Law Commons^™

High Speed Rail Transit: Developing The Case For Alternative Transportation Schemes In The Context Of Innovative And Sustainable Global Transportation Law And Policy , Kamaal Zaidi

Kamaal Zaidi

This paper examines high-speed rail transit in the context of global transportation law and policy. Given increasing traffic congestion and rising pollution from existing forms of transportation, the author argues that high-speed rail transit is gaining popularity, and is quickly becoming a part of the transportation sector in several nations. The rise of this form of alternative has much to do with a strong commitment from legislators, and from growing partnerships between public and private entities. This commitment comes in the form of funding mechanisms, technological research and development, and application of environmental measures designed to reduce the impact of …

Book Review: Harmonizing Trade Practices In The Eu: Sweet Sounds Or Sour Notes?, James P. Nehf

James P Nehf

This is a book review of a monograph that analyzes the European Union Unfair Commercial Practices Directive. It includes a brief synopsis of the Directive and discusses its likely impact on consumer protection laws in the EU.

"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman

Leon E Trakman Dean

The Common and Civil Law traditions underpin international commercial arbitration. From the doctrine of freedom of contract to the procedures governing arbitral hearings, international arbitration has built its legal culture around these two great traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these legal traditions over modern arbitration. Is the practice of law in the United States too litigious to serve as a viable model for international commercial arbitration? Is the culture of international arbitration unduly steeped in the Common and Civil Law at the expense of other …

New Governance, Compliance, And Principles-Based Securities Regulation, Cristie L. Ford

Cristie L. Ford

The UK securities regulator, the Financial Services Authority, claims that its "principles-based" approach to securities regulation is simply "better" than what it characterizes as the prescriptive, rules-based American approach. The striking shift in financial sector business from New York to London over the last two years has brought the question of the wisdom of principles-based regulation into sharp relief. In fact, an FSA-style regulatory approach may also be taking hold in Canada, through the agency of the province of British Columbia. This paper examines BC's innovative proposals for a principles-based securities regime through the lens of New Governance theory. I …

Who Decides? A Comparative Institutional Approach To International Trade Law, Gregory C. Shaffer

Gregory C Shaffer

ABSTRACT: WHO DECIDES?

A COMPARATIVE INSTITUTIONAL APPROACH TO INTERNATIONAL TRADE LAW

by Gregory Shaffer

Wing-Tat Lee Chair of International Law, Loyola University Chicago School of Law

This article has two core theses. First, as regards the issue of power in global governance, it maintains that meaningful policy choices need to be made from a comparative institutional analytic perspective since no governance mechanism provides for completely unbiased participation or representation of affected interests. All institutions are imperfect. Resource asymmetries are always present. Thus, while it is important to examine the role of power in global governance, a risk of choosing power …

Child Laundering As Exploitation: Applying Anti-Trafficking Norms To Intercountry Adoption Under The Coming Hague Regime, David M. Smolin

David M. Smolin

Child laundering occurs when children are illicitly obtained by fraud, force, or funds, and then processed through false paperwork into "orphans" and then adoptees. Child laundering thus involves illegally obtaining children by abduction or purchase for purposes of adoption. My prior work has documented and analyzed the widespread existence of child laundering in the intercountry adoption system. This article argues that child laundering is a form of exploitation, and hence qualifies as a form of human trafficking. Once child laundering is understood as an exploitative form of child trafficking, legal and ethical norms currently applied to human trafficking become applicable. …