Transnational Law Commons^™

Panel: Balancing Acts -- Energy Innovation In A Complex Market, David Hults, Gitane De Silva, Chris Ziegler

Canada-United States Law Journal

A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely David Halts, Gitane De Silva, and Chris Zeigler. Topics include impact of energy industry on climate change; enacting climate policy for bringing out environmental justice, and protection; and enactment of U.S. Clean Air Act for addressing the same

Panel: Preserving Financial Integrity And Promoting Compliance, Diane Francis, Richard Gordon, Josee Nadeau

Canada-United States Law Journal

A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely Diane Francis, Richard Gordon, and Josee Nadeau. Topics include fostering of financial integrity and compliance; economic relation between Canada-U.S.; and prevention of financial crimes and fostering financial integrity.

Of Trade And Beer: Nafta, The Comeau Case And Regulatory Cooperation, Maureen Irish

Canada-United States Law Journal

This article is adapted from the 11th Canada-United States Law Institute Distinguished Lecture given by Professor Maureen Irish at Western University Faculty of Law on October 2, 2017. The Supreme Court of Canada is hearing a case that deals with the nature of the internal market in Canada. This paper discusses trade law relating to regulatory cooperation in NAFTA, the European Union, the Canadian Free Trade Agreement and other recent Canadian international initiatives. It examines the ways in which these treaties and other arrangements respond to regulatory differences between importing and exporting jurisdictions. The challenge of how to deal with …

Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Many of the Sustainable Development Goals will only be achieved if the population has access to basic services, such as access to water, power, transport, and telecommunications. However, in many developing countries there is a lack of infrastructure to guarantee these services and there are insufficient public funds to finance growing needs. In resource-rich countries, the mining sector can play a key role in increasing access to infrastructure. Mining-related infrastructure is often developed to serve the exclusive need of the investors, but if it is shared and developed to serve the broader needs and uses of the host economy it …

Can Non-State Regulatory Authority Improve Domestic Forest Sustainability? Assessing Interactive Pathways Of Influence In Cameroon, Sophia Carodenuto, Benjamin Cashore

Transnational Business Governance Interactions Working Papers

Transnational business governance can involve the use of non-state mechanisms to target the behavior of firms within domestic settings. Drawing on the implementation pillar of the TGBI framework, this chapter focuses attention on the interaction between state and non-state regulatory authority from two leading cases of TBG in tropical forest management: climate mitigation through avoided deforestation (REDD+) and timber legality verification through international trade agreements (FLEGT/VPA). A dominant justification among global elites for both interventions is that empowering marginalized domestic groups through technology transfer and capacity building will lead to more durable policy solutions on the ground. Drawing on empirical …

Transnational Business Governance Interactions And Financial Regulation Change: A Case Of Asian Financial Markets, Simin Gao, Christopher Chen

Transnational Business Governance Interactions Working Papers

This chapter examines the interactions of transnational business governance schemes regulating the global derivatives markets with multiple levels of interactions. The chapter describes the process of interactions via the theory of isomorphism. First, after examining the interactions of futures exchanges, we identify that governance techniques among futures exchanges are rather similar, illustrating the forces of mimetic and normative isomorphism. Second, the monopoly of the International Swaps and Derivatives Association (ISDA) scheme in the over-the-counter (OTC) market provides signs of mimetic isomorphism. Third, through imparity of market power and major market dealers, the ISDA scheme became the only governance scheme for …

Local Practices, Transnational Solutions? The Role Of Host Cities In The Cyclic Process Of Environmental Regulation Of Sports Mega-Events, Rebecca Schmidt

Transnational Business Governance Interactions Working Papers

The chapter uses a case study of the environmental protection and sustainability framework for Olympic Games to examine the interactive role of local government actors as innovators in the creation of transnational regulation. The host city level has been at the forefront of innovating this framework. Developments initiated at this level were later taken up by the International Olympic Committee (IOC) and became mandatory for future host cities, in a dynamic the chapter terms ‘cyclical regulation’. The chapter makes two main claims about this process: First, in certain conditions, host cities and their local organizers can ratchet up social and …

Micro-Level Interactions In The Compliance Processes Of Transnational Private Governance, Graeme Auld, Stefan Renckens

Transnational Business Governance Interactions Working Papers

Transnational private governance has emerged in multiple issue areas to promote responsible business practices. While most studies assess its rule-setting function, much less research has been done on the compliance-assessment function. This chapter examines the various actors that are involved in this process—auditors, individual assessors and, to a lesser extent, accreditors—and their respective interactions. Using the Marine Stewardship Council as an empirical case, the chapter examines the level of competition among accredited auditors and assessors, and the degree of organizational interdependence. It argues that while the number of accredited auditors has increased over time, the degree of competition is rather …

Transnational Delegation, Accountability And The Administrative Governance Of Biofuel Standards, Phillip Paiement

Transnational Business Governance Interactions Working Papers

The European Union’s 2009 Renewable Energy Directive delegated to privately run ‘voluntary schemes’ the task of monitoring biomass production sites and ensuring their compliance with the Directive’s sustainability requirements. This chapter assesses the consequences of the Commission’s delegation for the administrative governance architectures of non-state sustainable biofuel standards operating outside the EU, focusing in particular on the effects this governance interaction has on the involvement of vulnerable stakeholders in the governance of sustainable biofuels. Utilizing the Transnational Business Governance Interactions framework complemented by the theory of governance assemblages, this research provides a meso-level analysis of the character and effects of …

Volume 42 (2018), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

"The Tip Of The Iceberg": Human Trafficking, Borders And The Canada-U.S. North, Mike Perry

Canada-United States Law Journal

No abstract provided.

Loss Of Human Capital: Corporate Transactions And Their Impact On The L-1 Visa For Employees, Constanza Mundt

Touro Law Review

No abstract provided.

Let International Competition Negotiations Sleep A While Longer: Focus On Tools And Capacity, Frederick M. Abbott

Scholarly Publications

No abstract provided.

The Future Of The Federal Common Law Of Foreign Relations, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges should displace state law when they conclude that it poses difficulties for U.S. foreign relations. Today, however, customary international law is generally applied based upon the implied intentions of Congress, rather than its free-standing status as federal common law, and judicial evaluation of foreign policy problems has largely been replaced by reliance upon presidential or congressional action, or by standard constitutional …

Reconciling Transnational Jurisdiction: A Comparative Approach To Personal Jurisdiction Over Foreign Corporate Defendants In Us Courts, Gerlinde Berger-Walliser

Vanderbilt Journal of Transnational Law

The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants-and foreign corporations in particular. The Court's restrictions are--although a peripheral concern--motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional US paradigm of personal jurisdiction. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, …

International Law And Extraterritoriality: Brief Of International And Extraterritorial Law Scholars As Amici Curiae (U.S. V. Microsoft), Anthony J. Colangelo, Austen L. Parrish

Faculty Journal Articles and Book Chapters

Written by international and extraterritorial law scholars, the attached amicus brief was submitted in the U.S. v. Microsoft case. That case involves whether Congress, when it enacted the Stored Communications Act, intended to provide federal and local law enforcement authority to unilaterally seize the private email communications of foreign citizens stored abroad.

The amicus brief explains how the Charming Betsy canon and the law of extraterritoriality are part of a well-defined body of law the U.S. Supreme Court has developed for determining how American law applies abroad. These doctrines exist independently: one aims to avoid unsanctioned violations of international law. …

Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon

Articles, Book Chapters, & Popular Press

States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Recognition Of Foreign Judgments In China: The Liu Case And The 'Belt And Road' Initiative, Ronald A. Brand

Articles

In June, 2017, the Wuhan Intermediate People's Court became the first Chinese court to recognize a U.S. judgment in the case of Liu Li v. Tao Li & Tong Wu. The Liu case is a significant development in Chinese private international law, but represents more than a single decision in a single case. It is one piece of a developing puzzle in which the law on the recognition and enforcement of foreign judgments in China is a part of a larger set of developments. These developments are inextricably tied to the “One Belt and One Road,” or “Belt and …

Mending The Wound Or Pulling It Apart? New Proposals For International Investment Courts And Fragmentation Of International Investment Law, Jaemin Lee

Northwestern Journal of International Law & Business

Robust discussions on standing investment courts are currently taking place at various fora. In particular, negotiations to include bilateral investment courts in IIAs are in full swing and leading to the creation of such courts. On the other hand, negotiation for a multilateral investment court has yet to start. Even if negotiation begins, it is not clear how long it will take and whether it will indeed lead to a successful conclusion. As such, for a significant amount of time in the future, it is bilateral investment courts that states administer to resolve investment disputes. Bilateral investment courts, however, will …