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19 J. Int'l Bus. & L. 162 (2019-2020)
Anti-Enlightenment in International Business and Trade Law: A U.S. - E.U. Comparison

handle is hein.journals/jibla19 and id is 186 raw text is: 







ANTI-ENLIGHTENMENT IN INTERNATIONAL BUSINESS AND
                                    TRADE LAW:
                          A  U.S.  - E.U.   COMPARISON

                                   Tamas Dezso  Ziegler'

                                        Preamble

After  the inauguration of Donald   Trump  as  president of the U.S.  and the  success of
authoritarian, far-right leaders in certain countries in the E.U., the legal framework of
international trade changed  drastically. This article elaborates on this phenomenon   by
highlighting the effect of the Western anti-Enlightenment tradition, a tradition containing
diffuse elements like ethnocentrism, overt nationalism and Social Darwinism on international
business and  trade rules in the U.S. and Europe. As many  elements of this tradition work
against international cooperation, it is the main drive for change, and it seems it will even
strengthen  in the future. This paper highlights connections  that are otherwise hidden:
ethnocentrism,  racism, chauvinism,  Social Darwinism   and   irrational emotionalism by
analyzing their different components and using a broader, sub-legal framework. Each of these
ideas are connected to each other, and affect market policies domestically and internationally.
As lawmaking  is not independent from its social environment, this also means that apart from
legal answers, cultural-social answers must also be taken into consideration when trying to
counter these tendencies.


'Associate professor, E6tvas LorAnd University, research fellow, Hungarian Academy of Sciences. J.D. 2005
Pdzmdny Pdter Catholic University, PhD 2011 Szdchenyi Istvbn University, Dr. Habil. 2018 Ebtv6s Lorand
University. The author would like to give thanks to Gabriele Nuzzo from UniversitA degli Studi di Milano-
Bicocca for his valuable input regarding the topic of the article, and to Giovanni Patti from NYU for his comments
on the first version of the text.


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