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International Economic Law and the Securitization of Policy Objectives: Risks of a Schmittean Exception

International Economic Law and the Securitization of Policy Objectives: Risks of a Schmittean... International Economic Law and the Securitization of Policy Objectives: Risks of a Schmittean Exception * ** Geraldo VIDIGAL & Stephan W. SCHILL 1 INTO THE LIMELIGHT (AGAIN): NATIONAL SECURITY IN INTERNATIONAL ECONOMIC LAW Over the past few years, the topic of national security has acquired a new- found centrality in international economic law debates. The narrative that prevailed in the 1990s and 2000s, that international economic law served to subject international economic relations to the rule of law and depoliticize economic disputes, allowing them to be settled in relative isolation from the vagaries of (geo)political struggles, increasingly gives way to the perception that economic interdependence could itself be a threat to autonomous deci- sion-makingbystates. Theconceptsof ‘geoeconomics’, ‘weaponized 2 3 interdependence’, and ‘strategic autonomy’, all reflect concerns that global economic integration might be affecting the very ability of states to remain the ultimate decision-makers within their territories. From this perspective, the consolidation of a global lex economica, which promotes ever greater economic integration and subjects national policy decisions to compulsory adjudication outside the control of states, can be perceived as contributing to this loss of political autonomy. It is in this context that security exceptions have received increased attention in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

International Economic Law and the Securitization of Policy Objectives: Risks of a Schmittean Exception

Legal Issues of Economic Integration , Volume 48 (2): 10 – May 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1566-6573
Publisher site
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Abstract

International Economic Law and the Securitization of Policy Objectives: Risks of a Schmittean Exception * ** Geraldo VIDIGAL & Stephan W. SCHILL 1 INTO THE LIMELIGHT (AGAIN): NATIONAL SECURITY IN INTERNATIONAL ECONOMIC LAW Over the past few years, the topic of national security has acquired a new- found centrality in international economic law debates. The narrative that prevailed in the 1990s and 2000s, that international economic law served to subject international economic relations to the rule of law and depoliticize economic disputes, allowing them to be settled in relative isolation from the vagaries of (geo)political struggles, increasingly gives way to the perception that economic interdependence could itself be a threat to autonomous deci- sion-makingbystates. Theconceptsof ‘geoeconomics’, ‘weaponized 2 3 interdependence’, and ‘strategic autonomy’, all reflect concerns that global economic integration might be affecting the very ability of states to remain the ultimate decision-makers within their territories. From this perspective, the consolidation of a global lex economica, which promotes ever greater economic integration and subjects national policy decisions to compulsory adjudication outside the control of states, can be perceived as contributing to this loss of political autonomy. It is in this context that security exceptions have received increased attention in

Journal

Legal Issues of Economic IntegrationKluwer Law International

Published: May 1, 2021

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