and economic theory. He has taught at various institutions in India and the UK. He served as the Director of the Institute of Economic Growth, India. Besides papers in leading journals, he has edited two books: Economics of Corruption and Markets, Governance and Institutions. He is an Associate Editor of the Journal of Economic Behavior and Organization.

Accountability, International Business Operations and the Law

Author : Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda
Publisher : Routledge
Page : 299 pages
File Size : 48,6 Mb
Release : 2019-12-05
Category : Law
ISBN : 9781351127141

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Accountability, International Business Operations and the Law by Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda Pdf

A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Legal Foundations of Capitalism

Author : John R. Commons
Publisher : Routledge
Page : 498 pages
File Size : 48,9 Mb
Release : 2017-07-05
Category : Business & Economics
ISBN : 9781351509107

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Legal Foundations of Capitalism by John R. Commons Pdf

In what has universally been recognized as a classic of institutional economics, John R. Commons combined the skills of a professional economist, the sensibilities of an American historian, and the passion of an active participant in the conflicts of individuals, self-interest of groups, and function of voluntary associations.The aim of this volume is to work out an evolutionary and behavioral theory of value. In order to do so thoroughly, Commons examines the decisions of the courts. Doing so compelled an examination of what the courts mean by reasonable value. Commons found that the answer was tied up with a notion of reasonable conduct. It was Commons who carried the study of the habits and customs of social life to the next stage: the decisions of the courts that are based on custom and that profoundly impact the nature and function of the economic system as such.Reviewing Legal Foundations of Capitalism, Wesley Mitchell declared that Commons carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately." And writing in the same American Economic Review twenty-one years later, Selig Perlman noted that "To Commons the workingmen were not abstract building blocks out of which a favored deity called History was to shape the architecture of the new society, but concrete beings with legitimate ambitions for a higher standard of living and for more dignity in their lives." This edition is graced with a special introduction that places Commons in proper academic as well as intellectual context.

International and Comparative Business

Author : Leo McCann
Publisher : SAGE
Page : 400 pages
File Size : 44,8 Mb
Release : 2013-11-14
Category : Political Science
ISBN : 9781446296400

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International and Comparative Business by Leo McCann Pdf

'Erudite and accessible, McCann demonstrates how the national gets reconfigured around the global without losing some of its unique features. Far from being a one-size-fits-all Anglo-American template, neoliberalism comes in many different hues and variations. This is by far the best textbook in the field and is destined to become a classic for years to come.' Manfred B. Steger, Professor of Political Science at the University of Hawai'i-Manoa, Honolulu, Hawai’i, USA 'A sweeping examination of systems of capitalism in theory and in the world’s major industrial economies leads Leo McCann to challenge the conventional wisdom on globalization. Historical analysis of the evolution of business systems and detailed examination of present practice demonstrate persuasively that, despite facing common challenges, distinctive national differences remain salient. A must read for anyone who needs to understand how business systems operate in an increasingly interdependent world economy.' - Dr Eileen Appelbaum, Senior Economist, Center for Economic and Policy Research, Washington, DC, USA Globalization has profound effects on national economies even as distinct national ‘models’ of capitalism remain. International and Comparative Business accessibly tracks the historical and socio-political contexts of the world’s major countries on a chapter-by-chapter basis to the present day. The book provides a comprehensive, critical, yet concise introduction to each of the economies’ key features, including macro overviews as well as organizational and workplace-level analysis. Each chapter features learning objectives, in-depth interpretation and critique of key literature, and annotated further reading to allow readers to rigorously navigate their way through the wealth of material available for each country. This text is essential reading for students and researchers in the areas of international business and cross-cultural management, comparative political economy, and history. Leo McCann is Senior Lecturer in International and Comparative Management at Manchester Business School, University of Manchester, UK

Global Constitutional Narratives of Autonomous Regions

Author : Jason Buhi
Publisher : Routledge
Page : 216 pages
File Size : 54,8 Mb
Release : 2021-03-30
Category : History
ISBN : 9781000369472

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Global Constitutional Narratives of Autonomous Regions by Jason Buhi Pdf

With international attention focused on Hong Kong, many forget that Macau also exists in a delicate "one country, two systems" (OCTS) balance with mainland China. This book provides insights into the circumstances surrounding the less-understood half of China’s OCTS policy, including the stagnation of representational government, and the location of any Macau characteristics in the Macau Basic Law. Despite being Hong Kong’s sister "Special Administrative Region" (SAR) within the People’s Republic of China, Macau’s unique constitutional development under Portuguese and Chinese administration remains under-appreciated despite its potential contributions to local, national, and international constitutional discourse. Utilizing a multidisciplinary approach, including doctrinal, historical, and comparative methodologies, this work fills that gap. The research blends Portuguese, Chinese, and foreign-language sources in order to reconstruct a balanced constitutional narrative. The book focuses on a consequential effect of globalization – that is, the assimilation of a long-standing and unique constitutional order by a new hegemonic sovereign – including processes for internationalization as China opened up, legal harmonization of two distinct legal and socioeconomic orders, juridification of local affairs with the establishment of a new local court system in preparation for handover to the Chinese regime, and democratization (or the lack thereof) among the various communities comprising the Macanese polity before and since. Focusing on Macau’s unique development at the crux of European and Chinese empires, and the role it plays as a mirror for Chinese intentions vis-a-vis Hong Kong today, the book will be of interest to those working in constitutional law, politics, and history.

Armed Conflict and Human Rights Law

Author : Daniel Ivo Odon
Publisher : Routledge
Page : 227 pages
File Size : 54,9 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781000408935

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Armed Conflict and Human Rights Law by Daniel Ivo Odon Pdf

This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community’s legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.

Rules for a Flat World

Author : Gillian Kereldena Hadfield
Publisher : Oxford University Press
Page : 409 pages
File Size : 55,7 Mb
Release : 2017
Category : Business & Economics
ISBN : 9780199916528

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Rules for a Flat World by Gillian Kereldena Hadfield Pdf

How can we promote economic progress in a staggeringly complex global system? In the bestselling book The World is Flat, Thomas Friedman argued that technology and globalization have leveled the playing field among workers and innovators worldwide. But why, ten years after he proposed thisthesis, are billions of people around the world still locked out of global prosperity and security?In Rules for a Flat World, law and economics professor Gillian Hadfield points to an outdated legal infrastructure as the cause of stagnating progress in the global economy. The world's biggest corporations are struggling to manage workers, and advance a consistent strategy, in dozens of countriesat once. Small businesses are being crushed by disruption a hemisphere away. Billions of people who constitute the bottom of the economic pyramid are still shut out of the technological, legal, and medical advancements that the other half of the world enjoys. Put simply, the law and legal methods onwhich we currently rely have failed to evolve along with technology. Hadfield argues not only that these systems are too slow, costly, and localized to support an increasingly complex global economy, but also that they fail to address looming challenges such as global warming, poverty, andoppression in developing countries.Instead of growing more agile and less expensive, our legal infrastructure is drowning in costs and complexity, all the while growing less capable of responding to the needs of businesses, governments, and ordinary people. Through a sweeping review of the emergence and evolution of law overthousands of years, Hadfield makes the case that our existing methods of producing law-via legislatures, courts, and bureaucracies-need supplementing. Markets, she argues, have the capacity to spur investment in regulation so that we can better manage smarter, faster, and more complicated economicsystems. Combining an impressive grasp of the empirical details of economic globalization with an ambitious re-envisioning of our global legal system, Rules for a Flat World is a crucial and influential intervention into the debates surrounding how best to manage the evolving global economy.

Business, Compliance and Human Rights Law

Author : Gabriel Webber Ziero
Publisher : Routledge
Page : 241 pages
File Size : 44,5 Mb
Release : 2021-12-28
Category : Business & Economics
ISBN : 9781000520170

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Business, Compliance and Human Rights Law by Gabriel Webber Ziero Pdf

In recent years, transnational private regulations (TPRs) have gained importance in the areas of business and human rights, particularly from a consumer point of view. However, some question whether TPRs are indeed suitable normative frameworks contributing to their signatory entities’ compliance with human rights standards and effective avoidance of human rights abuses. In response to this question, this book proposes an analytical concept of effective compliance. Based on the elements identified as crucial for achieving effective compliance, it conducts an in-depth analysis of how TPRs’ normative frameworks function in practice and identifies common patterns and challenges. Such inquiry is based on an interdisciplinary methodological approach between law and sociology, seeking not only to comprehend and assess how law is systematized in theoretical terms, but also to understand how it works on the ground. This allows identification of the lack of active and effective participation of vulnerable stakeholders in the discursive processes established and governed by TPRs, such as rule-making and conformity assessment processes, as the main challenge. Based on such evidence, the book addresses the possibilities of overcoming such challenges, proposing that to fully achieve TPRs’ potential from an effective compliance point of view, legal empowerment of vulnerable groups is essential. It concludes by providing key observations and suggestions that contribute to the use of TPRs as instruments in the struggle for rights of empowered vulnerable stakeholders. The book will be of interest to academics, researchers, and policy-makers working in the areas of international law, transnational law, sociology of law, and human rights law.

Making Globalization Happen

Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 577 pages
File Size : 54,9 Mb
Release : 2024-03-25
Category : Business & Economics
ISBN : 9780198903154

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Making Globalization Happen by Vijayashri Sripati Pdf

In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, criminal, and transitional). Sripati simultaneously provides the missing constitutional foundation for globalization and the fields that it has spawned: global studies and law and political economy. With these ground-breaking insights, Making Globalization Happen: The Untold Story of Power, Profits, Privilege clearly illustrates who drove constitutional globalization and for whose benefit: the UN family and transnational capitalists. Thus, it rips away the facade of UN family-driven peace, justice, human rights, democracy, and development to expose it as a narrative of power, profit, and privilege for transnational capitalists and debt, death, and despair for the Global South.