Free Trade and Justice: A Discomfiting Liaison

JULIUS STONE: A STUDY IN INFLUENCE, pp. 145-165, Helen Irving, Jacqueline Mowbray, Kevin Walton, eds., Federation Press, 2010

16 Pages Posted: 11 Feb 2011

Date Written: 2010

Abstract

A primary imperative of the global marketplace is that trade be free of restrictions. As a result, there is an inevitable tension between supra-national treaties designed to facilitate trade and national laws designed to promote social justice. The interests of the former are tending to take precedence over the latter. Not only have wealth and power become the preserve of the few at the expense of the many, the principles of human rights and equal opportunity at work are being subverted.

The paper will argue that free trade is eviscerating social justice initiatives for minority workers and women generally. The use of the exemptions provisions of Australian race discrimination legislation is exemplary. The paper will draw on Hardt and Negri’s idea of globalisation as the new imperialism, which includes new forms of racism. The virtually unanswerable question is whether an impassable aporia exists between free trade and justice, or whether peaceful coexistence is possible.

Keywords: Justice, Equality, Free Trade, Race Discrimination

Suggested Citation

Thornton, Margaret, Free Trade and Justice: A Discomfiting Liaison (2010). JULIUS STONE: A STUDY IN INFLUENCE, pp. 145-165, Helen Irving, Jacqueline Mowbray, Kevin Walton, eds., Federation Press, 2010, Available at SSRN: https://ssrn.com/abstract=1758973

Margaret Thornton (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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