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Conclusion to "Global Justice and International Economic Law: Opportunities and Prospects"

Frank Joseph Garcia

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Abstract

Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the World Trade Organization, states have continued to develop institutions and legal infrastructure to promote global interdependence. International economic law, a field dominated by legal regimes to liberalize international trade but that also includes international financial law and international law relating to economic development, has become a dense web of treaty commitments at the multilateral, regional, and bilateral levels. 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. What is needed is a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent, and the solutions that international economic law and institutions might facilitate. This volume brings 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. In this Introduction, the editors map the terrain and introduce the contributions of each chapter author to this overall inquiry into the relationship between global justice and international economic law.

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Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the World Trade Organization, states have continued to develop institutions and legal infrastructure to promote global interdependence. International economic law, a field dominated by legal regimes to liberalize international trade but that also includes international financial law and international law relating to economic development, has become a dense web of treaty commitments at the multilateral, regional, and bilateral levels. 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. What is needed is a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent, and the solutions that international economic law and institutions might facilitate. This volume brings 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. In this Introduction, the editors map the terrain and introduce the contributions of each chapter author to this overall inquiry into the relationship between global justice and international economic law.

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Available abstract

Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the World Trade Organization, states have continued to develop institutions and legal infrastructure to promote global interdependence. International economic law, a field dominated by legal regimes to liberalize international trade but that also includes international financial law and international law relating to economic development, has become a dense web of treaty commitments at the multilateral, regional, and bilateral levels. 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. What is needed is a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent, and the solutions that international economic law and institutions might facilitate. This volume brings 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. In this Introduction, the editors map the terrain and introduce the contributions of each chapter author to this overall inquiry into the relationship between global justice and international economic law.

Key concepts: International economic law, Political science, International law, Treaty, International trade law, Economic Justice, Comparative law, Law

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