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Full-Text Articles in Law
Globalization And The Environment: Why All The Fuss?, David A. Wirth
Globalization And The Environment: Why All The Fuss?, David A. Wirth
David A. Wirth
The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements …
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Frank J. Garcia
In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
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
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
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
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, 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
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
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Globalization And The Theory Of International Law, Frank J. Garcia
Globalization And The Theory Of International Law, Frank J. Garcia
Frank J. Garcia
The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law, it …
Introduction -- The Trade Linkage Phenomenon: Pointing The Way To The Trade Law And Global Social Policy Of The 21st Century, Frank J. Garcia
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.
...And The Twain Shall Meet?, Lance A. Compa
...And The Twain Shall Meet?, Lance A. Compa
Lance A Compa
[Excerpt] No country or company should gain a commercial edge in international trade by jailing or killing union organizers, crushing independent union movements, or banning strikes. Gaining an advantage in labor costs should not depend on exploiting child labor or forced labor, or discriminating against women or oppressed ethnic groups. Deliberately exposing workers to life-threatening safety and health hazards, or holding wages and benefits below livable levels should not be permissible corporate strategies. But these are exactly the abuses that happen all too often in a rapidly globalized world trading system based on "free trade."
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Tracey M Roberts
Communities are increasingly looking to private governance institutions, rather than formal government, to set public policy and to manage the environmental and social impacts of globalization. Private governance institutions, sets of rules and structures for governing without government, remain undertheorized despite an expanding literature. Questions remain about why they have arisen, what functions they serve, and whether they are effective. This article advances that literature in several ways. First, the article outlines the inherent limitations of the conventional taxonomy, which groups these institutions based on the identity of their constituent organizations (business interests, civil society, and government entities and their …