Law Commons^™

The Adr Movement: Theoretical Aspects And Practical Potential, Craig A. Mcewen

Maine Law Review

My mission in this paper is to draw upon what we know from the active and lively domestic dispute resolution movements in the United States, Canada, and beyond to identify some of the prospects for and potential problems in developing a dispute resolution system for Canadian-United States trade disputes. Alternative dispute resolution (ADR) is flourishing in the 1980's. Increasing numbers of individuals as well as public and private programs identify their work as alternative dispute resolution. These include private mediation practitioners, ADR partners in major law firms, private organizations such as EnDispute, which will arrange mini-trials and other dispute resolution …

Privatizing Dispute Resolution Under The Free Trade Agreement: Truth Or Fancy?, Leon E. Trakman

Maine Law Review

Replete with evidence of extensive forum shopping, unending discovery procedures, and countless delays in the formal adjudicatory process, the case for an alternative, more specialized medium for the resolution of trade disputes between the United States and Canada has grown more pressing. The problem, however, is in being convinced that the alternative, embodied in the proposed Canada-United States Free Trade Agreement, addresses the deficiencies in the existing medium for dispute resolution without introducing greater social and personal costs of its own. A government, in distancing itself from dispute resolution, also separates itself from the process through which social problems are …

Dispute Resolution Provisions Of The Canada-United States Free Trade Agreement, David P. Cluchey

Maine Law Review

Dispute resolution is a major focus of the recently signed Canada-United States Free Trade Agreement. This focus was heavily influenced by two factors. The first is a significant continuing concern about the dispute resolution procedures and mechanisms under the General Agreement on Tariffs and Trade (GATT). The second factor is the general Canadian perception that trade proceedings under United States law are substantially influenced by political concerns and that under a trade agreement, Canadian businesses would need some protection from United States trade regulation. The general dispute resolution provisions of the Free Trade Agreement, which are found primarily in Chapter …

Dispute Settlement Mechanisms Under The Free Trade Agreement, Ton J.M. Zuijdwijk

Maine Law Review

The purpose of this paper is to review the dispute settlement mechanisms that are contained in the Canada-United States Free Trade Agreement. The two countries reached agreement on the main features of the Free Trade Agreement on October 3, 1987. Thereafter, the elements of the Agreement were converted into the legal text of the Free Trade Agreement and signed by Prime Minister Mulroney and President Reagan on January 2, 1988. Legislation implementing the Free Trade Agreement has been introduced in the Parliament of Canada and in the United States Congress. In Canada the ordinary rules for legislative enactments will apply. …

The Reception Of Arbitration In United States Law, Thomas E. Carbonneau

Maine Law Review

The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards—in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy. Since 1970, when the United States ratified the …

Canadian Acceptance Of International Commercial Arbitration, John E.C. Brierly

Maine Law Review

A few years ago it would have been impossible to speak of Canadian "acceptance" of international commercial arbitration. Canada had not adhered to any international convention on arbitration, and Canadian legislation did not specifically regulate arbitration in commercial dealings or when it involved some non-national element. There was no federal enactment on the subject. Canadian provincial legislation, whether the civil law of Quebec or the common law of the rest of Canada, had not greatly evolved from the 19th century position expressed in legislation based upon the legal traditions of France and the United Kingdom of the same period. No …

A Canadian Perspective On U.S. Administered Protection And The Free Trade Agreement, Alan M. Rugman

Maine Law Review

The negotiation of the Canada-United States Free Trade Agreement over the 1986-1988 period builds upon over 130 years of bilateral trade and investment policy. With Canada's economy being roughly one-tenth the size of that of the United States, the negotiation of commercial arrangements to govern the bilateral trade and investment relationship assumes great importance in the smaller partner. The size asymmetry means that Canada, as the smaller nation, needs to secure a rules-based system rather than a power-based system in its trading relationship with the United States, which accounts for nearly 80% of its exports. Canada is also the largest …

Foreword, Charles S. Colgan

Maine Law Review

The Free Trade Agreement concluded between the United States and Canada, and signed on January 2, 1988, has a number of features that distinguish it among the trade agreements of the United States. It eliminates all tariffs, reduces restrictions on business travel, and establishes ground rules for trade in services and for foreign investment. In this latter respect, the Agreement is unique among major international trade agreements of the world. But one of the most enduring aspects of the Agreement is likely to be the provisions establishing a series of dispute settlement mechanisms. This last observation would probably surprise almost …

Alternative Dispute Resolution In International Trade And Business, Thomas E. Carbonneau

Maine Law Review

This workshop, which was held at the University of Maine School of Law on May 27, 1987, consisted of an informal discussion among an interdisciplinary group of experts. The purpose of the workshop was to generate ideas and recommendations regarding the utility of alternative dispute resolution (ADR) in international trade and business, with special reference to Canadian-United States trade relations. The discussion also explored the possible commonalties of domestic and international dispute resolution in the hope of developing a basis for a generic alternative dispute resolution methodology.

Introduction To Symposium: Alternative Dispute Resolution In Canada-United States Trade Relations, George J. Mitchell

Maine Law Review

The Alternative Dispute Resolution (ADR) movement in law arose domestically as the pressures on our court system threatened to deprive individual citizens of their "day in court." Maine is a leader in the development and elaboration of the principles and practicalities that must be mastered for ADR mechanisms to function. The University of Maine School of Law symposium examining the application of ADR principles to international disputes focuses specifically on the trade relationship between the United States and Canada. But its examination of both the innovations and limitations of ADR to the resolution of international disputes is broader than this …

Maurer School Of Law Professor, Iu Vice President Elected President Of The American Society Of Comparative Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The American Society of Comparative Law has elected Indiana University Maurer School of Law Professor Hannah L. Buxbaum as its next president, the organization announced last week at its annual meeting.

Buxbaum is an internationally recognized scholar in the areas of private international law and international litigation and jurisdiction, and has most recently served as vice president of the ASCL. She is the John E. Schiller Chair in Legal Ethics at the Law School as well as Indiana University’s Vice President for International Affairs.

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Flores Bedregal Et Al. V. Bolivia, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

This case is about Bolivia’s failure to adequately investigate and prosecute the murder and forced disappearance of an opposition politician during the coup of General Luis García Meza Tejada in 1980. Eventually, the Court found Bolivia in violation of several articles of the American Convention.

Barbosa De Souza Et Al. V. Brazil, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

This case is about the murder of a young Black woman by a member of

the legislature of the State of Paraíba, in Brazil. Investigation and

prosecution of the murder were hindered by parliamentary immunity.

Eventually, the Court found Brazil in violation of several articles of the

American Convention and of the Convention of Convention of Belém do

Pará.

Brítez Arce V. Argentina, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

This case is about the death of a pregnant woman due to obstetric violence, a form of gender-based violence that includes abusive, negligent, dehumanizing, or disrespectful treatment of pregnant women. The Court found Argentina in violation of several articles of the American Convention, including Article 26.

Lawyers And Non-Lawyers In International Arbitration: Discovering Diminishing Diversity, Luke Nottage, Nobumichi Teramura, James Tanna

Loyola of Los Angeles International and Comparative Law Review

This article highlights a curious lack of diversity within the proliferating discourse about the lack of diversity in international arbitration. There is hardly any awareness or at least sustained discussion about the limited diversity of professional backgrounds, and more specifically, the dominance nowadays of those with practicing lawyer positions or primary careers across the key groups and publication outlets for international arbitration. Yet this encroachment of lawyers was still being contested in the 1990s, as being linked to burgeoning costs and delays, and such “formalisation” has been re-emerging in recent years. Diversifying the world of international arbitration to involve more …

The Reception Of Anglo-American Contractual Standards In Selected Droit Civil Systems: German And Polish Examples., Dr. Pawel Mazur, Dr. Hab. A. Szlęzak

Loyola of Los Angeles International and Comparative Law Review

The reception of Anglo-American contractual standards in droit civil countries is not as straightforward as it would seem at first glance. The language expressing notions such as “breach of contract,” “representations & warranties,” or “indemnities” cannot be merely copied into agreements subject to the law of droit civil countries. They need to be transposed thereto, i.e., rendered in terms of legal institutions characteristic of the legal systems of such countries, to achieve the same functional results as those achievable in the place of origin of such notions.

The authors discuss the process of such transposition in the examples of Germany …

Olivera Fuentes V. Peru, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

This case is, specifically, about acts of discrimination against a gay man by a supermarket in Peru, and, in general, about the obligations States have to ensure LGBTQ+ persons are not subject to discrimination. Eventually, the Court found Peru in violation of several articles of the American Convention.

González Et Al. V. Venezuela, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

This case is about Venezuela’s failure to properly investigate and prosecute a series of crimes that had been committed in the context of a feud between a family belonging to the Wayuú indigenous group and a local gang. Eventually, the Court found Venezuela responsible for the violation of several articles of the American Convention.

Olivares Munoz Et Al. V. Venezuela, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

This case is about the murder of several prison inmates by guards as retaliation for a previous riot. The Court found Venezuela in violation of several articles of the American Convention on Human Rights.

Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation, Emerson B. Marles

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Protecting Students' Privacy: Expanding The Use Of Pseudonyms In Civil Litigation Concerning Sexual Assault At Colleges In The United States And Canada, Cassi Epstein

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

From Forced To Free Labor, Christopher M. Roberts

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The New Age Of Mining: Isa's Vision Of The Deep Seabed Mining, Ganeswar Matcha

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Rethinking United States - Certain Measures On Steel And Aluminum Products: Rebalancing Should Be Allowed For The Section 232 Measures, Michiru Ishihara, Hiroaki Chiba-Okabe

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Digitization Of Trade And Artificial Intelligence: A Pandora's Box, Rafael Leal-Arcas, Lama Al Damer, Haya Al Hokail, Sultana Abdulhakim Al Saud, Salma Alshaikh, Sultana Faisal Al Saud, Sara Al Muhanna, Loulwa Faisal Al Saud, Nora Alaiban, Moudi Alsaud

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.