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Comparative and Foreign Law

Washington Law Review

2011

Articles 1 - 2 of 2

Full-Text Articles in Law

Global Law And The Environment, Robert V. Percival Oct 2011

Global Law And The Environment, Robert V. Percival

Washington Law Review

This Article explores three areas in which globalization is profoundly affecting the development of a global environmental law. First, countries increasingly are borrowing law and regulatory innovations from one another to respond to common environmental problems. Although this is not an entirely new phenomenon, it is occurring at an unprecedented pace. Second, lawsuits seeking to hold companies liable for environmental harm they have caused outside their home countries are raising new questions concerning the appropriate venue for such transnational liability litigation and the standards courts should apply for enforcement of foreign judgments. Third, nongovernmental organizations are playing an increasingly important …


The Limits Of Global Judicial Dialogue, David S. Law, Wen-Chen Chang Oct 2011

The Limits Of Global Judicial Dialogue, David S. Law, Wen-Chen Chang

Washington Law Review

The notion that “global judicial dialogue” is contributing to the globalization of constitutional law has attracted considerable attention. Various scholars have characterized the citation of foreign law by constitutional courts as a form of “dialogue” that both reflects and fosters the emergence of a common global enterprise of constitutional adjudication. It has also been claimed that increasing direct interaction between judges, face-to-face or otherwise, fuels the growth of a global constitutional jurisprudence. This Article challenges these claims on empirical grounds and offers an alternative account of the actual reasons for which constitutional courts engage in comparative analysis. First, it is …