Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Globalization

Discipline
Institution
Publication
Publication Type
File Type

Articles 1 - 25 of 25

Full-Text Articles in Law

[Review Of The Book Environmental Regulations And Corporate Strategy: A Nafta Perspective], Lance A. Compa Dec 2000

[Review Of The Book Environmental Regulations And Corporate Strategy: A Nafta Perspective], Lance A. Compa

Articles and Chapters

[Excerpt] What can proponents of liberalized international trade do about barriers to trade erected in the name of environmental protection? What can corporate strategists do to expand their firms' trade opportunities in new institutional frameworks linking trade and environmental protection? The Canadian authors of Environmental Regulations and Corporate Strategy address these questions from backgrounds in management studies, economics, political science, international relations, and law. Drawing on each discipline, they set out an ambitious goal: "a new and unified model" for corporate strategy and public policy that reconciles trade promotion and environmental concerns.


Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv Oct 2000

Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv

Indiana Journal of Global Legal Studies

No abstract provided.


The Globalization Of Baseball: A Latin American Perspective, Angel Vargas Oct 2000

The Globalization Of Baseball: A Latin American Perspective, Angel Vargas

Indiana Journal of Global Legal Studies

No abstract provided.


The Globalization Of Baseball: Reflections Of A Sports Writer, Leonard Koppett Oct 2000

The Globalization Of Baseball: Reflections Of A Sports Writer, Leonard Koppett

Indiana Journal of Global Legal Studies

No abstract provided.


The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen Oct 2000

The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen

Indiana Journal of Global Legal Studies

No abstract provided.


Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto Oct 2000

Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto

Law and Contemporary Problems

Rather than the desire for economic liberalization bringing about political democratization, the struggles against autocracy have created an opening for economic liberalization. While undermining partriarchy and hierarchy, anti-authoritarian movements have also paved the way for post-industrial capitalism, with its emphasis on information management, flexible working conditions, and a global outlook.


Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Editor Jul 2000

Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Editor

International Bulletin of Political Psychology

This article discusses human trafficking for economic reasons and its context.


Globalization And The Reproduction Of Hierarchy, Chantal Thomas Jul 2000

Globalization And The Reproduction Of Hierarchy, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann Jul 2000

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Scholarly Works

Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional criminal procedure ...


International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman Jun 2000

International Bankruptcy: In Defense Of Universalism, Andrew T. Guzman

Michigan Law Review

The globalization of business activity is rightfully celebrated as one of the triumphs of the second half of the twentieth century. The benefits stemming from the globalization of commerce are substantial, but international transactions also bring with them important challenges for the world's legal systems. Traditionally, national governments could focus on their domestic economies without undue attention to international issues. Today, however, a country's policymakers must respond to the growth in international business activity with appropriate legal changes. Failure to do so will cause their legal regimes to fall further and further out of step with the needs ...


The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki Jun 2000

The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki

Michigan Law Review

Universalism - the idea that a multinational debtor's "home country" should have worldwide jurisdiction over its bankruptcy - has long had tremendous appeal to bankruptcy professionals. Yet, the international community repeatedly has refused to adopt conventions that would make universalism a reality. In an article published last year, I proposed an explanation. Universalism can work only in a world with essentially uniform laws governing bankruptcy �nd priority among creditors - a world that does not yet exist. Because it is impossible to fix the location of a multinational company in a global economy, the introduction of universalism in current world circumstances would ...


Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse Jun 2000

Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse

Michigan Law Review

Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by ...


Legal Language In The Age Of Globalization: Prospects And Dilemmas, Patricia Fernández-Kelly Apr 2000

Legal Language In The Age Of Globalization: Prospects And Dilemmas, Patricia Fernández-Kelly

University of Michigan Journal of Law Reform

To appreciate the significance of the preceding articles, it is necessary to consider their implications in a broad context. As territorial borders become more and more permeable to the movements of capital, and as advanced technology joins even the most remote geographical areas, people throughout the world face new provocations and opportunities. Fears of cultural obliteration are being met with revitalized expressions of resistance. In the new global landscape, language plays a paramount role. The putative universality of English, for example, parallels the multiplication of vernacular idioms evolving as part of attempts to preserve cultural integrity. Yet, the counterpoint between ...


Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend Jan 2000

Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend

Northwestern Journal of International Law & Business

This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual ...


The Rise Or The Fall Of International Law?, Edith Brown Weiss Jan 2000

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Fordham Law Review

No abstract provided.


Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver Jan 2000

Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver

Articles by Maurer Faculty

The article examines the international activities of various segments of the U.S. legal profession and analyzes the impact of these activities on the domestic market in legal services. It takes an empirical approach to the question of how international activities have shaped the profession by chronicling the foreign office activity of more than 70 of the largest U.S. firms. The data presented facilitates new insight into the ways in which U.S. lawyers participate in the international market in legal services. The article reveals that internationalization has resulted in the homogenization of the largest U.S. firms, as ...


A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler Jan 2000

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman Jan 2000

Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman

Michigan Journal of International Law

This Article has four sections. The first recounts the history of the OECD, from its creation as the overseer of the Marshall Plan to its current prominence as global economic analyst, and explains its operations. The second section explores its influence on the development of labor rights, examining the well-known OECD Guidelines for Multinational Enterprises, publications on trade and labor by the Employment, Labor and Social Affairs Directorate, and the events surrounding South Korea's accession to the OECD. Each of these activities, though quite different from one another (and, in combination, very different from the activities of other IGOs ...


International Courts And American Courts, A. Mark Weisburd Jan 2000

International Courts And American Courts, A. Mark Weisburd

Michigan Journal of International Law

This article seeks to deal systematically with a number of issues necessarily raised in any consideration of the relationships between American courts and international tribunals. The first section sets out the facts of Breard. The next discusses the scope of the obligations imposed by the Statute of the ICJ. The third section considers the constitutional questions at least implicit in Breard; in particular, it seeks to address the tantalizing question left open by Holmes in Missouri v. Holland: what is the "different way" in which "qualifications to the treaty-making power" are to be determined? The final substantive section seeks to ...


Globalization, Tax Competition, And The Fiscal Crisis Of The Welfare State, Reuven S. Avi-Yonah Jan 2000

Globalization, Tax Competition, And The Fiscal Crisis Of The Welfare State, Reuven S. Avi-Yonah

Articles

This Article examines the increased use of tax incentives as weapons in the international competition to attract investment. Professor Avi-Yonah argues that the establishment of tax havens allows large amounts of capital to go untaxed, depriving both developed and developing countries of revenue and forcing them to rely on forms of taxation less progressive than the income tax. He points to social insurance programs, many of which are already on uncertain courses as aging populations imperil their fiscal health, as likely to bear the brunt of the revenue loss that tax havens cause. Professor Avi-Yonah contends that both economic efficiency ...


Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane Jan 2000

Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane

All Faculty Scholarship

This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century.


Globalization Or Global Subordination? Latcrit Links The Global To The Local And The Local To Global, Sylvia R. Lazos Jan 2000

Globalization Or Global Subordination? Latcrit Links The Global To The Local And The Local To Global, Sylvia R. Lazos

Scholarly Works

Professor Lazos introduces the fifth and final cluster of this LatCrit IV Symposium, International Linkages and Domestic Engagement, which includes five important contributions to LatCrit IV's focus on global issues by Professors Timothy Canova, Gil Gott, Tayyab Mahmud, Ediberto Roman, and Chantal Thomas. The introduction below sketches out, by way of illustration only, how some of the work already presented in this symposium cultivates the linkage between local racial formation and global market dynamics. The introduction then explores LatCrit's contribution to the critique of globalism.


The Perils Of Globalization And The World Trading System, John H. Jackson Jan 2000

The Perils Of Globalization And The World Trading System, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The post-World War II world trading system is now more than fifty years old, and not surprisingly, it has evolved through a number of different stages of development and survived a series of perils. Recently, however, the perils seem even greater than before. The failure of the Seattle Ministerial Meeting of November-December 1999 focused the attention of the international community, almost like a prospective execution focusing the attention of the targeted person. A number of different factors have contributed to this perilous situation, and in this brief Essay, I want to look particularly at some of the institutional characteristics of ...


Globalization And Federalism In A Post-Printz World, Mark V. Tushnet Jan 2000

Globalization And Federalism In A Post-Printz World, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Article uses the recent Supreme Court decision in Crosby v. National Foreign Trade Council as the vehicle for examining the way in which the U.S. constitutional law of federalism might be responding to globalization. Part II develops the argument that globalization as such has no strong implications for domestic constitutional law. The remainder of the Article examines the U.S. constitutional response to the aspect of globalization revealed in Crosby, and argues that the Court's decision in Crosby is in tension with its other federalism decisions. But, the Article argues, that tension arises not from the fact ...


"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis Dec 1999

"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis

Hope Lewis

These remarks were delivered at the 93rd Annual Meeting of the American Society of International Law (24-27 March 1999, Washington, DC) for a panel on the rule of law vs. cultural authority. The reality for working-class Afro-Caribbean women migrants (called "lionheart gals" by one Caribbean feminist organization) is that both "the rule of law" and "cultural authority" can enhance, or undermine, the protection of fundamental human rights. For lionheart gals, the choice is not between a liberating rule of law and a static, cocoonlike cultural authority. For them, the primary imperative is to use law and culture in a creative ...