Distributive Justice And World Trade Law

This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.

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.

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.

World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

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.

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.

Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development.In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, 'The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune.'

Trade, Development, and Social Justice examines the greatest challenge currently facing the global trading system: the large and growing divide between the First World and the Third World. This schism threatens to tear apart the GATT-WTO system. Eclectic in both its theme and methodology, Trade and Development positions itself as a moderate book, in both substance and tone. In a world of loud and sometimes violent protests about globalization and its effects on poor countries, this book offers a reasoned and empathetic approach. Using five arguments (Marxist Origins, Capitalist Growth Models, Organizing Trade Rules, Special and Differential Treatment Rules and Trade Rules and Social Justice), this text advances the thesis that international trade law neither is as unjust toward poor countries as critics of the GATT and WTO claim, nor is the law as just toward them as GATT-WTO defenders contend. Bhala uses tools from economic development theory, specifically, from the Marxist-Leninist critique of trade, and from the capitalist models of economic growth constructed by leading economists. The book also uses tools from theology, specifically, Catholic and Islamic concepts, and principles of social justice. Additionally, Trade, Development, and Social Justice proposes specific improvements to make international trade law more socially just. This book is part of the Studies on Globalization and Society Series, edited by Raj Bhala, Rice Distinguished Professor, The University of Kansas School of Law. "This particular assessment is a long overdue analysis of how many participants view the entrenched framework for modern international trade. For anyone seeking balance, this work is a venerable presentation of how nations talk past each other in the supposed world trade dialogue between the Haves and Have-Nots." -- American Society of International Law Newsletter, March 2004