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Full-Text Articles in Law
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Dan Danielsen
The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …
Humanizing The Financial Architecture Of Globalization: A Tribute To The Work Of Cynthia Lichtenstein , Frank J. Garcia
Humanizing The Financial Architecture Of Globalization: A Tribute To The Work Of Cynthia Lichtenstein , Frank J. Garcia
Frank J. Garcia
This Tribute reviews the many contributions by Cynthia Lichtenstein to the literature on international financial markets. When viewed as a whole, Professor Lichtenstein's work suggests that the globalization of the monetary system offers new opportunities for increased human welfare, but only if state and international regulators combine technical expertise with a genuine understanding of the human effects of global markets, much as Professor Lichtenstein does in her own work.
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Frank J. Garcia
In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Building A Just Trade Order For A New Millennium, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Globalization And The Theory Of International Law, Frank J. Garcia
Globalization And The Theory Of International Law, Frank J. Garcia
Frank J. Garcia
The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law, it …
Introduction -- The Trade Linkage Phenomenon: Pointing The Way To The Trade Law And Global Social Policy Of The 21st Century, Frank J. Garcia
Introduction -- The Trade Linkage Phenomenon: Pointing The Way To The Trade Law And Global Social Policy Of The 21st Century, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel
Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
Transnational Corporations, Global Competition Policy, And The Shortcomings Of Private International Law, Gralf-Peter Calliess, Jens Mertens
Transnational Corporations, Global Competition Policy, And The Shortcomings Of Private International Law, Gralf-Peter Calliess, Jens Mertens
Indiana Journal of Global Legal Studies
In this article we criticize the so-called more economic approach to European competition law for disregarding the importance of a functional system of private law. Based on the availability of market governance as an alternative mode for organizing transactions, it is presumed that vertical integration, which is the central organizational structure of transnational corporations, is economically efficient. Since the enforcement of cross-border contracts by state-organized systems of private law, however, is insufficient, "make-or-buy" decisions in international commerce are prejudiced against arms' length transactions in markets. Consequently, international transactions are integrated vertically into firms' structures to a higher degree than comparable …
Global Sex Trade And Women Trafficking In Nigeria, Rasheed O. Olaniyi
Global Sex Trade And Women Trafficking In Nigeria, Rasheed O. Olaniyi
Journal of Global Initiatives: Policy, Pedagogy, Perspective
Academic discourses and policy debates on the phenomenon of women trafficking have focused on the threat of illegal migration, migration management, and the stereotypical linkages between criminality and migration. Such themes neglected the perspectives of trafficking victims and the social context, most especially closed borders and poverty. Obviously, women trafficking constitute one of the anxieties and disruptive effects of globalization. For many women, migration across the polarized economy under the regime of globalization is associated with exploitation, criminalization, and insecurity. This paper argues that trafficking in women reflects inequality on a global scale: transfer of resources from depressed economy to …
Corporate Obligations Under The Human Right To Water, Jernej Letnar Cernic
Corporate Obligations Under The Human Right To Water, Jernej Letnar Cernic
Jernej Letnar Černič
Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realization of the right to water. For example, they can become violators of the right to water where their activities deny access to clean and safe water or where water prices increase without warning. Corporations can have a positive or negative impact on the human rights of individuals, wider communities and indigenous peoples. This paper argues that corporations bear a certain responsibility for the realization …
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Innovations In Governance: A Functional Typology Of Private Governance Institutions, Tracey M. Roberts
Tracey M Roberts
Communities are increasingly looking to private governance institutions, rather than formal government, to set public policy and to manage the environmental and social impacts of globalization. Private governance institutions, sets of rules and structures for governing without government, remain undertheorized despite an expanding literature. Questions remain about why they have arisen, what functions they serve, and whether they are effective. This article advances that literature in several ways. First, the article outlines the inherent limitations of the conventional taxonomy, which groups these institutions based on the identity of their constituent organizations (business interests, civil society, and government entities and their …
O Passado E O Futuro Financeiro Dos Estados Unidos Da America: O Experimentalismo Americano Sem O Excepcionalismo Americano, Tamara Lothian
O Passado E O Futuro Financeiro Dos Estados Unidos Da America: O Experimentalismo Americano Sem O Excepcionalismo Americano, Tamara Lothian
Tamara Lothian
Este trabalho apresenta uma distincao entre a reforma regulatoria financeira e a reconstrucao institucional, e argumenta que os esforcos dos EUA e do outros paises para reformar a regulacao de financas podem e devem servir como um primeiro passo para a reconstrucao institucional. A crise financeira revelou uma serie de problemas que nao podem ser resolvidos atraves da simples regulacao. Tais problemas exigem inovacoes destinadas a reorganizar a relacao das financas com a economia real. Para isso, precisamos de uma pratica de analise juridica e economica atenta as realidades e possibilidades institucionais. Este trabalho exemplifica essa pratica no cenario da …
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint
Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint
Indiana Journal of Global Legal Studies
This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.
Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft
Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft
Indiana Journal of Global Legal Studies
This paper critiques the argument that the U.S. Supreme Court is losing influence among national and constitutional courts worldwide as a result of its nonparticipation in the emerging judicial globalization. It does so, inter alia, by reviewing two examples of how U.S. authority is cited abroad, and concludes that arguments of diminished influence appear overstated, and that changes in U.S. judicial influence are not likely due to attitudes toward citation of foreign law.
Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper
Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper
Indiana Journal of Global Legal Studies
As the need for efficient communication between global participants in academia, business, and politics has grown in recent decades, English has quickly become the dominant universal language in these arenas. Language policy scholars have noted, however, that the rapid spread of English could present a substantial threat to the linguistic diversity of the world, as some scholars have estimated that as many as fifty percent of the world's languages will be extinct by the end of the twenty-first century. This Note argues that the United States' current stance in the area of language education will contribute to this global language …
Global Problems In Domestic Courts, Ralf Michaels
Global Problems In Domestic Courts, Ralf Michaels
Faculty Scholarship
We face an increasing number of problems that are essentially global in nature because they affect the world in its entirety: global cartels, climate change, crimes against humanity; to name a few. These problems require world courts, yet world courts in the institutional sense are largely lacking. Hence, domestic courts must function, effectively, as world courts. Given the unlikelihood of effective world courts in the future, our challenge is to establish under what conditions domestic courts can play this role of world courts effectively and legitimately.
New First Principles? Assessing The Internet's Challenges To Jurisdiction, Teresa Scassa, Robert J. Currie
New First Principles? Assessing The Internet's Challenges To Jurisdiction, Teresa Scassa, Robert J. Currie
Articles, Book Chapters, & Popular Press
The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state jurisdiction over Internet activities as “extraterritorial.” This article examines these challenges in the context of the overall international law of jurisdiction, rather than focusing on …
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
Articles, Book Chapters, & Popular Press
The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state jurisdiction over Internet activities as “extraterritorial.” This article examines these challenges in the context of the overall international law of jurisdiction, rather than focusing on …
A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio
A Grotian Moment: Changes In The Legal Theory Of Statehood, Milena Sterio
Law Faculty Articles and Essays
This article examines the Grotian Moment theory and its practical application toward the legal theory of statehood. To that effect, this article describes, in Part II, the notion of a Grotian Moment. In Part III, it examines the legal theory of statehood in its traditional form. Part IV describes changes in the legal theory of statehood brought about by the forces of globalization in a Grotian Moment manner. These changes include a new notion of state sovereignty and the accompanying right to intervention, the emergence of human and minority rights that sometimes affect state territorial integrity, the existence of de …
Recent Decisions Under The Investment Canada Act: Is Canada Changing Its Stance On Foreign Direct Investment?, Simone Collins
Recent Decisions Under The Investment Canada Act: Is Canada Changing Its Stance On Foreign Direct Investment?, Simone Collins
Northwestern Journal of International Law & Business
With the globalization of the world’s economy, countries have relied heavily on foreign direct investment within their borders to spur domestic economic growth and compete in the global marketplace. Canada, historically a leading destination for foreign investors, has seen its share of global foreign direct investment decline steadily over the past several decades. Most recently, Canada has made waves in the global community by taking positive actions to interfere with foreign acquisitions of Canadian entities, despite the Canadian government’s declarations to global competitors advocating free market principles and denouncing protectionist policies. This article discusses Canada’s procedures governing foreign direct investment …
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Articles by Maurer Faculty
This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …
Baum Lecture 2010, Lee C. Bollinger
Baum Lecture 2010, Lee C. Bollinger
Faculty Scholarship
As part of the Baum Lecture Series at the University of Illinois College of Law, Columbia University President Lee C. Bollinger delivered a lecture on September 14, 2010, on the essential role of a global free press in providing the information needed to understand the many problematic issues we face as a result of globalization. In this presentation, President Bollinger addressed the challenges of maintaining high-quality institutions of American journalism with an international reporting capacity in the face of rapidly changing market forces. He further discussed America’s interest in seeing the rise of a free and independent press in nations …