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1998

Journal

Transnational Law

Articles 1 - 30 of 66

Full-Text Articles in Law

The Globalizing State, Alfred C. Aman, Jr. Oct 1998

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, …


Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector Jun 1998

Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector

University of Michigan Journal of Law Reform

In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …


The E.C.--An Example Of Breaking Down The Barriers Of Sovereignty--Implications For Canada And The United States, Guy Pevtchin Jan 1998

The E.C.--An Example Of Breaking Down The Barriers Of Sovereignty--Implications For Canada And The United States, Guy Pevtchin

Canada-United States Law Journal

No abstract provided.


Sovereignty, Trade, And The Environment--The North American Agreement On Environmental Cooperation, Sarah Richardson Jan 1998

Sovereignty, Trade, And The Environment--The North American Agreement On Environmental Cooperation, Sarah Richardson

Canada-United States Law Journal

No abstract provided.


Commonality Of Standards--Implications For Sovereignty--A Canadian Perspective, James Mcilroy Jan 1998

Commonality Of Standards--Implications For Sovereignty--A Canadian Perspective, James Mcilroy

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Shirley Coffield And James Mcilroy, Discussion Jan 1998

Discussion After The Speeches Of Shirley Coffield And James Mcilroy, Discussion

Canada-United States Law Journal

No abstract provided.


The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A Canadian Perspective), Giles Gherson Jan 1998

The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed (A Canadian Perspective), Giles Gherson

Canada-United States Law Journal

No abstract provided.


How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann Jan 1998

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …


Introduction: The Information Revolution--Culture And Sovereignty, Dorinda Dallmeyer Jan 1998

Introduction: The Information Revolution--Culture And Sovereignty, Dorinda Dallmeyer

Canada-United States Law Journal

No abstract provided.


Extraterritorial Sanctions In The Canada/U.S. Context--A Canadian Perspective, Barry R. Campbell Jan 1998

Extraterritorial Sanctions In The Canada/U.S. Context--A Canadian Perspective, Barry R. Campbell

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Gary Horlick And Sarah Richardson, Discussion Jan 1998

Discussion After The Speeches Of Gary Horlick And Sarah Richardson, Discussion

Canada-United States Law Journal

No abstract provided.


Extraterritorial Sanctions In The Canada/U.S. Context--A U.S. Perspective, Arthur T. Downey Jan 1998

Extraterritorial Sanctions In The Canada/U.S. Context--A U.S. Perspective, Arthur T. Downey

Canada-United States Law Journal

No abstract provided.


Commonality Of Standards--Implications For Sovereignty--A U.S. Perspective, Shirley Coffield Jan 1998

Commonality Of Standards--Implications For Sovereignty--A U.S. Perspective, Shirley Coffield

Canada-United States Law Journal

No abstract provided.


Discussion After The Speech Of Stuart Smith, Discussion Jan 1998

Discussion After The Speech Of Stuart Smith, Discussion

Canada-United States Law Journal

No abstract provided.


Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A Canadian Perspective, Crystal L. Witterrick Jan 1998

Regulation Of Competition In The Canada/U.S. Context--Extraterritorial Reach Of U.S. Antitrust Law--A Canadian Perspective, Crystal L. Witterrick

Canada-United States Law Journal

No abstract provided.


Introduction: The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed, Henry T. King Jr. Jan 1998

Introduction: The Press Looks At The Political Future Of Canada And The United States In The 21st Century--Where Do We Stand, And Where Are We Headed, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Joseph Griffin And Crystal Witterick, Discussion Jan 1998

Discussion After The Speeches Of Joseph Griffin And Crystal Witterick, Discussion

Canada-United States Law Journal

No abstract provided.


Introduction: Food Safety Regulations--Cross-Border Implications, Sidney Picker Jr. Jan 1998

Introduction: Food Safety Regulations--Cross-Border Implications, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.


Sovereignty And Food Safety In A Nafta Context, Paul Martin Jan 1998

Sovereignty And Food Safety In A Nafta Context, Paul Martin

Canada-United States Law Journal

No abstract provided.


Discussion After The Speeches Of Paul Martin And Matthew Schaefer Jan 1998

Discussion After The Speeches Of Paul Martin And Matthew Schaefer

Canada-United States Law Journal

No abstract provided.


Masthead, Volume 24 (1998) Jan 1998

Masthead, Volume 24 (1998)

Canada-United States Law Journal

No abstract provided.


Volume 24, Canada-United States Law Journal Jan 1998

Volume 24, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Transnational Bribery Of Foreign Officials: A New Threat To The Future Of Democracy, Julie B. Nesbit Jan 1998

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 …


The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet Jan 1998

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.


Most Favored Nation Trade Status And China: The Debate Should Stop Here, 31 J. Marshall L. Rev. 1321 (1998), Di Jiang-Schuerger Jan 1998

Most Favored Nation Trade Status And China: The Debate Should Stop Here, 31 J. Marshall L. Rev. 1321 (1998), Di Jiang-Schuerger

UIC Law Review

No abstract provided.


Internationally Guaranteed Constitutive Order: Cyprus And Bosnia As Predicates For A New Nontraditional Actor In The Society Of States, Thomas D. Grant Jan 1998

Internationally Guaranteed Constitutive Order: Cyprus And Bosnia As Predicates For A New Nontraditional Actor In The Society Of States, Thomas D. Grant

Florida State University Journal of Transnational Law & Policy

The purpose of this article is to discuss two state building projects in comparative perspective--one attempted in Cyprus from 1960 to 1963, and another in Bosnia begun in 1995 and still under way. In cooperation with local parties, segments of the international community undertook in both Cyprus and Bosnia to establish constitutive structures that could accommodate mutually antagonistic ethnic groups in a single state and secure a position for the state in international society. Faced with problems similar in several essential aspects, the framers of the Bosnian constitutive structures of 1995, and their forebears in Cyprus in 1960, formulated similar …


Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum Jan 1998

Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum

Michigan Journal of International Law

This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …


Introduction And History Of The Canada-United States Law Institute, Sidney J. Picker Jr. Jan 1998

Introduction And History Of The Canada-United States Law Institute, Sidney J. Picker Jr.

Canada-United States Law Journal

No abstract provided.


Dimensions Of Sovereignty--A Canadian Approach, The, Jonathan Fried Jan 1998

Dimensions Of Sovereignty--A Canadian Approach, The, Jonathan Fried

Canada-United States Law Journal

No abstract provided.


The Grey Areas And Yellow Zones Of Split Sovereignty Exposed By Globalization: Choosing Among Strategies Of Avoidance, Cooperation, And Intrusion To Escape An Era Of Misguided New Federalism, Matthew Schaefer Jan 1998

The Grey Areas And Yellow Zones Of Split Sovereignty Exposed By Globalization: Choosing Among Strategies Of Avoidance, Cooperation, And Intrusion To Escape An Era Of Misguided New Federalism, Matthew Schaefer

Canada-United States Law Journal

No abstract provided.