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Just Insurance Through Global Macro-Hedging: Information, Distributive Equity, Efficiency, And New Markets For Systemic-Income-Risk-Pricing And Systemic-Income-Risk-Trading In A New Economy, Robert C. Hockett

Cornell Law Faculty Publications

This article considers the prospects for exploiting (a) several deep conceptual linkages between justice and insurance, (b) the rapid development of new hedging methods and technologies, and (c) an increasingly integrated global finance economy, in a manner that can render the global economy both more just and more prosperous.

It first derives an account of economic justice from the best known theories currently in the field – an account likely to enjoy broad appeal. The article then elaborates on a number of striking parallels between what it takes for the best account of justice on the one hand, the theory …

Whose Ownership? Which Society?, Robert C. Hockett

Cornell Law Faculty Publications

The idea of an "ownership society" (OS) is not new to American politics or law. It might be called the seventeen year cicada of American domestic policy - emerging once per generation onto the national agenda, generating just a bit of buzz, then receding once again to leave a mass of empty shells and buried eggs behind. Unlike the insects, however, OS proposals seldom have sounded the same notes to everyone's ears. They have been proffered to or on behalf of differing constituencies for differing reasons, and therefore have tended to mean different things to different people. It is tempting …

From "Mission-Creep" To Gestalt Switch: Justice, Finance, The Ifis, And Globalization's Intended Beneficiaries, Robert C. Hockett

Cornell Law Faculty Publications

This essay suggests means by which the international financial institutions (IFIs), the IBRD and the IMF in particular, and indeed "globalization" more generally might be rendered more friendly to humanity. The key, it suggests, lies in a subtle shift in perspective, a "gestalt-switch": It is to move from thinking in terms of political and macroeconomic aggregates - nations and gross national products - to thinking in terms of the individuals who constitute nations and produce national products - those the essay calls the "intended beneficiaries" of globalization.

Thinking in terms of those beneficiaries and their equal claims to our concern …

From Macro To Micro To “Mission-Creep”: Defending The Imf’S Emerging Concern With The Infrastructural Prerequisites To Global Financial Stability, Robert C. Hockett

Cornell Law Faculty Publications

Charges that the IMF has been engaging in "mission creep," gradually taking on a growing number of activities that exceed its constitutive mandate, have grown both in vehemence and in frequency since the late 1990s. I argue that, what ever the substantive merits of its actions, the IMF's developing attention to the structural determinants of global financial stability is not ultra vires. The Fund's evolving role was both foreseen and constitutionally provided for, both at its founding and at the principal constitutive Articles-amending "moments" since.