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Trade, inequality, and justice : towards a liberal theory of just trade

Author: Frank J Garcia
Publisher: Ardsley, N.Y. : Transnational Publishers, ©2003.
Series: Series on international law and development.
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
Sumary: "Recent crises in trade policy and globalisation 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  Read more...
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Details

Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Frank J Garcia
ISBN: 1571051791 9781571051790
OCLC Number: 52553700
Description: xx, 218 pages ; 25 cm
Contents: Chapter 1 International Trade, Justice, and the Problem of Inequality --
II. Resisting the Pull of Justice in Trade Discourse 10 --
A. Skepticism and International Justice 10 --
B. Trade Law and the Dismal Science 14 --
III. Trade and Inequality 19 --
A. A Brief History of the Problem 20 --
B. Contemporary Trade Doctrine on the Inequality Problem 31 --
1. Special and Differential Treatment 31 --
a. Market Access 32 --
b. Market Protection 36 --
2. Technical Assistance Programs 38 --
Chapter 2 Trade and Justice --
A. The Philosophical Concept of Justice 45 --
B. The Concept of Justice in Western Philosophy 46 --
1. Justice as Right Order 47 --
2. Distributive and Corrective Justice 48 --
C. International Economic Relations and the Concept of Justice 50 --
1. Justice as Right Order for International Economic Relations 50 --
2. Distributive and Corrective Justice in International Economic Relations 51 --
III. Theories of Liberal Justice 53 --
B. Liberalism 55 --
1. Utilitarianism 57 --
2. Egalitarian Liberalism 59 --
3. Libertarianism 62 --
C. Liberal Justification of Social Acts and Institutions 64 --
IV. Justice as a Moral Obligation in Liberal International Trade 67 --
A. Moral Obligation and Transboundary State Action 67 --
1. Brilmayer's "Vertical Thesis" 67 --
2. Transnational Justice as a Function of Individual Morality 70 --
B. The Logic of Liberal Moral Obligation 75 --
C. International Justice as a Liberal Obligation 77 --
1. International Justice as a Duty to Others: Deontological Justice 77 --
a. International Justice as a Matter of National Rights: The Libertarian Argument 80 --
b. International Justice as Fairness: Rawls' Contractarian Deontological Argument 82 --
2. International Justice as Promoting the Good: Utilitarian Teleological Arguments for Justice 85 --
V. Objections to Justice as a Transboundary Moral Obligation in International Trade Law 86 --
A. Morality Is Not Relevant to International Trade 87 --
1. Territorial Boundaries Circumscribe Moral Obligations 87 --
2. Foreigners' Utility Does Not Count 89 --
3. Justice Is a Property of Relations Within a Community, Not Between Them 90 --
4. Justice Has No Place in a Hobbesian International Order 93 --
B. Morality Is Not Relevant to International Trade Law 96 --
1. International Trade Law Must Be Just as a Condition of Its Status as Law: The Naturalist View 97 --
2. The Status of International Trade Law as Positive Law Does Not Excuse Us from Our Underlying Moral Obligations: The Positivist View 99 --
Chapter 3 Justice and Trade Among Unequal Economies --
II. Toward a Liberal Theory of Just Trade I: Just Trade Is Free Trade 103 --
A. Utilitarian Justice: Free Trade as Maximizing Utility 104 --
B. Libertarian Justice: Free Trade as Economic Liberty 105 --
C. Egalitarian Justice: Free Trade as Fairness 106 --
III. Toward a Liberal Theory of Just Trade II: Just Trade Is Not Merely Free Trade 108 --
A. Trade and Inequality Revisited 108 --
B. Inequality and the Debate Within Liberalism 110 --
1. Utilitarianism and Inequality 110 --
2. Libertarianism and Inequality 115 --
IV. Justice as Fairness in International Economic Relations 119 --
A. Justice as Fairness 120 --
B. Justice as Fairness Across Boundaries 124 --
C. Generating an International Difference Principle 128 --
1. Inequality in Natural Endowments and Social Goods 128 --
2. The International Choice Problem 131 --
3. Principles of International Justice as Fairness 133 --
a. An International Difference Principle 133 --
b. Rawls and an International Difference Principle 137 --
Chapter 4 Justifying Inequalities Through Special and Differential Treatment --
II. The Difference Principle and Trade with Smaller Economies 147 --
A. Justifying Inequalities Through Special and Differential Treatment 148 --
1. Inequality and the Role of the Market 148 --
a. Market Access 149 --
b. Market Protection 150 --
2. Technical Assistance and Unjustified Inequality 153 --
III. Operationalizing the Difference Principle Through Special and Differential Treatment 155 --
A. Contemporary Market Access Doctrine: Unilateral Trade Preferences 156 --
1. U.S. GSP Practice: Unilateralism in Action 156 --
a. Unilateralism 156 --
b. Exclusion of Competitive Goods 159 --
c. Conditionality 162 --
2. Forswearing Unilateralism: Addressing the Moral Failure of Contemporary Trade Preference Practices 162 --
B. Current Market Protection Doctrine: Multilateral Trade Agreements 168 --
1. Limited Non-Reciprocity: Disparate Implementation Periods 169 --
a. The Debate over Time 170 --
b. The Normative Significance of Time 174 --
2. Treating Unequals Unequally: Ensuring Adequate Inequality 177 --
a. Substantively Meaningful Implementation Periods 178 --
b. Across-the-Board Extensions 179 --
c. Ad Hoc Extensions 179 --
C. Contemporary Technical Assistance Doctrine 182 --
1. The "Best Efforts" Problem 183 --
2. Ensuring Adequate Technical Assistance 188 --
Chapter 5 Conclusion: Beyond Special and Differential Treatment --
I. Where Have We Been? 193 --
II. Where We Are Going: Beyond Special and Differential Treatment 196 --
III. Further Justifying Economic Inequalities 198 --
A. Within Trade Law 199 --
1. Technical Assistance 199 --
2. Effective Participation in WTO Processes 200 --
3. Trade Linkage Areas 201 --
4. New Agenda Items: Trade and Migration 202 --
5. WTO Ideology 203 --
B. Justice and International Economic Law 206 --
C. Beyond International Economic Law: Wealth Transfers 207 --
1. Wealth Redistribution and Distributive Justice 208 --
2. Colonialism, Reparations, and the Problem of Corrective Justice 210.
Series Title: Series on international law and development.
Responsibility: Frank J. Garcia.

Abstract:

Sumary: "Recent crises in trade policy and globalisation 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."--Publisher description.
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[T]he book is one of the first to apply abstract theories of justice to concrete questions of international trade law. It also provides a convincing critique of current preferential trade schemes. Read more...

 
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