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Transnational Law Commons™

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2004

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Articles 61 - 79 of 79

Full-Text Articles in Transnational Law

Discussion Following The Remarks Of Mr. Gherson And Mr. Strang Proceedings Of The Canada-United States Law Institute Conference On Multiple Actors In Canada-U.S. Relations: The Role Of The Media And Public Perceptions, Discussion Jan 2004

Discussion Following The Remarks Of Mr. Gherson And Mr. Strang Proceedings Of The Canada-United States Law Institute Conference On Multiple Actors In Canada-U.S. Relations: The Role Of The Media And Public Perceptions, Discussion

Canada-United States Law Journal

No abstract provided.


Fisheries: Fishers, Natives, Sportsmen, States And Provinces Proceedings Of The Canada-United States Law Institute Conference On Multiple Actors In Canada-U.S. Relations: Fisheries: Fishers, Natives, Sportsmen, States And Provinces: Introduction, James P. Mcllroy Jan 2004

Fisheries: Fishers, Natives, Sportsmen, States And Provinces Proceedings Of The Canada-United States Law Institute Conference On Multiple Actors In Canada-U.S. Relations: Fisheries: Fishers, Natives, Sportsmen, States And Provinces: Introduction, James P. Mcllroy

Canada-United States Law Journal

No abstract provided.


Discussion Following The Remarks Of Mr. Mccrae And Mr. Colson, Discussion Jan 2004

Discussion Following The Remarks Of Mr. Mccrae And Mr. Colson, Discussion

Canada-United States Law Journal

No abstract provided.


Steel: Unions, Industry, Governments, And Tribunals Proceedings Of The Canada-United States Law Institute Conference On Multiple Actors In Canada-U.S. Relations: Steel: Unions, Industry, Governments, And Tribunals: Introduction, Troy Cribb Jan 2004

Steel: Unions, Industry, Governments, And Tribunals Proceedings Of The Canada-United States Law Institute Conference On Multiple Actors In Canada-U.S. Relations: Steel: Unions, Industry, Governments, And Tribunals: Introduction, Troy Cribb

Canada-United States Law Journal

No abstract provided.


Discussion Following The Remarks Of The Hon. Mr. Pierre-Marc Johnson, Discussion Jan 2004

Discussion Following The Remarks Of The Hon. Mr. Pierre-Marc Johnson, Discussion

Canada-United States Law Journal

No abstract provided.


Agriculture: Farmers, Agrifood Industry, Scientists, And Consumers, Dirk Barrett Jan 2004

Agriculture: Farmers, Agrifood Industry, Scientists, And Consumers, Dirk Barrett

Canada-United States Law Journal

No abstract provided.


Western Regionalism: Views On Cascadia, Paul Fraser Jan 2004

Western Regionalism: Views On Cascadia, Paul Fraser

Canada-United States Law Journal

No abstract provided.


Western Regionalism: Views On Cascadia, James D. Phillips Jan 2004

Western Regionalism: Views On Cascadia, James D. Phillips

Canada-United States Law Journal

No abstract provided.


Volume 30, Canada-United States Law Journal Jan 2004

Volume 30, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Steel: Unions, Industry, Governments, And Tribunals, Barry Lacombe Jan 2004

Steel: Unions, Industry, Governments, And Tribunals, Barry Lacombe

Canada-United States Law Journal

No abstract provided.


Masthead, Volume 30 (2004) Jan 2004

Masthead, Volume 30 (2004)

Canada-United States Law Journal

No abstract provided.


Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr. Jan 2004

Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.

Michigan Journal of International Law

This Article asserts that judicial exchange rather than dominance has inherent advantages as a technique for evolving a global legal culture. For insight into the global task, the Article looks first at an internecine struggle within the continental system. For further background, it describes how the U.S. Supreme Court has accommodated deviations from the basic legal model in U.S. administrative law as well as other internal U.S. legal systems. The supranational tribunals in the European setting and U.S. Supreme Court have shown the capacity to engage in dialogues over diverse legal philosophies. These experiences demonstrate the advantages of a mix …


Reply To Joshua Meltzer, Joost Pauwelyn Jan 2004

Reply To Joshua Meltzer, Joost Pauwelyn

Michigan Journal of International Law

A reply to Joshua Meltzer's comment on the author's paper Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands


Arbitral Law-Making, Thomas E. Carbonneau Jan 2004

Arbitral Law-Making, Thomas E. Carbonneau

Michigan Journal of International Law

Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …


Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner Jan 2004

Regime-Collisions: The Vain Search For Legal Unity In The Fragmentation Of Global Law, Andreas Fischer-Lescano, Gunther Teubner

Michigan Journal of International Law

Predictions of future events tend to be a rarity within the social sciences. It is an even more rare occurrence when predicted events come to pass. Niklas Luhmann's prediction on the future of global law is a memorable exception. In 1971, while theorizing on the concept of world society, Luhmann allowed himself the "speculative hypothesis" that global law would experience a radical fragmentation, not along territorial, but along social sectoral lines. The reason for this would be a transformation from normative (politics, morality, law) to cognitive expectations (economy, science, technology); a transformation that would be effected during the transition from …


Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer Jan 2004

Interpreting The Wto Agreements- A Commentary On Professor Pauwelyn's Approach, Joshua Meltzer

Michigan Journal of International Law

In his paper, Professor Pauwelyn argues that pursuant to Article 31(3)(c) of the Vienna Convention on the Law of Treaties (Vienna Convention), the Appellate Body should consider other rules of international law in the interpretation of the WTO Agreements, when that law reflects the "common intentions" of the parties to the WTO. He argues that this does not mean that "all the parties to the WTO treaty must have formally and explicitly agreed, one after the other, to the new non-WTO rule; nor even that this rule must be otherwise legally bind all WTO members; but rather, that this new …


Toward A Comprehensive Response To The Transnational Migration Of Unaccompanied Minors In The United States, Carolyn J. Seugling Jan 2004

Toward A Comprehensive Response To The Transnational Migration Of Unaccompanied Minors In The United States, Carolyn J. Seugling

Vanderbilt Journal of Transnational Law

The number of unaccompanied minors seeking asylum has dramatically increased in recent years. The international response has been both varied and at times opposed to the best interests of unaccompanied minors. The United States has chosen to respond through changing unaccompanied minors' care and custody without addressing the need for changes in their substantive rights. However, it is necessary to broaden the interpretation of asylum standards to secure unaccompanied minors' legal rights as children who suffer persecution because they lack primary caregivers.


Review Of Restoration Of The Great Lakes: Promises, Practices, Performances, By M. Sproule-Jones, Edward A. Parson Jan 2004

Review Of Restoration Of The Great Lakes: Promises, Practices, Performances, By M. Sproule-Jones, Edward A. Parson

Reviews

In this book, Mark Sproule-Jones reports on research into the organization and effectiveness of efforts to improve environmental quality in the Great Lakes under a new approach begun in 1985. That year, the International Joint Commission (IJC) asked the governments of Canada and the United States to develop remedial action plans to reduce pollution and restore degraded uses in 43 areas of concern-regions whose persistent degradation had resisted earlier attempts at improvement. The two governments, in collaboration with the states and provinces, were given wide latitude in how to proceed: the IJC's only specific requests were that all plans involve …


Bridging The North/South Divide: International Redistribution And Tax Competition, Reuven S. Avi-Yonah Jan 2004

Bridging The North/South Divide: International Redistribution And Tax Competition, Reuven S. Avi-Yonah

Articles

The most important social problem facing humanity at the beginning of the 21st century is the yawning divide in standards of living between the rich nations of the global North and the poor nations of the global South. The following table gives some indicia of the current gap in living standards. It shows that the majority of the population in most developing countries lives on less than two dollars a day; that in some developing countries, over a quarter of children aged 10-14 are employed in the work force; that mortality for children under five in developing countries can be …