Abstract

http://ssrn.com/abstract=240611
 
 

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Trade and Inequality: Economic Justice and the Developing World


Frank J. Garcia


Boston College - Law School


FSU College of Law, Public Law Working Paper No. 18, Boston College Law School Research Paper No. 2000-02

Abstract:     
This article develops a Rawlsian framework for the evaluation of the justice of contemporary international trade law. Given the problem of inequality between states, liberal justification of the contemporary international economic system requires wealthier states to pursue redistributive policies through international trade law, as a consequence of an international version of Rawls' second principle of justice. In fact, international trade law recognizes the principle of special and different treatment towards developing states, which under this analysis can be seen as one response to the redistributive imperative. If so, then contemporary special and differential treatment practice in the WTO and in U.S. hemispheric trade policy, and in the contemplated Free Trade Area of the Americas, must be significantly reformed if special and differential treatment is to serve as a policy through which wealthier states can discharge their moral obligations, and the article concludes with recommendations for appropriate changes.

Number of Pages in PDF File: 77

Keywords: trade, development, justice, special and differential treatment, Rawls

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Date posted: October 19, 2000  

Suggested Citation

Garcia, Frank J., Trade and Inequality: Economic Justice and the Developing World. FSU College of Law, Public Law Working Paper No. 18, Boston College Law School Research Paper No. 2000-02. Available at SSRN: http://ssrn.com/abstract=240611 or http://dx.doi.org/10.2139/ssrn.240611

Contact Information

Frank Joseph Garcia (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Newton, MA 02459-1163
United States
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