Global Justice and International Economic Law : Three Takes.

Global Justice and International Economic Law : Three Takes.

This book uses three approaches to examine the different ways to conceptualize the problem of global justice and its relationship to trade law.

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Bibliographic Details
Main Author: Garcia, Frank J.
Format: eBook
Language:English
Published: Cambridge : Cambridge University Press, 2013.
Subjects:
Law and globalization.
Distributive justice.
Law > Economic aspects.
Foreign trade regulation.
Distributive justice
Foreign trade regulation
Law and globalization
Law > Economic aspects
Online Access:Click for online access
Table of Contents:
  • Cover; Global Justice and International Economic Law; Title; Copyright; Dedication; Contents; Acknowledgments; Introduction; I. Why Three Takes on Global Justice?; II. Globalization, Justice and the Challenge of Pluralism; III. The Plan of This Book; IV. Closing Thoughts; 1 Take One: International Justice, or Global Justice as the Foreign Policy of Liberal States; A. The Model; 1. Analyzing Liberal State Obligations; 2. Implementing Liberal State Obligations in International Economic Law; a. Liberal Justice and International Trade Law; b. Liberal States and the Bretton Woods Institutions.
  • B. Contributions and Limits of This Model2 Take Two: Globalization and the Possibility of a Global Community of Justice; A. The Model; 1. Communitarian Accounts of Justice; 2. Probing the Communitarian Account of Justice; 3. Globalization and Communities of Justice; a. Globalization and the Circumstances of Justice; i. The Capacity to Help; ii. The Capacity to Harm; b. A Global Community of Knowledge; c. Globalization and Shared Traditions, Practices, and Understandings; i. Shared Understandings and Practices about Markets; ii. Shared Understanding of the Need for Meta-State Institutions.
  • D. Globalization and the Pace of Historye. Recapitulation; 4. What Would a Communitarian Theory of Global Justice Look Like?; B. Contributions and Limits of This Model; 3 Take Three: Global Justice as Consensual Exchange: Consent, Oppression, and the Nature of Trade Itself; A. The Model; 1. Internal Approaches to Law's Normativity; 2. Consent as an Internal Approach; 3. Investigation of Trade as a Human Experience; a. Trade as Exchange; b. Trade as Encounter; c. Trade as Domination; 4. Investigating Trade as a Transaction; a. Trade as an Exchange of Value; 5. What Is Not Trade, and Why.
  • A. Predationb. Coercion; c. Exploitation; d. The Social Costs of Non-Trade; 6. Application of the Model to Trade Agreements
  • CAFTA; a. Nature of the Negotiations; i. Theft and Lack of Representation; ii. Exploitation and Lack of any Real Alternatives; b. Substantive Provisions.; i. Coercion, Exploitation, and the Terms of Market Access; ii. Coercion and Law Reform; iii. Coercion and Dispute Resolution; 7. Recapitulation; B. Contributions and Limits of This Model; 1. Methodological Considerations; 2. Substantive Evaluation; Conclusion; A. Where Have We Been?
  • 1. Rhetorical Modes of Justice: Understanding What We Talk About When We Talk About Global Justice2. Plural Grounding; a. Reasoned Diagnoses of Global Injustice; i. Take One: Global Injustice as Unjustified Inequalities; ii. Take Two: There Is No Truly "Global" Injustice, Just the Suffering of Others; iii. Take Three: Coerced Bargains on a Global Scale; b. Distinctive Rationales for Action on a Global Level; i. Take One: Justifying Inequalities at the Global Level; ii. Take Two: Recognizing Solidarity Beyond Our Borders.

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