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Articles 1 - 28 of 28
Full-Text Articles in Law
Families And The Ethic Of Globordered Markets, Daphna Hacker
Families And The Ethic Of Globordered Markets, Daphna Hacker
Cornell Journal of Law and Public Policy
In this Article, I examine the ethical implications of the impact of what I term globordered markets-that is, the markets created by the intense interactions between national borders and globalization-on families. While the interrelations between "the family" and "the market" have been acknowledged ever since Engels pointed to the connection between private property and the patriarchal family, and more recently in the rich discussions over work-family balance, there remains much more to be explored in this moral domain. In particular, very little scholarly attention has been given to how families are affected by both the global market and the impact …
A Complicated Alchemy: Theorizing Identity Politics And The Politicization Of Migrant Remittances Under Donald Trump's Presidency, Stephen Wilks
A Complicated Alchemy: Theorizing Identity Politics And The Politicization Of Migrant Remittances Under Donald Trump's Presidency, Stephen Wilks
Cornell International Law Journal
Using law to conscript financial technology in aid of state goals is not new. Financial institutions have long been subject to myriad legal and regulatory reporting requirements designed to combat money laundering, enforce economic sanctions, support tax compliance, and interdict the financing of terrorism. Trump's particular approach to this tradition, however, seeks to capitalize on a particularly toxic convergence of race, class, economics, and globalization. America is not alone in its recent experience with surges in right wing, nationalist populism. Globalism's winds have posed challenges to those who have enjoyed the benefits of protectionist trade policies that no longer exist, …
Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo
Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo
Cornell Law Faculty Publications
The article examines the challenges legal education faces as a result of globalisation with specific reference to African law schools. It considers the challenges and ways of meeting them. The practice of law in a globalised world requires a body of knowledge which is both complex and interdisciplinary. It requires the acquisition of a broad range of new skills and techniques of solving legal problems. To equip lawyers with the needed skills to practise law in a globalised world will require changes in the traditional law school curriculum. It will require a curriculum which trains lawyers for the practice of …
Rethinking Free Trade, Fernando L. Leila
Rethinking Free Trade, Fernando L. Leila
Cornell Law School Inter-University Graduate Student Conference Papers
This paper examines the present theories and shortcomings of current free trade policy, and the consequences thereof, which promote protectionist behavior among countries on an international scale. Theoretically, free trade should encourage progress within the global community. However, developing countries, with astonishing growth rates, like Brazil, China or India, have based their economies on opposing economic policies, closer to mercantilism than liberalization or free trade, allowing for poor countries to question whether free trade is the right way to improve their economies. Furthermore, a huge gap exists between what developed countries preach and what they practice, presenting a major obstacle …
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Cornell Law Faculty Publications
This Essay links a particular legal case study with a broader set of questions about the "family" in a global political and economic context. Part I clarifies the analytic links between the household, the market, and globalization. By studying Egypt, the Essay focuses on one part of this global sociolegal continuum and draws out the special significance of transnational background rules and conditions for the "developmental state." Part II presents the legal framework affecting labor conditions of sub-Saharan African asylum-seekers who are migrant domestic workers in Egypt, and particularly the legal framework that affects their ability to bargain in securing …
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Cornell Law Faculty Publications
This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …
The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles
The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles
Cornell Law Faculty Publications
Global private law has become the source of both anxiety and euphoria. Inherent in this fascination is the assumption that global private law threatens the legitimacy of the state by taking over its functions through new techniques of governance. In this article, I build upon research in one arena of global private governance, the production of legal documentation for the global swap markets, to challenge the most prominent assumptions about private law beyond the state. I argue that rather than focusing on how global private law is or is not an artifact of state power, a body of private norms, …
Employing Health Rights For Global Justice: The Promise Of Public Health In Response To The Insalubrious Ramifications Of Globalization , Benjamin Mason Meier
Employing Health Rights For Global Justice: The Promise Of Public Health In Response To The Insalubrious Ramifications Of Globalization , Benjamin Mason Meier
Cornell International Law Journal
No abstract provided.
Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna Ndulo
Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna Ndulo
Cornell International Law Journal
No abstract provided.
Is Global Institutional Reform A False Promise, Christian Barry
Is Global Institutional Reform A False Promise, Christian Barry
Cornell International Law Journal
No abstract provided.
Global Institutional Reform And Global Social Movements: From False Promise To Realistic Hope, Richard W. Miller
Global Institutional Reform And Global Social Movements: From False Promise To Realistic Hope, Richard W. Miller
Cornell International Law Journal
No abstract provided.
Global Institutional Reform And Global Social Movements Are Complementary, Not Opposed, Richard J. Arneson
Global Institutional Reform And Global Social Movements Are Complementary, Not Opposed, Richard J. Arneson
Cornell International Law Journal
No abstract provided.
Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace
Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace
Cornell International Law Journal
A comparative study of the duties & activities of Chief Justices indicates that there is considerable variability in the approach of Chief Justices to such things as judicial administration, oversight, & representation. Information was obtained from an informal survey of Chief Justices from 27 countries who were attending a June 2003 Conference of Chief Justices of Asia & the Pacific. Special attention is given to three key aspects of global judicial education: information transmission, training, & peer exchange. The survey responses indicated that Chief Justices encounter similar challenges & share common purposes; however, there are substantial differences in the extent …
Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin
Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin
Cornell International Law Journal
In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson
Labor And Finance As Inevitably Transnational: Globalization Demands A Sophisticated And Transnational Lens, Katherine V.W. Stone, Timothy A. Canova, Claire Moore Dickerson
Cornell Law Faculty Publications
No abstract provided.
From "Mission-Creep" To Gestalt-Switch: Justice, Finance, The Ifis, And The Intended Beneficiaries Of Globalization, Robert C. Hockett
From "Mission-Creep" To Gestalt-Switch: Justice, Finance, The Ifis, And The Intended Beneficiaries Of Globalization, Robert C. Hockett
Cornell Law Faculty Publications
No abstract provided.
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
Cornell Law Faculty Publications
No abstract provided.
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond
Cornell Law Faculty Working Papers
This article argues that the process of globalization has generated a legitimation deficit that can be the source of wasteful, even destructive, social and political conflict. I stylize this outcome as "the PetroChina Syndrome," after a leading example of the kind of activity generated in response to globalization, the PetroChina Campaign, where a coalition of labor, human rights, environmental, anti-slavery and religious groups worked together to oppose the initial public offering of a major Chinese oil company led by Goldman Sachs. The article begins with a discussion of this important but largely unexplored dimension of the anti-globalization era triggered by …
Poverty Reduction, Trade, And Rights, Chantal Thomas
Poverty Reduction, Trade, And Rights, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas
Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas
Cornell Law Faculty Publications
This Article is the first in a series of studies of the globalization of illicit markets. My theses are as follows: First, the increase in international trade in illicit products and services parallels the growth in international trade more generally that accompanies the phenomenon of globalization. Second, at the same time that most international trade law has moved toward a posture of liberalization, there has been a movement to strengthen the prohibition and punishment of trade in illicit transactions. Third, the mechanisms that have developed to regulate this prohibition constitute a significant development in the international legal order.
Legal Education In Africa In The Era Of Globalization And Structural Adjustment, Muna Ndulo
Legal Education In Africa In The Era Of Globalization And Structural Adjustment, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
Globalization In Financial Services - What Role For Gats?, Chantal Thomas
Globalization In Financial Services - What Role For Gats?, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
The Very Uncertain Prospect Of Global Convergence In Corporate Governance, Douglas M. Branson
The Very Uncertain Prospect Of Global Convergence In Corporate Governance, Douglas M. Branson
Cornell International Law Journal
No abstract provided.
The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King
Cornell International Law Journal
No abstract provided.
Globalization And The Reproduction Of Hierarchy, Chantal Thomas
Globalization And The Reproduction Of Hierarchy, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone
To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone
Cornell Law Faculty Publications
This Article explores the possibilities for effective protection of labor rights in the emerging global labor market. It explores existing forms of transnational labor regulation, including both hard regulation, i.e., regulation by state-centered institutions, and soft regulation, i.e., regulation through private actors responding to market forces. The author finds that existing regulatory approaches are inadequate to ensure that the global marketplace will offer adequate labor standards to its global workforce. She proposes new approaches to global labor regulation, approaches that blend hard and soft law by reshaping market forces and embedding them in a regulatory framework that is protective of …
Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles
Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles
Cornell Law Faculty Publications
This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.