Law Commons^™

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

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 …

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Frank J. Garcia

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has reduced consumer prices across …

Investment Treaties Are About Justice, Frank J. Garcia

Frank J. Garcia

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of investment capital.

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

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 …

Reforming International Investment Law: Justice And Good Governance, Frank Garcia

Frank J. Garcia

Theater, Law & Democracy As Living Speech: Reflections On The Work Of James Boyd White, Frank Garcia

Frank J. Garcia

Reforming The Bit Regime: Lessons From International Trade Law, Frank Garcia

Frank J. Garcia

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

Frank J. Garcia

No abstract provided.

Theories Of Justice And Wto Adjudication, Frank Garcia

Frank J. Garcia

A lecture and discussion concerning the role that theories of justice could play in resolving difficult WTO cases.

Reforming International Investment Law: Lessons From International Trade Law, Frank Garcia

Frank J. Garcia

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

Frank J. Garcia

Globalization’S Law: Transnational, Global Or Both?, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Panel Chair, New Theoretical Perspectives On Wto Law, Frank Garcia

Frank J. Garcia

No abstract provided.

Keynote Address, Global Justice And International Economic Law, Frank Garcia

Frank J. Garcia

No abstract provided.

Keynote Address, Towards A Pluralist Approach To Global Justice Theory, Frank Garcia

Frank J. Garcia

No abstract provided.

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

Frank J. Garcia

No abstract provided.

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

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 …

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 …

Comment: Doha, Security And Justice – A Response To Prof. Raj Bhala, Frank Garcia

Frank J. Garcia

No abstract provided.

Theories Of Justice And International Economic Law, Frank Garcia, Lindita Ciko

Frank J. Garcia

No abstract provided.

Developing A Normative Critique Of International Trade Law, Frank Garcia

Frank J. Garcia

No abstract provided.

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

Frank J. Garcia

No abstract provided.

Committee Member, Frank Garcia

Frank J. Garcia

No abstract provided.

Doha, Security And Justice: A Response To Prof. Raj Bhala, Frank Garcia

Frank J. Garcia

No abstract provided.

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

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 …