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Articles 1 - 30 of 32
Full-Text Articles in Law
Introduction: Globalization, Power, States, And The Role Of Law, Frank J. Garcia
Introduction: Globalization, Power, States, And The Role Of Law, Frank J. Garcia
Frank J. Garcia
On October 12, 2012 the Boston College Law Review and the Boston College International and Comparative Law Review held a joint Symposium entitled, “Filling Power Vacuums in the New Global Legal Order.” In three panel discussions and a keynote address by Anne-Marie Slaughter, a lively discourse on the impact of globalization on state power, the law, and the law’s ability to both reallocate and effectively restrain power ensued. This Introduction, and the works that follow in this symposium issue, document that discourse.
Globalization, Inequality & International Economic Law, Frank J. Garcia
Globalization, Inequality & International Economic Law, Frank J. Garcia
Frank J. Garcia
International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be …
Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia
Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia
Frank J. Garcia
21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia
21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia
Frank J. Garcia
Development, Frank J. Garcia
Development, Frank J. Garcia
Frank J. Garcia
Development is about aspiration—our longing for a better life as individuals and as a community—and respect, as we individually and collectively recognize and support these aspirations. Development requires the freedom to define and choose that better life; a fair share of the resources needed to realize that life; and narratives of where we currently stand with regard to our aspirations and why, where we want to go, and what it will take to get there. This means that development inevitably takes place in and through politics, law, and the social sciences (especially economics), as we work to articulate our claims …
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Frank J. Garcia
Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global …
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia
Frank J. Garcia
Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global …
Humanizing The Financial Architecture Of Globalization: A Tribute To The Work Of Cynthia Lichtenstein , Frank J. Garcia
Humanizing The Financial Architecture Of Globalization: A Tribute To The Work Of Cynthia Lichtenstein , Frank J. Garcia
Frank J. Garcia
This Tribute reviews the many contributions by Cynthia Lichtenstein to the literature on international financial markets. When viewed as a whole, Professor Lichtenstein's work suggests that the globalization of the monetary system offers new opportunities for increased human welfare, but only if state and international regulators combine technical expertise with a genuine understanding of the human effects of global markets, much as Professor Lichtenstein does in her own work.
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Frank J. Garcia
International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S. section …
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Frank J. Garcia
In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …
The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia
The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia
Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Review: A Philosophy Of International Law, Frank J. Garcia
Review: A Philosophy Of International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia
Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Globalization And The Theory Of International Law, Frank J. Garcia
Globalization And The Theory Of International Law, Frank J. Garcia
Frank J. Garcia
The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law, it …
Review Of Legal Polycentricity And International Law, Frank J. Garcia
Review Of Legal Polycentricity And International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.
"Americas Agreements" - An Interim Stage In Building The Free Trade Area Of The Americas, Frank J. Garcia
"Americas Agreements" - An Interim Stage In Building The Free Trade Area Of The Americas, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Introduction -- The Trade Linkage Phenomenon: Pointing The Way To The Trade Law And Global Social Policy Of The 21st Century, Frank J. Garcia
Introduction -- The Trade Linkage Phenomenon: Pointing The Way To The Trade Law And Global Social Policy Of The 21st Century, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Three Takes On Global Justice, Frank J. Garcia
Global Justice And The Bretton Woods Institutions, Frank J. Garcia
Global Justice And The Bretton Woods Institutions, Frank J. Garcia
Frank J. Garcia
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia
Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Review Of The Law Of Peoples, Frank J. Garcia
Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia
Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia
Frank J. Garcia
No abstract provided.