Transnational Law Commons^™

Access, Authentication And Preservation: Three Keys To Boosting The Integrity And Inclusivity Of Public Information, Leslie A. Street, Anne E. Burnett

Library Staff Publications

No abstract provided.

The Role Of Civil Society Organisations In Asset Recovery, Prosper Maguchu, Ahmad Ghozi

Indonesian Journal of International Law

In Zimbabwe, civil society organisations (CSOs) have played a significant role in documenting cases of corruption and mismanagement that have deprived Zimbabweans of their basic human rights. This work can facilitate asset recovery efforts, which is a high priority for the Government of Zimbabwe. The country continues to face enormous challenges despite the political changes that have occurred in recent years. This makes the contribution of civil society all the more important. In particular, CSOs can play a role in raising public awareness, research, advocacy, case management and monitoring returned assets. Hence, CSOs should not only be encouraged but also …

Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu

Georgia Journal of International & Comparative Law

No abstract provided.

Google V Oracle: A Comment And Call To Action Student Articles And Notes, Justine Pileggi

Canada-United States Law Journal

No abstract provided.

Combatting Wage Theft In Global Supply Chains: A Proposal For Transnational Wage Lien Laws, Nabila N. Khan

LL.M. Essays & Theses

When the world went into lockdown due to the COVID-19 pandemic, major fashion brands attempted to protect their profits by refusing to pay overseas suppliers for over $16 billion USD of goods between April and June 2020. These decisions had a devastating impact on garment workers who toil at the bottom of the supply chain; thousands of garment workers and their families faced wage theft, dealing with months of unpaid wages, benefits and/or severance pay. In the absence of a regulatory framework to hold corporations responsible, workers, unions, and NGOs resorted to naming and shaming brands into taking action. However, …

Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster

Faculty Scholarship

Professor Tom Ginsburg has produced yet another classic of transnational law, political science, and international relations. Democracies and International Law yields important insights into the democratic nature of international law but cautions that authoritarian states can apply these very legal technologies for repressive or anti-democratic purposes. Building on Ginsburg’s theories of mimicry and repurposing, this contribution highlights the role of both techniques in the creation of China’s economic sanctions program. On the one hand, China has developed a basic set of tools to impose economic sanctions—a key instrument in the liberal international toolkit—on foreign entities and persons. In so doing, …

Volume 46 (2022), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Climate Change's Profound Disruption Of The Arctic Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Mike Sfagra, Hajo Eicken, Marcel Babin

Canada-United States Law Journal

No abstract provided.

Canadian Distinguished Lecture Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Peter Mackay

Canada-United States Law Journal

No abstract provided.

Indigenous Leadership On Climate Change And The Arctic, Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon

Canada-United States Law Journal

No abstract provided.

The View From The Border: A Comparative Analysis Of Securities Regulations For Cryptocurrencies In The United States And Canada Student Articles And Notes, Rose Lewis

Canada-United States Law Journal

No abstract provided.

L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran

Book Chapters

French Abstract: Cette contribution était le discours d’ouverture à la Conférence des 100 ans de l’Institut Édouard Lambert à l’Université de Lyon. Elle discute de l’utilité du droit comparé dans le monde actuel d’une perspective technique dans le cadre d’une situation aux États-Unis et d’une perspective plus politique dans le cadre d’un arrêt de la CJUE.

English Abstract: This essay was delivered as a keynote address to the conference to celebrate the 100th anniversary of the Institut Édouard Lambert at the University of Lyon. It argues for the usefulness of comparative law in today’s world from a technical angle in …

The Political Economy Of Wto Exceptions, Timothy Meyer

Vanderbilt Law School Faculty Publications

In a bid to save the planet from rising temperatures, the European Union is introducing a carbon border adjustment mechanism-essentially a levy on imports from countries with weak climate rules. The United States, Canada, and Japan are all openly mulling similar proposals. The Biden Administration is adopting new Buy American rules, while countries around the world debate new supply chain regulations to address public health issues arising from COVID-19 and shortages in critical components like computer chips. These public policy initiatives-addressing the central environmental, public health, and economic issues of the day-all likely violate World Trade Organization (WTO) rules governing …

Editors' Note, Robert Currie, Neil Boister, Masha Fedorova, Sabine Gless, Cecily Rose, Sara Wharton

Articles, Book Chapters, & Popular Press

No abstract provided.

Admissibility Of Hearsay Gathered Under Mlat: A Tempest In Canada, Robert Currie

Articles, Book Chapters, & Popular Press

One of the most pervasive and longstanding problems in the practice of mutual legal assistance in criminal matters between states has been ‘form of evidence’–specifically, can the requested state provide evidence in such form as will be useful and admissible under the criminal evidence laws of the requesting state?It tends to be common law states that have difficulties with admissibility of MLAT-sourced evidence, and these often develop ‘work-arounds’ in their laws which attempt to relax admissibility standards. Canada is one such state, but a series of recent prosecutions has revealed judicial resistance to the tools employed. This note examines these …

Judicial Activism In Transnational Business And Human Rights Litigation, Hassan M. Ahmad

All Faculty Publications

This article explores a more expansive adjudicative role for domestic judiciaries in the U.S., U.K., and Canada in private law disputes that concern personal and environmental harm by multinational corporations that operate in the Global South. This expansive role may confront—although not necessarily upend—existing understandings around the separation of powers in common law jurisdictions. I canvass existing literature on judicial activism. Then, I detail legality gaps in the selected common law home states, which can be broken down into four categories: i) failed legislation; ii) deficient legislation; iii) judicial restraint; and iv) judicial deference.

I suggest three ways to actualize …

Masthead, Volume 46 (2022)

Canada-United States Law Journal

No abstract provided.

The Arctic As Emerging Geopolitical Flashpoint Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Robert Huebert, Byers Byers, Martin La Cour-Andersen, Rebecca Pincus Jonathan Quinn

Canada-United States Law Journal

No abstract provided.

China's Bri On The Polar Silk Road: Evolving Labor Agenda In The Arctic, Ronald C. Brown

Canada-United States Law Journal

No abstract provided.

The Protection Of Environmental Law Under Nafta And Cusma: A Canadian Perspective Student Articles And Notes, George Moshenski-Dubov

Canada-United States Law Journal

No abstract provided.