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In response to these evolving dynamics, the Japan Association of International Economic Law has published two volumes that address new shifts in international regulations and national policies affecting the movement of goods, people, capital, and data. [...]the suggestion in Chapter 15 concerning global cooperation and collaboration in competition law enforcement contributes to the overarching theoretical discussion of these volumes: the struggle between universalism and particularism in international economic law. [...]the role of Japan’s normative power in shaping regional and international regulations remains unclear.
Changing Orders in International Economic Law Volume 1: A Japanese Perspective by YOKOMIZO Dai., TOJO Yoshizumi. and NAIKI Yoshiko. Abingdon, Oxfordshire: Routledge, a member of the Taylor and Francis Group, 2024. vi+223 pp. Hardcover: AUS$284.00 ; eBook: AUS$73.99. doi: 10.4324/9781003193098
Changing Orders in International Economic Law Volume 2: A Japanese Perspective by YOKOMIZO Dai., TOJO Yoshizumi. and NAIKI Yoshiko. Abingdon, Oxfordshire: Routledge, a member of the Taylor and Francis Group, 2024. vi+171 pp. Hardcover: AUS$284.00 ; eBook: AUS$73.99. doi: 10.4324/9781003193104
Grounded in neoliberal economic principles, the multilateral trading system has faced unprecedented challenges. The deadlock of the Doha Round of the World Trade Organization (WTO), the COVID-19 pandemic, climate change, and the regional economic fragmentation have intensified nationalism and protectionism. Concurrently, the rising influence of the Global South has granted it normative power to shape international economic law by promoting development concerns. In response to these evolving dynamics, the Japan Association of International Economic Law has published two volumes that address new shifts in international regulations and national policies affecting the movement of goods, people, capital, and data. These volumes cover various topics, including soft law approaches to responsible business conduct, human rights and non-trade issues in trade agreements, national security and international adjudication, smart cities and technical standards, digital platforms and competition law, and data flows and protection. The books stand out by bridging international trade and investment law and private international laws while also showcasing Japan’s practices.
Volume 1 focuses on international trade and investment law, with a well-organized structure that highlights how changes are driven by de-globalization and sustainable development goals. Chapter 2 argues that the theory of competitive liberalism is inadequate for explaining the fragmentation of the international economic order and reforms in investor-state dispute settlement within this context. This theoretical discussion paves the way for subsequent chapters to examine both the negative and positive aspects of this fragmentation. Chapters 3 and 6 explore the tension between unification and fragmentation in private international law and international trade law. Chapters 9 and 10 demonstrate how unilateral measures intended to “protect national security” have intensified the fragmentation of global rules. In contrast, Chapters 13 and 14 analyze how this fragmentation stems from policy experimentation designed to establish new norms for sustainable development. This theme of policy experimentation is further examined in relation to investment treaties and global health law in Chapters 15 and 16.
Volume 2 examines the changes in international laws and national policies concerning digital technologies, focusing on conflicts of law. Although the central issue differs from that of Volume 1, the discussion aligns with the theoretical theme of de-globalization and fragmentation in international economic law. Chapters 2, 5, and 9 explore the varied national strategies for regulating data flows and implementing data protection, influenced by geopolitical changes in the digital economy. Without unified international laws, non-state actors increasingly bridge the gap. Geopolitical tensions in the digital realm extend beyond the United States of America, China, and the European Union, in relation to Japan. Chapters 11 and 12 offer an in-depth look at Japan’s promotion of its Data Free Flow with Trust initiative, highlighting the pursuit of normative power through trade agreements and the enforcement of competition law. In addition, the suggestion in Chapter 15 concerning global cooperation and collaboration in competition law enforcement contributes to the overarching theoretical discussion of these volumes: the struggle between universalism and particularism in international economic law.
The two volumes offer an extensive and current reference for national, regional, and international regulations on trade in goods and services, addressing emerging global issues. Notably, the cross-references and comparisons between international trade and investment law, private international law on digital matters, and sustainable development policies provide valuable insights for both academic research and legal practice.
However, there are two minor drawbacks to consider. First, the discussion lacks an in-depth analysis of the intersection between Japan’s policies and the development of international economic law. Specifically, more details could help explain how Japan’s engagement in trade agreements has influenced national laws and corporate self-regulation in the digital trade field. Second, the role of Japan’s normative power in shaping regional and international regulations remains unclear. As a founding member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Joint Statement Initiative on E-commerce at the WTO, and as an active participant in initiatives like the Regional Comprehensive Economic Partnership and the Indo-Pacific Economic Framework, Japan occupies a unique position. It could leverage its regional position to bridge the tension and divergence between the Pacific-oriented perspective and the Association of Southeast Asian Nations-centric perspective in shaping international economic law.
Overall, the two books provide a comprehensive framework for understanding international economic law and Japan’s policy reforms and practices.
Competing interests
The author declares none.
© The Author(s), 2025. Published by Cambridge University Press on behalf of The Asian Society for International Law.