Law Commons^™

Revisiting The Role Of Education In Global Society: Relevance Of The Concept Of “Value Generalization” In An Educational Context, Matteo Tracchi Phd

Societies Without Borders

Interpreting global society through the morphogenetic approach, the article looks at education as one of the dimensions of social change brought about by the plural process of globalization. The role and vision of education will therefore be questioned to finally claim that education has to be revisited in culturally diverse and complex global societies. Necessary steps include moving from a market- to a human-centred approach to education and taking the paradigm of human rights as the universal point of departure. Indeed, framing the concept of “value generalization” (Joas 2013) within an educational context, the paper argues that human rights should …

Even Some International Law Is Local: Implementation Of Treaties Through Subnational Mechanisms, Charlotte Ku, William H. Henning, David P. Stewart, Paul F. Diehl

Faculty Scholarship

Multilateral treaties today rarely touch on subjects where there is no domestic law in the United States, In the U.S. federal system, this domestic law may not be national law, but law of the constituent States of the United States. However, in light of the U.S. Constitution Article VI, treaties in their domestic application unavoidably federalize the subjects they address. The most sensitive issues arise when a treaty focuses on matters primarily or exclusively dealt with in the United States at the State or local level. Although U.S. practice allows for some flexibility to accommodate State/local interests, the federal government …

"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal

Indiana Journal of Global Legal Studies

President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Kish Parella

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …

Outsourcing Corporate Accountability, Kishanthi Parella

Kish Parella

This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …

Globalization, Tax Competition And The Fiscal Crisis Of The Welfare State: A Twentieth Anniversary Retrospective, Reuven S. Avi-Yonah

Law & Economics Working Papers

Twenty years ago I wrote “Globalization, Tax Competition, and the Fiscal Crisis of the Welfare State” (113 Harv. L. Rev. 1573 (2000)), which argued that “[t]he current age of globalization can be distinguished from the previous one (from 1870 to 1914) by the much higher mobility of capital than labor… The mobility of capital is linked to tax competition, in which sovereign countries lower their tax rates on income earned by foreigners within their borders in order to attract both portfolio and direct investment. Tax competition, in turn, threatens to undermine the individual and corporate income taxes, which traditionally have …

Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu

Dissertations, Theses, and Capstone Projects

This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20^th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Rising Authoritarianism(S) And The Globalization Of Law: An Initial Exploration, Z. Umut Türem

Indiana Journal of Global Legal Studies

This article explores the question "what does the future hold for the globalization of law?" In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the …

World Trade, Imperial Fantasies And Protectionism: Can You Really Have Your Cake And Eat It Too?, Csongor I. Nagy

Indiana Journal of Global Legal Studies

Populism is telling voters what they want to hear, knowing that it is neither true, nor feasible. Lately, trade and economic integration has seen the spread of untrue and unfeasible tenets, which have proved to be highly popular and have received a warm welcome. Fueled by imperial fantasies and nostalgia for the long-gone era of protectionism, the tectonic movements of world trade have generated a good deal of populist resistance based on the self-delusion that the Gordian knot of world trade needs not to be disentangled but can be simply cut. Unfortunately, however popular and appealing these allegations are, they …

To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook

Indiana Journal of Global Legal Studies

Secession seems like a concept of the past. In our increasingly globalizing world, nationalism was growing archaic and halting progress. But secession has seen a surge in the last ten years. Kosovo declared independence from Serbia in 2008. The United Kingdom seceded from the European Union in the infamous "Brexit." And in 2017, Catalonia's grab for independence sparked the worst crisis in Spain since the days of Francisco Franco.1 Alongside these high-profile secessions, smaller movements, which until now were simply brewing and bubbling, are becoming inspired. One such movement is "The South is My Country," a coalition of three southern …

What We Know And Need To Know About Global Lawyer Regulation, Carole Silver

South Carolina Law Review

No abstract provided.

Data Protection In An Increasingly Globalized World, Nicholas F. Palmieri Iii

Indiana Law Journal

With the rise of the internet in recent decades, it has become increasingly easy for various enterprises—including retailers, advertising agencies, and service providers—to acquire, use, and even share the personal details of their users. Such a trend is unlikely to decrease in the coming years; in fact, internet usage is only likely to increase as more and more people gain access to the internet. In the wakeof recent data breaches, including the now infamous breach of Equifax as well as the scandal involving Facebook and Cambridge Analytica, people are even more aware of the need for (and the risk of …

Democratic Policing Before The Due Process Revolution, Sarah Seo

Faculty Scholarship

According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …

What Is International Trade Law For?, Harlan G. Cohen

Scholarly Works

Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.

But what if …

Unraveling The Tax Treaty, Rebecca Kysar

Faculty Scholarship

Coordination among nations over the taxation of international transactions rests on a network of some 2,000 bilateral double tax treaties. The double tax treaty is, in many ways, the roots of the international system of taxation. That system, however, is in upheaval in the face of globalization, technological advances, taxpayer abuse, and shifting political tides. In the academic literature, however, scrutiny of tax treaties is largely confined to the albeit important question of whether tax treaties are beneficial for developing countries. Surprisingly little consideration has been paid to whether developed countries, like the United States, should continue to sign tax …

How Do We Get Along? International Economic Law And The Nation-State, Gregory Shaffer

Michigan Law Review

Review of Dani Rodrik's Straight Talk on Trade: Ideas for a Sane World Economy.

Public Regulation And Private Enforcement In A Global Economy: Strategies For Managing Conflict, Hannah L. Buxbaum

Articles by Maurer Faculty

No abstract provided.

World Trade And Investment Law In A Time Of Crisis: Distribution, Development And Social Protection, David M. Trubek, Alvaro Santos, Chantal Thomas

Georgetown Law Faculty Publications and Other Works

World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the US ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, we convened a group of trade and investment law experts from 10 countries South and North who have proposed ideas for a new world trade and investment …

Building A Good Jobs Economy, Dani Rodrik, Charles F. Sabel

Faculty Scholarship

Conventional models are failing throughout the world. In the developed world, the welfare state-compensation model has been in retrenchment for some time, and the drawbacks of the neoliberal conception that has superseded it are increasingly evident. Yet there is no compelling alternative on offer. In the developing world, the conventional, tried-and-tested model of industrialization has run out of steam. In both sets of societies a combination of technological and economic forces (in particular, globalization) is creating or exacerbating productive/technological dualism, with a segment of advanced production in metropolitan areas that thrives on the uncertainty generated by the knowledge economy co-existing …

Sovereignty And Complex Interdependence: Some Surprising Indications Of Their Compatibility, Charles F. Sabel

Faculty Scholarship

Even as democratic sovereignty and globalization are increasingly seen as incompatible in theory, this chapter argues that, in some important realms, they are proving compatible in practice. As tariffs have fallen to negligible levels, trade agreements among rich countries have come to focus on reconciling regulatory differences. In many sectors, novel forms of cooperation have emerged that allow trade partners deliberately to investigate and learn from one another’s practices, eventually recognizing the equivalence of regimes that are not strictly identical — and in the process extending domestic political oversight to relations among states while often heightening domestic accountability. The emergent …

Reimagining Trade Agreements For Workers: Lessons From The Usmca, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

A backlash against the post-Cold War order of liberal globalization has taken hold in the rich North Atlantic countries. Concerns about wages, working conditions, and economic opportunity are central to the critique of international trade agreements of the last three decades. While labor rights have progressively been included in trade agreements, they have done little to reshape workers’ well-being and workplace conditions. The new United States-Mexico-Canada Agreement (USMCA) may signal a pivot to a new model requiring reforms of domestic labor law and other issues important to workers. However, there is much more to be done to rebalance the power …

Global Networks And The Legal Profession, Laurel S. Terry

Faculty Scholarly Works

The importance of networks and the power of exponential growth within networks have become much more apparent to the world as a result of the COVID-19 pandemic. This Article addresses the topic of global legal profession networks. The introductory section provides information about our global economy and society that helps explain why global legal profession networks are valuable. It argues that global networks are beneficial for clients, lawyers, and other legal services stakeholders.

After introducing some of the scientific literature about networks in general and legal profession networks specifically, Section II identifies ways in which lawyers participate in global legal …

Reflecting On Straight Talk On Trade, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

A question that motivates this essay is: What insights can we offer from legal scholarship that Dani Rodrik could take on board and put to good use?

Rodrik is an economist, but he might as well have been a lawyer in the way he builds his argument and anticipates counterarguments. I mean that as a compliment. As a bonus, he delivers the punch line with humor and grace. In his book I recognized several of the many contributions Rodrik has made: his argument for policy space and revitalization of industrial policy, the globalization trilemma, the idea and process of growth …

The New Frontier For Labor In Trade Agreements, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

In the spring of 2015, I took my students of international trade law to visit the World Trade Organization (WTO) in Geneva. It was a two-day trip, organized around lectures and discussions with staff from different divisions of the organization, the Advisory Centre of WTO Law and the permanent missions of two countries. None of my students had been there before, and even though I had taught international trade law for several years, it was also my first time visiting the headquarters of the organization. We were excited and curious. The building looked big and majestic. The back side opened …