Global Justice and International Economic Law: Opportunities and Prospects (ASIL Studies in International Legal Theory)
By: John Linarelli (editor), Chi Carmody (editor), Frank J. Garcia (editor)Hardback
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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.
Chios Carmody is an Associate Professor of Law at the University of Western Ontario Faculty of Law, where he has taught since 1999. He also serves as Canadian Director of the Canada-United States Law Institute. He has been a visiting professor at Georgetown University Law Center and an Emile Noel Fellow at the Jean Monnet Center for Regional and International Economic Law and Justice, NYU Law School. Frank J. Garcia is a Professor of Law at the Boston College Law School. A Fulbright Scholar, he has lectured widely on globalization and international economic law in Europe, South America and Asia. He has served on the Executive Boards of the International Economic Law and International Legal Theory Interest Groups of the American Society of International Law and on the editorial board of the Journal of International Economic Law. John Linarelli is Professor of Law and Legal Theory and Head of School at Swansea University School of Law. He has held positions in both American and British law schools. He has written extensively on international economic law, transnational commercial law, and legal theory. He has served on the executive board of the International Legal Theory Interest Group of the American Society of International Law and currently serves as the Group Chair.
Part I. Theorizing Justice in International Economic Institutions: 1. Approaching global justice through human rights: elements of theory and practice Carol C. Gould; 2. Global equality of opportunity as an institutional standard of distributive justice Daniel Butt; 3. Human persons, human rights, and the distributive structure of global justice Robert C. Hockett; 4. Global economic fairness: internal principles Aaron James; Part II. How Justice Gets Done in International Economic Institutions: 5. The conventional morality of trade Chin Leng Lim; 6. The political geography of distributive justice Jeffrey L. Dunoff; 7. Democratic governance, distributive justice and development Chantal Thomas; Part III. Skepticism about the Role of Justice in International Economic Institutions: 8. Global justice and trade Fernando Teson and Jonathan Klick; 9. Jam tomorrow: a critique of international economic law Barbara Stark; 10. Doing justice: the economics and politics of international distributive justice Joel P. Trachtman.
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