Law Commons^™

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Kish Parella

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …

Outsourcing Corporate Accountability, Kishanthi Parella

Kish Parella

This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …

Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger

Errol Meidinger

Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.

This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Worldwide Access To Foreign Law: International & National Developments Toward Digital Authentication, Claire M. Germain

Claire Germain

This paper was originally presented at the World Library & Information Congress of the International Federation of Library Associations and Institutions (IFLA), Helsinki, Finland, August 2012, as part of a panel on Promoting Global Access to Law: Developing an Open Access Index for Official Authenticated Legal Information, Part II. Europe. http://conference.ifla.org/ifla78/programme-and-proceedings-day/2012-08-14. It focuses on worldwide access to the official word of the law, specifically to statutes, codes, regulations, court decisions, and international agreements in different foreign countries. The importance of improving global access to foreign law was highlighted at a 2012 joint European Commission/Hague Conference on Private International Law, with …

The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry

Laurel S. Terry

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch

Michael Kirsch

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard. These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …

Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen

Peer Zumbansen

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …

When Bad Guys Are Wearing White Hats, Catherine A. Rogers

Catherine Rogers

Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …

Trademark Cosmopolitanism, Sonia K. Katyal

Sonia Katyal

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Bliss

Lisa Radtke Bliss

No abstract provided.

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry

Laurel S. Terry

While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …

Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Laurel S. Terry

When considering the proper scope of the U.S. legal profession’s monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know—and do not know—about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledge on this topic is relatively undeveloped, that the scope of the U.S. legal profession’s monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the “conventional wisdom” may …

Legal Education In The Americas: The Anchor For Hemispheric Justice, Jon L. Mills

Jon L. Mills

No abstract provided.

Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara

Martha Matsuoka

As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …

"Great Expectations" Defeated?: The Trajectory Of Collective Bargaining Regimes In Canada And The U.S. Post-Nafta, Eric Tucker

Eric M. Tucker

From the beginning of the free-trade era one contentious area has been the impact of trade liberalization on labor law. Opponents of NAFTA (and some supporters) predicted a regulatory race to the bottom (RTB) would ensue leading to increasingly deregulated labor markets. The result would be weaker collective bargaining laws, lower minimum standards, and a decline in the social wage. In recent years a number of scholars have examined the question in light of more than fifteen years experience under CUFTA and ten under NAFTA and there seems to be a growing consensus that, contrary to those 'great expectations', labor …

Globalization In Financial Services - What Role For Gats?, Chantal Thomas

Chantal Thomas

No abstract provided.

Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas

Chantal Thomas

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 …

Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas

Chantal Thomas

No abstract provided.

Globalization And The Reproduction Of Hierarchy, Chantal Thomas

Chantal Thomas

No abstract provided.

What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park

Carole Silver

This article addresses one of the central debates regarding globalization: how best to approach liberalizing markets in order to balance the interests of local and non-local actors and institutions. It takes the legal services market as its focus and draws on the South Korean experience as a case study. Korea recently liberalized its regulatory approach to legal services by changing both its method of producing lawyers (including initiating a graduate level law school system and drastically increasing the proportion of bar exam passers) and allowing foreign competition to directly enter its market through foreign law firms and foreign-licensed lawyers working …

Globalization’S Law: Transnational, Global Or Both?, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Globalization And Regulation, Laurel S. Terry

Laurel S. Terry

The Anti-Network: Private Global Governance, Legal Knowledge, And The Legitimacy Of The State, Annelise Riles

Annelise Riles

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, …

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles

Annelise Riles

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

Annelise Riles

No abstract provided.

Legal Education In An Era Of Globalisation And The Challenge Of Development, Muna Ndulo

Muna B Ndulo

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 …

Legal Education In Africa In The Era Of Globalization And Structural Adjustment, Muna Ndulo

Muna B Ndulo

No abstract provided.

From "Mission-Creep" To Gestalt-Switch: Justice, Finance, The Ifis, And The Intended Beneficiaries Of Globalization, Robert C. Hockett

Robert C. Hockett

No abstract provided.

Post Scriptum To Law Making In A Global World: From Human Rights To A Law Of Mankind, Olivier Moreteau

Olivier Moréteau

No abstract provided.