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Humanizing The Financial Architecture Of Globalization: A Tribute To The Work Of Cynthia Lichtenstein , Frank J. Garcia Oct 2011

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.


Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia Oct 2011

Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia

Frank J. Garcia

The Bretton Woods Institutions are, together with the WTO, the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. While the normative analysis of the WTO is gaining momentum, the systematic normative evaluation of the World Bank and the International Monetary Fund is comparatively less developed. This essay aims to contribute to that nascent inquiry. How might global justice criteria apply to the ideology and operations of the Bank and Fund? Political theory offers an abundance of perspectives from which to conduct such …


Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia Oct 2011

Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia

Frank J. Garcia

In order for free trade as a policy to deliver fully on its social promise, it must be both “free” and “trade.” In fact, it must be free, in the sense of voluntary, to be trade at all. In other words, for normative and practical reasons, free trade requires that global economic relations be structured through agreements which reflect the consent of those subject to them. The neoliberal trading system today only imperfectly lives up to this obligation. In this essay, I will examine the role of consent in trade agreements, drawing on examples from CAFTA as representative of important …


Beyond Special And Differential Treatment, Frank J. Garcia Oct 2011

Beyond Special And Differential Treatment, Frank J. Garcia

Frank J. Garcia

Developing country concern over flawed special and differential treatment (S&D) provisions has already contributed to the failed Seattle and Cancim WTO Ministerial Meetings. In order to succeed, the current WTO Doha Development Round must go beyond simply reforming existing S&D provisions, important as that is. Developing countries must re-focus WTO trade and development policy around the twin goals of deueWpment and fairness. Developing countries need a comprehensive agreement on S&D clarifying that development, not trade liberalization, is the number one economic policy goal of developing countries, and that fairness, not charity, is the basis for development. Such an agreement should …


The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia Oct 2011

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 Oct 2011

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 Oct 2011

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 …


Trade Justice And Security, Frank J. Garcia Oct 2011

Trade Justice And Security, Frank J. Garcia

Frank J. Garcia

[Refers to Revised Draft, December 9, 2005] The social psychology literature on justice suggests that the perception of injustice produces the strongest human emotional response. Perceptions of injustice can lead to conflicts over the justice of social outcomes, threatening social cohesion and security. Trade law, and globalization more generally, are increasingly perceived as unjust with respect to the interests of developing countries and of the poor in all countries. To the extent that the various stakeholders in globalization perceive a lack of reciprocity between their investment and their return, they will naturally address their claims of injustice towards the global …


The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia Oct 2011

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 Oct 2011

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 Oct 2011

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 Oct 2011

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 Oct 2011

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.


Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia Oct 2011

Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia

Frank J. Garcia

No abstract provided.


The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia Oct 2011

The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia

Frank J. Garcia

Global regulation of international business transactions presents a particular form of the moral hazard problem. Global firms use economic and political power to manipulate state and state-controlled multilateral regulation to preserve their opportunity to externalize the social costs of global economic activity with impunity. Unless other actors can effectively counter this at the national and global regulatory levels, globalization re-creates the conditions for under-regulated or “robber baron” capitalism at the global level. This model of economic activity has been rejected at the national level by the same modern democratic capitalist states which currently dominate globalization, creating a crisis of legitimacy …


Building A Just Trade Order For A New Millennium, Frank J. Garcia Oct 2011

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 Oct 2011

Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia Oct 2011

Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.


A "Fair" Trade Law Of Nations Or A "Fair" Global Law Of Economic Relations?, Frank J. Garcia Oct 2011

A "Fair" Trade Law Of Nations Or A "Fair" Global Law Of Economic Relations?, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia Oct 2011

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 Oct 2011

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 Oct 2011

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 Oct 2011

"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 Oct 2011

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.