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Full-Text Articles in Antitrust and Trade Regulation

Doha, Security And Justice: A Response To Prof. Raj Bhala, Frank Garcia Nov 2011

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

Frank J. Garcia

No abstract provided.


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 …


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.


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.


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.


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.


Arguing For A Framework Of Consensual Trade Agreements, Frank Garcia Aug 2011

Arguing For A Framework Of Consensual Trade Agreements, Frank Garcia

Frank J. Garcia

No abstract provided.


Putting The 'Trade' Back In Free Trade Agreements, Frank Garcia May 2011

Putting The 'Trade' Back In Free Trade Agreements, Frank Garcia

Frank J. Garcia

No abstract provided.


Convener And Commentator: Globalization Of Legal Sources, Frank Garcia Mar 2011

Convener And Commentator: Globalization Of Legal Sources, Frank Garcia

Frank J. Garcia

No abstract provided.


Negotiating The Non-Negotiable: Protecting Human Rights In Negotiating And Implementing Trade Agreements, Frank Garcia Feb 2011

Negotiating The Non-Negotiable: Protecting Human Rights In Negotiating And Implementing Trade Agreements, Frank Garcia

Frank J. Garcia

No abstract provided.