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Full-Text Articles in Law

Capital In The Twenty-First Century. By Thomas Piketty [Book Review], Frank Garcia Mar 2015

Capital In The Twenty-First Century. By Thomas Piketty [Book Review], Frank Garcia

Frank J. Garcia

No abstract provided.


Reforming The International Investment Regime: Lessons From International Trade Law, Frank Garcia, Lindita Ciko, Apurv Gaurav Dec 2014

Reforming The International Investment Regime: Lessons From International Trade Law, Frank Garcia, Lindita Ciko, Apurv Gaurav

Frank J. Garcia

International trade law underwent a profound paradigm shift during the 1990’s and into the 21st century as a response to globalization, and to a legitimacy crisis sparked by unresolved structural issues from the General Agreement on Tariffs and Trade (GATT) era and tensions surfacing in GATT case law around ‘trade and’ issues. Investment law today is undergoing a similar legitimacy crisis for similar reasons, particularly with respect to Bilateral Investment Treaties and investor–State arbitration. We argue that investment law is ripe for a similar paradigm shift, away from the dominant view of investment law as a private ordering system to …


Global Justice And International Economic Law: Three Takes, Frank Garcia Dec 2012

Global Justice And International Economic Law: Three Takes, Frank Garcia

Frank J. Garcia

For centuries, international trade has been seen as essential to the wealth and power of nations, and defended as a system through which all could benefit. It is only recently that trade's problematic role as an engine of distributive justice has begun to be understood, due in part to globalization and the global justice debates. In this compelling new book, international legal scholar Frank J. Garcia proposes a radically new way to evaluate, construct, and manage international trade - one that is based on norms of economic justice as well as comparative advantage and national interest. This book examines three …


Global Justice And International Economic Law: Opportunities And Prospects, Frank Garcia, Chios Carmody, John Linarelli Dec 2011

Global Justice And International Economic Law: Opportunities And Prospects, Frank Garcia, Chios Carmody, John Linarelli

Frank J. Garcia

No abstract provided.


The Doha Round, Justice, And The Transformative Power Of Crisis, Frank Garcia Dec 2008

The Doha Round, Justice, And The Transformative Power Of Crisis, Frank Garcia

Frank J. Garcia

No abstract provided.


The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia Dec 2005

The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia

Frank J. Garcia

No abstract provided.


Integrating Trade And Human Rights In The Americas, Frank Garcia Dec 2005

Integrating Trade And Human Rights In The Americas, Frank Garcia

Frank J. Garcia

This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …


Legal Borrowing Is A Two-Way Street, Frank Garcia Jun 2005

Legal Borrowing Is A Two-Way Street, Frank Garcia

Frank J. Garcia

No abstract provided.


Amid Scarcity, Emerging Global Society Requires Justice, Frank Garcia Aug 2004

Amid Scarcity, Emerging Global Society Requires Justice, Frank Garcia

Frank J. Garcia

No abstract provided.


Trade, Inequality, And Justice: Toward A Liberal Theory Of Just Trade, Frank Garcia Dec 2002

Trade, Inequality, And Justice: Toward A Liberal Theory Of Just Trade, Frank Garcia

Frank J. Garcia

No abstract provided.


Protecting The Human Rights Principle In A Globalizing Economy, Frank Garcia Dec 2000

Protecting The Human Rights Principle In A Globalizing Economy, Frank Garcia

Frank J. Garcia

No abstract provided.


Trade And Inequality: Economic Justice And The Developing World, Frank Garcia Dec 1999

Trade And Inequality: Economic Justice And The Developing World, Frank Garcia

Frank J. Garcia

No abstract provided.