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Anarchy, Order, And Trade: A Structuralist Account Of Why A Global Commercial Legal Order Is Emerging, Bryan H. Druzin
Anarchy, Order, And Trade: A Structuralist Account Of Why A Global Commercial Legal Order Is Emerging, Bryan H. Druzin
Vanderbilt Journal of Transnational Law
While still fragmented, the world is witnessing the emergence of a global commercial legal order independent of any one national legal system. This process is unfolding both on the macrolevel of state actors as well as on the microlevel of private individuals and organizations. On the macrolevel, the sources of this legal order are complex international agreements; on the microlevel, private contracts employing commercial customary practices and arbitration are driving this process forward. Yet there is no comparable evolution occurring (in any substantial sense) in noncommercial areas of law such as criminal, tort, or family law. There is an overall …
Foreign Direct Investment In The United States And Canada: Fractured Neoliberalism And The Regulatory Imperative, Gil Lan
Vanderbilt Journal of Transnational Law
Although both Canada and the United States review foreign investment for national security concerns, Canada also requires that the investment be of "net benefit" to Canada. Recent investments by state-owned enterprises (SOEs) and sovereign wealth funds (SWFs) have prompted the suggestion that the United States should also adopt a net benefit or economic test. This Article argues that the United States should not adopt the Canadian approach. The Canadian approach attempts to screen out foreign public entities and requires that they act in a "commercial" manner. This approach is based on two assumptions. First, it assumes that one can segregate …
Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard
Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard
Vanderbilt Journal of Transnational Law
Piracy has reemerged with a vengeance in the twenty-first century. Although it is confined primarily to the horn of Africa, piracy poses a significant problem to commercial shipping companies that need to traverse the Gulf of Aden for business. In response to modern-day piracy, shipowners have begun to employ privately armed contractors for protection. Countries and international organizations have recently developed regulations to address this growth in private maritime security. This Note analyzes both international and domestic regulatory regimes for privately armed contractors with a specific focus on the United States and Norway. This Note concludes that current U.S. regulations …