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International Trade Law Commons™

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

2016

Frank J. Garcia

Articles 1 - 3 of 3

Full-Text Articles in International Trade Law

Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia Jun 2016

Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia

Frank J. Garcia

This essay identifies six key legal, economic and governance convergences in 21st century global law and policy: the deepening of the global economy, the worsening of economic inequality, the thickening of global social relationships, the unification of international economic law, the emergence of global law, and the integration of global justice concerns into our ongoing conversation about development.  These convergences point towards the emergence of a global market society, with significant consequences for international economic law and its role in helping that emerging society to flourish. The essay concludes with one view of what it will mean to meet that …

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21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia May 2016

21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia

Frank J. Garcia

Investment treaty law can no longer be managed as if it were merely a system of private ordering setting out the protected rights of capital owners.  This philosophy has contributed to the ongoing legitimacy crisis affecting investment law today, including the TPP and TTIP negotiations.  In response to a similar legitimacy crisis in the 1990s, the international trade system began a profound paradigm shift, recognizing that trade law was not simply a technical regime for liberalizing economic flows, but a system of treaty-based governance for managing transnational economic resources for the good of society as a whole.  

Investment law …

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Development, Frank J. Garcia Jan 2016

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 …

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