Hostname: page-component-745bb68f8f-b6zl4 Total loading time: 0 Render date: 2025-01-27T14:55:00.345Z Has data issue: false hasContentIssue false
  • English
  • Français

Why Trade Law Needs a Theory of Justice

Published online by Cambridge University Press:  28 February 2017

Frank J. Garcia
Frank J. Garcia*
Affiliation:
Boston College Law School
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Just Trade Under Law: Do We Need a Theory of Justice for International Trade Relations?
Information
Proceedings of the ASIL Annual Meeting , Volume 100 , 2006 , pp. 376 - 380
Copyright
Copyright © American Society of International Law 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Throughout these remarks, I summarize arguments which I make at greater length in my book on trade, justice, and the problem of inequality. See Frank J. Garcia, Trade, Inequality and Justice: Toward A Liberal Theory of Just Trade (2003).

2 I am currently working on a fuller treatment of this phenomenon. A preliminary draft is available as Globalization, Global Community and the Possibility of Global Justice, Boston College Law School Legal Studies Research Paper Series No. 56 (Feb. 3, 2005), available at <http://www.ssrn.com/abstract=661564>.

3 Pauwelyn, Joost, Book Review: Just Trade (reviewing Trade, Inequality and Justice: Toward A Liberal Theory of Just Trade), 37 Geo. Wash. Int’l. L. Rev. 101 (2005)Google Scholar.

4 This is one reason why in my book, I try to suggest what just trade might involve for wealthy liberal states in particular. It has also been recently argued that the justice concepts of particularly influential states such as the U.S. have a disproportionate impact on the normative approach of multi-lateral institutions such as the WTO, Americo Beviglia Zampetti, Fairness in the World Economy (2006).

5 Garcia, Frank J., Trade, Justice and Security, in Trade As Guarantor of Peace, Liberty & Security? (Ala’i, Padideh et al., eds.) (ASIL Studies in Transnational Legal Policy, 2006)Google Scholar.

6 See Remarks by Christian Barry, infra p. 380.

7 Hillel Steiner, Exploitation Among Nations (manuscript on file with author).

8 Simon Caney, Justice Beyond Borders (2005).

9 Luis Cabrera, Political Theory of Global Justice (2004).

10 That is one way to understand the Doha agenda. See Garcia, Frank J. Beyond Special and Differential Treatment, 27 B. C. Int’l & Comp. L. Rev. 291 (2004)Google Scholar.

11 Linarelli, John, Principles of Fairness for International Economic Treaties, in Trade As Guarantor of Peace, Liberty & Security? (Ala’i, Padidah et al., eds.) (ASIL Studies in Transnational Legal Policy, 2006)Google Scholar.

12 Gathii, James, Fairness as Fidelity to Making the WTO Fully Responsive to All its Members, 97 ASIL Proc. 157 (2003)Google Scholar.

13 See Remarks by Susan Esserman, infra p. 384.

14 Supra note 3, at 112-14.

15 Pogge, Thomas, Severe Poverty as a Human Rights Violation, in Freedom From Poverty As A Human Right Who Owes What to the Very Poor (Pogge, Thomas W. ed., forthcoming)Google Scholar.

16 Petersmann, Ernst-Ulrich, Theories of Justice, Human Rights, and the Constitution of International Markets, 37 Loy. La. L. Rev. 407 (2003)Google Scholar.