Author: Frank Garcia Publisher: BRILL ISBN: 9004480153 Category : Law Languages : en Pages : 238
Book Description
Recent crises in trade policy and globalization highlight both the problematic role of economic inequality in international trade law and the shortcomings of contemporary, largely economic, approaches to this problem and to international trade law generally. This book argues for an alternative approach to the problem of trade and inequality, as a problem of justice. Drawing on political and moral theory and legal philosophy, the author develops a Rawlsian model for justice as fairness in international trade law. This model highlights the important normative role of the principle of special and differential treatment, which can justify economic inequality by making the wealthy markets of developed states work to the benefit of smaller economies, thus satisfying the difference principle as applied to international economic relations. Applying this model to contemporary trade law, the author offers concrete proposals for modifying existing special and differential treatment doctrine, and suggests ”second generation” policies for the problem of inequality once special and differential treatment is either fully implemented or rendered obsolete. Published under the Transnational Publishers imprint.
Author: Frank J. Garcia Publisher: Cambridge University Press ISBN: 1107355419 Category : Law Languages : en Pages : 361
Book Description
For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure.
Author: Chi Carmody Publisher: Cambridge University Press ISBN: 1139503510 Category : Law Languages : en Pages : 321
Book Description
Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.
Author: Rev. Dr. Alphonsus Ihuoma Publisher: AuthorHouse ISBN: 154624445X Category : Religion Languages : en Pages : 512
Book Description
The Holy See, Social Justice, and International Trade Law: Assessing the Social Mission of the Catholic Church in the GATT-WTO System highlights the uniqueness of the Catholic Church as the foremost institution in the world that can confront issues in world trade that affect the common good. The distinguished author Rev. Dr. Alphonsus Ihuoma provides a superbly broad and deep examination that is both scholarly and practical of the mission of the Catholic Church in the world as one that centers on the temporal and eternal needs of humanity. His discussion treats thoughtfully the mediatory role of the church in world affairs and argues persuasively that the church has been engaged in this role since its very beginning, even before nations embraced organized politics two thousand years ago. This remarkable book is a great tool for any reader seeking to know more about the unique position of the church in world affairs, especially in the GATT-WTO system. The book rightly lauds the churchs achievements in history. But it equally and rightly argues that the church must do more to address present challenges in the world trading system. Readers will be enlightened by the treatment of the failures of the GATT-WTO system in pursing the objectives for which it was established, the churchs efforts to pursue vital related objectives, and the need for her to do more.
Author: Chantal Thomas Publisher: Oxford University Press ISBN: 0190452463 Category : Law Languages : en Pages : 544
Book Description
With contributions from some of the leading experts in international trade, law, and economics, Joel P. Trachtman and Chantal Thomas have compiled a comprehensive volume that looks at the positioning of developing countries within the WTO system. These chapters address some of the most pressing issues facing these countries, while reflecting on Robert E. Hudec's groundbreaking book, Developing Countries in the GATT Legal System. In his landmark contribution, Hudec argued against preferential and non-reciprocal treatment for developing countries. He did so on the basis of a combination of economic, political and legal insights that persuasively demonstrated that non-reciprocal treatment would not benefit developing countries. It is a testament to Hudec's legacy that his analysis is still the object of scholarly discussion more than 20 years later. The first part of this book evaluates the general situation of developing countries within the WTO. The second part examines market access and competition law within these countries. Lastly, it discusses the special arrangements these countries have with international financial institutions, the developing country's capacity to litigate, and an analysis of the country's level of participation in WTO dispute settlements.
Author: Steven R. Ratner Publisher: OUP Oxford ISBN: 0191009105 Category : Law Languages : en Pages : 500
Book Description
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Author: Daniel Bethlehem Publisher: Oxford University Press ISBN: 0191552445 Category : Law Languages : en Pages :
Book Description
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalisation. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations. Oxford Handbooks offer authoritative and up-to-date surveys of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.
Author: Frank Garcia
Author: Frank J. Garcia
Author: Oisin Suttle
Author: Chi Carmody
Author: Rev. Dr. Alphonsus Ihuoma
Author: Chantal Thomas
Author: Nandang Sutrisno
Author: James Christensen
Author: Steven R. Ratner
Author: Daniel Bethlehem