Frank J. Garcia

professor


Frank Garcia

At a glance...
.
Professor
Law School

garciafr@bc.edu

Office Location
Law School
M537A

617.552.6372
   

BACKGROUND

Frank J. Garcia joined the BC Law faculty in 2001. He had been an associate professor at the Florida State University College of Law since 1993. He has served as a Visiting Professor at the University of the Republic in Uruguay, as Visiting Professor at the University of Houston Law Center and as the Katherine A. Ryan Distinguished Visiting Professor at the St. Mary's University School of Law/University of Innsbruck, Austria.

Professor Garcia received his B.A. in Religious Studies from Reed College in 1985, and his J.D. from the University of Michigan Law School in 1989. He was a law clerk for Andrews & Kurth in Texas and Davis Wright Tremaine in Oregon , and an associate in the Oregon firm Stoel Rives Boley Jones & Grey from 1990-1993.

Professor Garcia was a Fulbright Scholar, as well as a professorial fellow at the Law Institute of the Americas, SMU School of Law, and is Associate Director at the Caribbean Law Institute, FSU College of Law. He has served on the Executive Board and as Vice-Chair of the ASIL International Economic Law Interest Group, and as faculty advisor for the Journal of Transnational Law and Policy and the International Law Society at FSU College of Law.

EDUCATION

B.A., Reed College; J.D., University of Michigan.

RECENT ACTIVITIES

Work in Progress:

"Developing a Normative Critique of International Trade Law." (Bremen Working Paper)

"The Moral Hazard Problem in Global Economic Regulation." Working Paper prepared for April 2008 conference The Law of International Business Transactions: A Global Perspective.

"Justice, Bretton Woods Institutions and the Problem of Inequality." In Developing Countries in the WTO Legal System, Chantal Thomas and Joel Trachtman, editors. Oxford University Press (forthcoming 2008)

Presentations: “Is Free Trade ‘Free’? Is it ‘Trade’?” 2006 South-North Exchange on Theory, Culture, and Law, Universidad de los Andes, Bogota, Colombia, in May. “Why International Trade Law Needs a Theory of Justice,” American Society of International Law 2006 Annual Meeting, Washington, DC, in March 2006. "Trade, Justice, and Security," at a conference of the American Society of International Law (ASIL) International Economic Law Interest Group, Washington, DC, in February 2005. "Globalization, Community, and the Theory of International Law," at the ASIL Annual Meeting, Washington, DC, in March 2005.

Appointments: Named a BC Law School Fund Scholar. Appointed to the Executive Board of the ASIL International Legal Theory Interest Group and to the Planning Committee of the ASIL International Economic Law Interest Group

Activities: Visiting professor, University of Paris X, Nanterre, France, in September 2006. Chair of the “Managing Trade Disputes,” panel at the American Political Science Association (APSA) Annual Meeting and Exhibition, Chicago, Illinois, in September 2004.

Other: Joined the APSA and the American Philosophical Association. Named director of the new Law and Justice in the Americas Program at BC Law. Consulted with the Caribbean Regional Negotiating Machinery on proposals concerning international trade and smaller economies, for presentation in Geneva, Switzerland, as part of the Doha Round of WTO negotiations.


COURSES

Fall '07: Comparative Law; Globalization & International Economic Law
Spring '08: International Business Transactions

PUBLICATIONS

  • "A 'Fair' Trade Law of Nations or  a 'Fair' Global Law of Economic Relations?" Alberta Law Review  45: no.2 (November 2007): 303-317.
  • "Is Free Trade 'Free'? Is it Even 'Trade'? Oppression and Consent in Hemispheric Trade Agreements." Seattle Journal for Social Justice 5 (2007): 505-532.
  • "Global Justice and the Bretton Woods Institutions."  Journal of International Economic Law 10: no.3 (September 2007): 461-481.
  • "Why Trade Law Needs a Theory of Justice." American Society of International Law Proceedings of the Annual Meeting  100 (2006): 376-380.
  • Review of The World Trade Organization: Law, Practice and Policy. 2nd ed., by Mitsuo Matsushita, Thomas J. Schoenbaum and Petros C. Mavroidis. Oxford, New York: Oxford University Press, 2006. American Journal of International Law 100 (2006): 991-993.
  • “Globalization and the Theory of International Law.” International Legal Theory 11 (2005): 9-26. (Spanish edition appears as “La Globalización y la Teoría del Derecho Internacional.” Ius et Veritas 32 (2006): 240-246.)
  • “Trade Justice and Security.” In Trade as Guarantor of Peace, Liberty and Security? Critical Historical and Empirical Perspectives, edited by Padideh Alai, Colin B. Picker and Tomer Broude. Washington, DC: American Society of International Law, 2006.
  • “The Salmon Case: Evolution of Balancing Mechanisms for Non-Trade Values in WTO.” In Trade and Human Health and Safety, edited by George A. Bermann and Petros C. Mavroides, 78-96. New York, NY: Cambridge University Press, 2006.
  • "Integrating Trade and Human Rights in the Americas." In International Trade and Human Rights: Foundations and Conceptual Issues (World Trade Volume, Studies in International Economics, volume 5), edited by Christine Breining-Kaufmann, Frederick M. Abbott and Thomas Cottier, 329-356. Ann Arbor, MI: University of Michigan Press, 2006.
  • “Globalization and the Theory of International Law.” International Legal Theory 11 (2005): 9-26.
  • With Soohyun Jun. "Trade-Based Strategies for Combatting Child Labor." In Child Labor and Human Rights: Making Children Matter, edited by Burns H. Weston, 401-424.. Boulder, CO: Lynne Rienner Publishers, 2005.
  • "Legal Borrowing is a Two-Way Street." Boston Globe, Sunday June 5, 2005: D12.
  • "Beyond Special and Differential Treatment." Boston College International and Comparative Law Review 27: no. 2 (2004): 291-318.
  • "Amid Scarcity, Emerging Global Society Requires Justice." The World Paper (September 2004): 5-6.
  • "Trade, Constitutionalism and Human Rights: An Overview." Proceedings of the American Society of International Law 96 (2002): 132-134.
  • Trade, Inequality, and Justice: Toward a Liberal Theory of Just Trade. Ardsley, N.Y.: Transnational Publishers, 2003.
  • "Humanizing the Financial Architecture of Globalization: A Tribute to the Work of Cynthia Lichtenstein." Boston College International and Comparative Law Review 25: no.2 (Symposium: Globalization & the Erosion of Sovereignty in Honor of Professor Lichtenstein) (Spring 2002): 203-212.
  • "Evaluating International Economic Law Dispute Resolution Mechanisms." South Texas Law Review 42: no.4 (Fall 2001) (Symposium: International Economic Conflict and Resolution): 1215-1226.
  • "Building a Just Trade Order for a New Millennium." George Washington International Law Review 33 (2001): 1015-1062.
  • "Protecting the Human Rights Principle in a Globalizing Economy." In Effective Strategies for Protecting Human Rights, vol.2: Prevention and Intervention, Trade and Education, edited by David Barnhizer, 85-112. Aldershot [Eng.]: Ashgate, 2001.
  • Review of The Law of Peoples, by John Rawls. Houston Journal of International Law 23 (Spring 2001): 659-677.
  • "The Usefulness of Which Rawls?" International Legal Theory 6 (2000): 39-41.
  • "Trade and Inequality: Economic Justice and the Developing World." Michigan Journal of International Law 21 (Summer 2000): 975-1049.
  • "The Integration of Smaller Economies into the FTAA." NAFTA: Law and Business Review of the Americas 5 (1999): 221-239.
  • "The Global Market and Human Rights: Trading Away the Human Rights Principle." Brooklyn Journal of International Law 25 (1999): 51-97. (Reprinted in Human Rights, edited by Robert McCorquodale, 359-405. Aldershot, Hants., UK: Ashgate/Dartmouth, 2003.)
  • Review: A Philosophy of International Law, by Fernando Teson. American Journal of International Law 93 (July 1999): 746-749.
  • "Trade and Justice: Linking the Trade Linkage Debates." University of Pennsylvania Journal of International Economic Law 19 (Summer 1998): 391-434.
  • "Introduction -- The Trade Linkage Phenomenon: Pointing the Way to the Trade Law and Global Social Policy of the 21st Century." University of Pennsylvania Journal of International Economic Law 19 (Summer 1998): 201-208.
  • "Careers in International Law." Careers and the Minority Lawyer 3: no.2 (Fall 1998): 42-43.
  • "Decisionmaking and Dispute Resolution in the Free Trade Area of the Americas: An Essay in Trade Governance." Michigan Journal of International Law 18 (Winter 1997): 357-397.
  • "'Americas Agreements' - An Interim Stage in Building the Free Trade Area of the Americas." Columbia Journal of Transnational Law 35 (1997): 63-130.
  • "The FTAA: Building the Framework for 21st Century Trade and Business in the Americas." FSU Law (Winter 1997): 23.
  • Review of Legal Polycentricity and International Law, by Surya P. Sinha. Virginia Journal of International Law 36 (Summer 1996): 1085-1097.
  • "NAFTA and the Creation of FTAA: A Critique of Piecemeal Accession." Virginia Journal of International Law 35 (Spring 1995): 539-586.
  • "Protection of Intellectual Property Rights in the North American Free Trade Agreement: A Successful Case of Regional Trade Regulation." American University Journal of International Law and Policy 8 (Summer 1993): 817-837.