Open Access. Powered by Scholars. Published by Universities.®

Antitrust and Trade Regulation Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Antitrust and Trade Regulation

Developing A Normative Critique Of International Trade Law, Frank Garcia Dec 2011

Developing A Normative Critique Of International Trade Law, 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.


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.


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.


Global Justice And The Bretton Woods Institutions, Frank J. Garcia Aug 2007

Global Justice And The Bretton Woods Institutions, Frank J. Garcia

Frank J. Garcia

Together with the WTO, the Bretton Woods Institutions are 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. This essay explores how justice criteria might apply to the ideology and operations of the World Bank and the International Monetary Fund. Using the Rawlsian model of egalitarian justice adapted to international institutions by the author in connection with the WTO, this essay asks what difference it would make for the Bank and Fund if an explicit justice framework informed their international lending activities.


Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia Dec 2005

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 Dec 2005

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 Dec 2001

Trade, Constitutionalism And Human Rights: An Overview, Frank J. 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.