The work of international lawyers deeply affects the shape and operation of global
economic governance, much more now than it has ever done in the past. Most visibly
in the context of world trade—but also in respect of foreign investment, debt,
finance, and development—the activity of ‘governing’ at the global level is increasingly
carried out through international legal processes, and by professionals schooled
in the techniques, habits of thought, and forms of argument characteristic of
international law. The number of international lawyers contributing to the evolution
of international economic governance, including through our role as interpreters and
evaluators of existing governance practices, continues to grow.
A central theme of this book, then, is an exploration of the role that international
legal processes and international lawyers play in the construction and contestation of
structures of global economic governance. By ‘international lawyers’ I am not
referring solely to those engaged in the professional practice of international law in
and around formal dispute settlement, but much more broadly to the wide range of
actors—government officials, NGOs, academics, officials of international organizations,
and many others—working in the disciplinary field of international law and
engaging in international legal styles of argument. And by ‘international legal
processes’ I am not referring solely to formal processes of judicial dispute settlement,
but rather to the huge variety of different activities conducted in an international
legal idiom, from writing and thinking about international law all the way through to
its concrete operation in specific contexts. This focus on international law does not, it
should be said, derive from an exaggerated sense of the importance of international
law and legal processes in the conduct of global economic governance. I readily
admit that there are often much more powerful forces and actors directly at play,
than those associated with international law. Instead I focus on international law in
order to highlight the responsibility of international lawyers: the point, in other
words, is to emphasize the ways in which the work of international lawyers has
important effects on the practice of international economic governance, often in
ways we do not realize, in order to encourage a greater sense of moral responsibility
for those outcomes.