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Full-Text Articles in Law
Luck, Justice And Systemic Financial Risk, John Linarelli
Luck, Justice And Systemic Financial Risk, John Linarelli
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Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from first-time homebuyers to Wall Street financiers, acted in ways beneficial to themselves individually, but which together caused substantial collective harm. Two kinds of risk are at play in complex chains of transactions in financial markets: ordinary market risk and systemic risk. Two moral questions are relevant in such cases. First, from the standpoint of interactional morality, does a person have a moral duty to avoid risk of …
Concept And Contract In The Future Of International Law, John Linarelli
Concept And Contract In The Future Of International Law, John Linarelli
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This is an article written for a symposium on Joel Trachtman’s book, The Future of International Law. I first deal with the contractarian features of Trachtman’s approach to understanding international law. Using the tools of new institutional economics and constitutional economics, Trachtman seeks to describe the features of an international legal system. This is positive political theory or at least relates substantially to the methods of positive political theory. I explore a different approach, one connecting to normative political theory. In its ambitious sense, my approach would see international law as a form of moral argument, but in its modest …
Redesigning Global Trade Institutions, John Linarelli
Redesigning Global Trade Institutions, John Linarelli
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This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core …
The Economics Of Private Law Harmonization, John Linarelli
The Economics Of Private Law Harmonization, John Linarelli
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No abstract provided.
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
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No abstract provided.
China And The Gatt Agreement On Government Procurement, John Linarelli
China And The Gatt Agreement On Government Procurement, John Linarelli
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No abstract provided.