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Full-Text Articles in Law
Rethinking Free Trade, Fernando L. Leila
Rethinking Free Trade, Fernando L. Leila
Fernando Leila
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 …
Poverty, Wealth And Inequality Through The Lens Of Globalization: Lessons From The United States And Mexico, Lucy A. Williams
Poverty, Wealth And Inequality Through The Lens Of Globalization: Lessons From The United States And Mexico, Lucy A. Williams
Lucy A. Williams
This article seeks to expand the U.S. domestic poverty discourse to incorporate cross-border connections of social welfare policy, low-wage work, immigration and international economic organization. The author looks at the U.S. and Mexico as an example in which these multiple legal discourses can be analyzed. First, I explore the long-standing labor and immigration ties between the two countries, and the creation of a false dichotomy within the U.S. of those in wage work and single parent families receiving social assistance benefits. I then focus on recent changes in U.S. social welfare policy toward single mothers, many of whom are in …
Issues And Challenges In Addressing Poverty And Legal Rights: A Comparative United States/South African Analysis, Lucy A. Williams
Issues And Challenges In Addressing Poverty And Legal Rights: A Comparative United States/South African Analysis, Lucy A. Williams
Lucy A. Williams
This article gives a comparative examination of poverty reduction strategies in the United States and South Africa. Three questions frame the discussion: 1) Are individual legally enforceable entitlements to the benefits of social and economic rights, particularly social assistance benefits, an important or even necessary tool in fighting poverty and realising social and economic rights? 2) Should anti-poverty policy privilege wage work and family contributions? 3) In light of economic globalisation, what problems are associated with viewing poverty-reduction strategies, particularly social welfare programmes, within a framework of nation-states and their subdivisions? Cast in the light of these questions, modern US …
Global Law: The Spontaneous, Gradual Emergence Of A New Legal Order, Joshua D H Karton
Global Law: The Spontaneous, Gradual Emergence Of A New Legal Order, Joshua D H Karton
Joshua Karton
This article argues that the debate over whether international law can apply to non-state actors misses the point. The useful distinction is not between rules that regulate the obligations of states and those that regulate the obligations of non-state actors, but rather between rules that regulate the reciprocal obligations of states to each other (international laws) and rules that set global standards that must be obeyed by all entities, state and nonstate alike, regardless of national laws and boundaries. This latter category is the emerging phenomenon of global law. Global laws take varying forms, but they all seek to bind …
Exit, Voice And International Jurisdictional Competition: A Case Study Of The Evolution Of Taiwan’S Regulatory Regime For Outward Investment In Mainland China, 1997-2008, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
This Article explores the interplay of demand and supply forces in the market for law through international jurisdictional competition led by offshore financial centers. To do so it uses the example of the evolution of a regulatory regime imposed by an onshore jurisdiction, Taiwan, to control outward investment into mainland China (“China-investment”). The argument is that jurisdictional competition brought about by capital mobility or exit will provoke legal changes to prevent the departure of capital when laws reduce the value of remaining within the jurisdiction. The case study is used to examine the extent to which jurisdictional competition fuelled by …