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Full-Text Articles in Law
The Globalizing State, Alfred C. Aman, Jr.
The Globalizing State, Alfred C. Aman, Jr.
Vanderbilt Journal of Transnational Law
he primary purpose of this Article is to consider the relationship of globalization to domestic law, a topic that, for the most part, has been neglected by the legal literature to date. In so doing, this Article shall develop the concept of the globalizing state, a theory of the state based on states' new roles in furthering global competitiveness, as well as the transformative effects of these new roles on the state itself. This Article refers to globalization as an interpretive approach to issues no longer classifiable--or even understandable--in terms of classic dichotomies of domestic and global, public and private, …
The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy
The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy
Vanderbilt Journal of Transnational Law
The radical shift in and expansion of the concepts of European law wrought by the now more than five-year-old Treaty on European Union (TEU) are not fully appreciated in the United States. Until the TEU of 1992, European law was bounded by the reasonably well-defined and understood contours of the Treaty of Rome and its amendments. The expressly political TEU added new dimensions to European law, the relationships among the Member States, and the scope of activities to be pursued by the European Union. This expansion was accomplished through, among other provisions, (1) the TEU's monetary union provisions; (2) its …
Language And The Globalization Of The Economic Market: The Regulation Of Language As A Barrier To Free Trade, Stacy A. Feld
Language And The Globalization Of The Economic Market: The Regulation Of Language As A Barrier To Free Trade, Stacy A. Feld
Vanderbilt Journal of Transnational Law
The European Union has devoted recent efforts to establishing an integrated global economy, free of barriers or hindrances, primarily through Article 30 of the Treaty Establishing the European Community, the central free movement of goods principle. By eliminating barriers to free trade, the European Union seeks to achieve a single globalized economy among its Member States. Not surprisingly, economic globalization in the European Union has given rise to an integration of political and cultural values among European nations. As a result of this "convergence of values," Member States have responded by enacting protectionist measures that reassert their regulatory autonomy over …
Pierre Goes Online: Blacklisting And Secondary Boycotts In U.S. Trade Policy, Peter L. Fitzgerald
Pierre Goes Online: Blacklisting And Secondary Boycotts In U.S. Trade Policy, Peter L. Fitzgerald
Vanderbilt Journal of Transnational Law
The extraterritorial application of U.S. economic sanctions and trade controls is a perennial topic of discussion among international trade practitioners and a frequent cause for concern abroad. While long present in one form or another as part of several U.S. trade and export control programs, there has been a resurgence in the use of unilateral extraterritorial trade regulation by the United States following the unraveling of widespread international consensus on who should be the targets for such controls and sanctions as a result of the breakup of the Soviet Union, and the demise of the international Coordinating Committee on Multilateral …
Transnational Bribery Of Foreign Officials: A New Threat To The Future Of Democracy, Julie B. Nesbit
Transnational Bribery Of Foreign Officials: A New Threat To The Future Of Democracy, Julie B. Nesbit
Vanderbilt Journal of Transnational Law
Anti-corruption movements around the world have set the stage for a comprehensive attack on transnational bribery. The Organization of American States adopted the first convention to criminalize transnational bribery in 1996, and efforts by the OECD to address the issue culminated in the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was signed by the representative Ministers in November 1997, and is expected to enter into force by 1999. While these developments are promising, they offer only a partial solution to a complex problem. Transnational bribery will persist until a comprehensive anti-corruption strategy, based on …