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Articles 1 - 8 of 8

Full-Text Articles in Law

Canada V. United States Of America, Chios Carmody Jan 2014

Canada V. United States Of America, Chios Carmody

Canada-United States Law Journal

The article focuses on the legal issues related to the 2014 Niagara Problem provided to judges in Niagara Moot Court Competition. Topics discussed include right to protect from terrorism by freezing the sale of a yacht where the proceeds were intended to pay a ransom to pirates, obligation exists under international law to recognize same-sex marriage and customary international law.


The Nafta Alternative: Saving Korus Fta Dumping Appeals From The Dumps, Czarina Powell Jan 2014

The Nafta Alternative: Saving Korus Fta Dumping Appeals From The Dumps, Czarina Powell

Canada-United States Law Journal

Antidumping duties are a trade remedy often utilized against producers in the United States' own bilateral trading partners. Because of Chevron deference, foreign companies are at greater risk of being branded "dumpers" simply upon the onset of a petition. On March 15, 2013, the United States celebrated the one-year anniversary of the signing into force of the Korea-US (KORUS) Free Trade Agreement and its promise to eliminate barriers and tariffs.


Investment Arbitration Under Nafta Chapter 11: A Threat To Sovereignty Of Member States?, William L. Owen Jan 2014

Investment Arbitration Under Nafta Chapter 11: A Threat To Sovereignty Of Member States?, William L. Owen

Canada-United States Law Journal

Critics of NAFTA Chapter 11's investor state dispute settlement mechanism are primarily concerned with its invocation by corporate entities and its potential to effectively overturn or significantly weaken NAFTA states' ability to legislate or regulate in the public interest. This article will address this central concern and demonstrate, by evaluating Chapter 11 arbitration results, that these criticisms have been overstated


The Boundary Water Treaty 1909 -- A Peace Treaty?, Gordon Walker Q.C. Jan 2014

The Boundary Water Treaty 1909 -- A Peace Treaty?, Gordon Walker Q.C.

Canada-United States Law Journal

A speech that discusses relations between the U.S. and Canada with the Boundary Waters Treaty (BWT) of 1909, peace treaty which resolve the conflict and water rights issues between the U.S. and Canada.


Energy In The Great Lakes Region, Sara L. Seck Jan 2014

Energy In The Great Lakes Region, Sara L. Seck

Canada-United States Law Journal

This article will reflect upon what it might mean to devise an energy strategy for the Great Lakes region in light of our shared responsibility as stewards of a globally significant fresh water resource at a time of increasing water scarcity associated with climate change. The article argues that we must not let short-term economic fears drive our decision-making or risk adopting policies that will prove detrimental to the long-term futures of our children’s children.


Cusli Expert Roundtable Report: Ceta, Tpp, Ttip, And The Canada-U.S. Trade Relationship Jan 2014

Cusli Expert Roundtable Report: Ceta, Tpp, Ttip, And The Canada-U.S. Trade Relationship

Canada-United States Law Journal

An Expert Panel discusses Canada-U.S. trade issues in the context of emerging international trade deals, multilateral trade agreements such as Comprehensive Economic and Trade Agreement (CETA), the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP).


An Evaluation Of The Effects Of The Legalization Of Marijuana In Colorado And Washington From An International Law Perspective, Apama Bushan Jan 2014

An Evaluation Of The Effects Of The Legalization Of Marijuana In Colorado And Washington From An International Law Perspective, Apama Bushan

Canada-United States Law Journal

The legalization of marijuana in the states of Colorado and Washington has raised issues that the international community has not previously been forced to consider. Through examining relevant state laws, current federal legislation and applicable international agreements, this Note will outline the legal ramifications that the legalization of marijuana in Colorado and Washington could have both nationally and internationally. This Note will further evaluate all reasonable alternatives available to the United States in meeting the requirements mandated of it by the international agreements it is party to.


The Law Of Native American Hunting, Fishing And Gathering Outside Of Reservation Boundaries In The United States And Canada, Guy Charlton Jan 2014

The Law Of Native American Hunting, Fishing And Gathering Outside Of Reservation Boundaries In The United States And Canada, Guy Charlton

Canada-United States Law Journal

This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states' law and policy towards the Native American continues to reflect the underlying premises of the colonial project. While indigenous peoples have significant use rights, national, state and provincial power remains the primary locus of regulatory authority.