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Transnational Law Commons

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1994

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Articles 1 - 30 of 51

Full-Text Articles in Transnational Law

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Perspectives On Sovereignty In The Current Context: An American Viewpoint, Richard B. Bilder Jan 1994

Perspectives On Sovereignty In The Current Context: An American Viewpoint, Richard B. Bilder

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Jonathan Fried And Gary Horlick, Discussion Jan 1994

Discussion After The Speeches Of Jonathan Fried And Gary Horlick, Discussion

Canada-United States Law Journal

No abstract provided.


Where There Is A Will, There Is A Way: Cooperation In Canada-U.S. Antitrust Relations, Lawson A. W. Hunter, Susan M. Hutton Jan 1994

Where There Is A Will, There Is A Way: Cooperation In Canada-U.S. Antitrust Relations, Lawson A. W. Hunter, Susan M. Hutton

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Stanley M. Spracker And J. Christopher Thomas, Discussion Jan 1994

Discussion After The Speeches Of Stanley M. Spracker And J. Christopher Thomas, Discussion

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of Joel P. Trachtman, Discussion Jan 1994

Discussion After The Speech Of Joel P. Trachtman, Discussion

Canada-United States Law Journal

No abstract provided.


Coercion Or Cooperation; Social Policy And Future Trade Negotiations, Michael Hart Jan 1994

Coercion Or Cooperation; Social Policy And Future Trade Negotiations, Michael Hart

Canada-United States Law Journal

No abstract provided.


Sovereignty And Human Rights, Robert F. Drinan Jan 1994

Sovereignty And Human Rights, Robert F. Drinan

Canada-United States Law Journal

No abstract provided.


When Sovereignties May Collide: In The Antitrust Area, Joseph P. Griffin Jan 1994

When Sovereignties May Collide: In The Antitrust Area, Joseph P. Griffin

Canada-United States Law Journal

No abstract provided.


Sovereignty And International Trade Regulation, Gary N. Horlick Jan 1994

Sovereignty And International Trade Regulation, Gary N. Horlick

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Richard B. Bilder And Donat Pharand, Discussion Jan 1994

Discussion After The Speeches Of Richard B. Bilder And Donat Pharand, Discussion

Canada-United States Law Journal

No abstract provided.


Conference Opening, Henry T. King Jr. Jan 1994

Conference Opening, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of Robert F. Drinan, S.J., Discussion Jan 1994

Discussion After The Speech Of Robert F. Drinan, S.J., Discussion

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Joseph P. Griffin And Lawson A. W. Hunter, Discussion Jan 1994

Discussion After The Speeches Of Joseph P. Griffin And Lawson A. W. Hunter, Discussion

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Charles Levy And W.L. Hayhurst, Discussion Jan 1994

Discussion After The Speeches Of Charles Levy And W.L. Hayhurst, Discussion

Canada-United States Law Journal

No abstract provided.


Sovereignty And The Regulation Of International Business In The Environmental Area: A Canadian Viewpoint, J. Christopher Thomas Jan 1994

Sovereignty And The Regulation Of International Business In The Environmental Area: A Canadian Viewpoint, J. Christopher Thomas

Canada-United States Law Journal

No abstract provided.


Sovereignty And The Regulation Of International Business In The Environmental Area: An American Viewpoint, Stanley M. Spracker Jan 1994

Sovereignty And The Regulation Of International Business In The Environmental Area: An American Viewpoint, Stanley M. Spracker

Canada-United States Law Journal

No abstract provided.


The Canadian Cultural Industries Exemption Under Canada-U.S. Trade Law, Donald S. Macdonald Hon. Jan 1994

The Canadian Cultural Industries Exemption Under Canada-U.S. Trade Law, Donald S. Macdonald Hon.

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of The Honorable Donald S. Macdonald, Discussion Jan 1994

Discussion After The Speech Of The Honorable Donald S. Macdonald, Discussion

Canada-United States Law Journal

No abstract provided.


Closing Remarks, Henry T. King Jr. Jan 1994

Closing Remarks, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Masthead, Volume 20 (1994) Jan 1994

Masthead, Volume 20 (1994)

Canada-United States Law Journal

No abstract provided.


Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson Jan 1994

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Journal Articles

This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …


China And The Gatt Agreement On Government Procurement, John Linarelli Jan 1994

China And The Gatt Agreement On Government Procurement, John Linarelli

Scholarly Works

No abstract provided.


Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr. Jan 1994

Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.

Vanderbilt Journal of Transnational Law

Should the Fourth Amendment reach abroad to protect noncitizens when United States law enforcement agents conduct searches and seizures in a foreign state? The courts have assumed this to be a closed question since 1990, when the Supreme Court, in a broadly worded plurality opinion by Chief Justice Rehnquist, asserted that the Amendment protects only citizens and other members of the "national community." However, as this Article points out, the Chief Justice's plurality opinion in United States v. Verdugo-Urquidez did not represent the judgment of a majority of the Court and therefore does not foreclose continued consideration of the scope …


International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón Jan 1994

International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón

Scholarly Publications

What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …


Volume 20, Canada-United States Law Journal Jan 1994

Volume 20, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


The Limitations Of Sovereignty From Nuremberg To Sarajevo, Henry T. King Jr. Jan 1994

The Limitations Of Sovereignty From Nuremberg To Sarajevo, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Positivism Regained, Nihilism Postponed, Jose E. Alvarez Jan 1994

Positivism Regained, Nihilism Postponed, Jose E. Alvarez

Michigan Journal of International Law

Review of Law-Making in the International Community by G.M. Danilenko


Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean Jan 1994

Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean

Michigan Journal of International Law

Review of Singular Europe: Economy and Polity of the European Community After 1992 (William J. Adams ed.) and Decision-Making in the European Community: The Council Presidency and European Integration by Emil J. Kirchner


The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster Jan 1994

The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster

Vanderbilt Journal of Transnational Law

As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …