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Articles 1 - 30 of 68
Full-Text Articles in Transnational Law
Discussion After The Speeches Of N. Thompson Powers And Mary Cornish, Discussion
Discussion After The Speeches Of N. Thompson Powers And Mary Cornish, Discussion
Canada-United States Law Journal
No abstract provided.
Challenges In Human Resources Utilization And The Impact On Other Stakeholders From Globalization, Technological Advances, Restructuring, And Downsizing: The Canadian Perspective, Harold Giles
Canada-United States Law Journal
No abstract provided.
Masthead, Volume 22 (1996)
On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez
On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez
Scholarly Articles
This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …
"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Michigan Journal of International Law
Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …
The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika
The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika
Michigan Journal of International Law
The United Nations global peace management scheme is based on certain fundamental assumptions that require serious reexamination as we enter the twenty-first century. Fundamental to the 1945 vision of global peace management was the prevention of a third world war through collective action by the great powers. Structurally, this was to be achieved by a system of great power governance through the mechanism of the Security Council. While the Charter confers on the Security Council "primary responsibility" for the maintenance of international peace and security, executive decision-making is reserved for the great powers through permanent membership and the veto power. …
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Michigan Journal of International Law
This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.
The Place Of Law In Collective Security, Martti Koskenniemi
The Place Of Law In Collective Security, Martti Koskenniemi
Michigan Journal of International Law
In this article the author wants to examine the place of law in our thinking about and sometimes participation in decision-making regarding international security. After the end of the Cold War, and particularly since the United Nations' reaction to Iraq's occupation of Kuwait in 1990-91, an academic debate concerning the possibility of collective security has arisen anew. The intention is not to take a definite view in that controversy. Instead, the author shall suggest that this debate has been framed so as to obscure the role of normative considerations, including law, in the production or construction of collective security. A …
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son
LLM Theses and Essays
Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
Notes, Editors
Human Resources In Canada: The Impact Of Nafta On Human Resources, Gordon Betcherman
Human Resources In Canada: The Impact Of Nafta On Human Resources, Gordon Betcherman
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Marie-Louise Caravatti And Yves Poisson, Discussion
Discussion After The Speeches Of Marie-Louise Caravatti And Yves Poisson, Discussion
Canada-United States Law Journal
No abstract provided.
The Role Of Governments In The Development Of Human Resources Training For Employability: The View From Canada, Yves Poisson
The Role Of Governments In The Development Of Human Resources Training For Employability: The View From Canada, Yves Poisson
Canada-United States Law Journal
No abstract provided.
Introduction: Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation Of The Workplace, A. Mosby Harvey Jr.
Introduction: Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation Of The Workplace, A. Mosby Harvey Jr.
Canada-United States Law Journal
No abstract provided.
Where Do We Stand Vis A Vis Our Major Competitors In The Development Of Human Resources, Phyllis Eisen
Where Do We Stand Vis A Vis Our Major Competitors In The Development Of Human Resources, Phyllis Eisen
Canada-United States Law Journal
No abstract provided.
Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation Of The Workplace: A Canadian Perspective, Roy L. Heenan
Canada-United States Law Journal
No abstract provided.
The Role Of Incentives, Profit Sharing, And Employee Participation In The Development Of Human Resources In The United States, Donald Hastings
The Role Of Incentives, Profit Sharing, And Employee Participation In The Development Of Human Resources In The United States, Donald Hastings
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Robert B. Cottington And Roy L. Heenan, Discussion
Discussion After The Speeches Of Robert B. Cottington And Roy L. Heenan, Discussion
Canada-United States Law Journal
No abstract provided.
Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation In The Workplace: A U.S. Perspective, Robert B. Cottington
Legal Aspects Of Human Resources In The Canada/U.S. Context: A Comparative Look At Hiring, Termination, And Regulation In The Workplace: A U.S. Perspective, Robert B. Cottington
Canada-United States Law Journal
No abstract provided.
The Role Of Incentives, Profit Sharing, And Employee Participation In The Development Of Human Resources In Canada, Michael Mcdermott
The Role Of Incentives, Profit Sharing, And Employee Participation In The Development Of Human Resources In Canada, Michael Mcdermott
Canada-United States Law Journal
No abstract provided.
Discussion After The Speech Of John S. Mckennirey, Discussion
Discussion After The Speech Of John S. Mckennirey, Discussion
Canada-United States Law Journal
No abstract provided.
Discussion After The Speech Of Dr. Stuart Smith, Discussion
Discussion After The Speech Of Dr. Stuart Smith, Discussion
Canada-United States Law Journal
No abstract provided.
Nafta--Temporary Entry Provisions--Immigration Dimensions, Ellen G. Yost
Nafta--Temporary Entry Provisions--Immigration Dimensions, Ellen G. Yost
Canada-United States Law Journal
No abstract provided.
Affirmative Action After Adarand, N. Thompson Powers
Affirmative Action After Adarand, N. Thompson Powers
Canada-United States Law Journal
No abstract provided.
Increased Use Of Adr In Resolving Human Resources Conflicts In Both Non-Union Companies And In Non-Union Departments Of Unionized Companies--U.S. Perspectives, Robert Meade
Canada-United States Law Journal
No abstract provided.
Establishing Or Re-Establishing A Connection Between Education And The Workplace, Stuart Smith
Establishing Or Re-Establishing A Connection Between Education And The Workplace, Stuart Smith
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Robert Meade And Edward C. Chiasson, Discussion
Discussion After The Speeches Of Robert Meade And Edward C. Chiasson, Discussion
Canada-United States Law Journal
No abstract provided.
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
Intellectual Property Protection Of Software: International Perspectives: Foreword, 14 J. Marshall J. Computer & Info. L. 657 (1996), Donald P. Reynolds
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Conflicts On The Net: Choice Of Law In Transnational Cyberspace, Matthew R. Burnsteln
Conflicts On The Net: Choice Of Law In Transnational Cyberspace, Matthew R. Burnsteln
Vanderbilt Journal of Transnational Law
No recent technological advance has captured the attention and imagination of the United States and the international community like the advent of global communications networks--the Internet, Cyberspace, the Information Superhighway. While the technology advances daily, a legal regime for ordering cyberspace has not yet evolved. Already, cases are reaching the courts in which plaintiffs complain of improper and unlawful activities by defendants in cyberspace. Both cyberspace's growing ubiquity and the anonymity found online will increase international use of the networks for interaction and commerce. This Note considers the conflict of laws implications of transnational cyberspace. The need to consider choice …