Transnational Law Commons^™

Introduction Session 5: Canada And U.S Approaches To The Movement Of People, James Phillips

Canada-United States Law Journal

No abstract provided.

U.S. Speaker Session 5: Canada And U.S Approaches To The Movement Of People - U.S Speaker, Ellen G. Yost

Canada-United States Law Journal

No abstract provided.

Introduction Session 6: The Media's Approach To Canada-U.S Trade Issues, David Crane

Canada-United States Law Journal

No abstract provided.

U.S. Speaker Session 6: Canada U.S. Approaches To Health Care - U.S. Speaker, Jack Lessenberry

Canada-United States Law Journal

No abstract provided.

Discussion Following The Speeches Of Mr. Kckenna And Mr. Lessenberry, Discussion

Canada-United States Law Journal

No abstract provided.

Introduction Session 7: Canada And U.S. Approaches To The Evolving North American Energy Relatiosnhip In The Aftermath Of The 2003 Electricity Blackout: Market Forces Vs. Government Regulation, James Mcllroy

Canada-United States Law Journal

No abstract provided.

Energy In The Afermath Of The 2003 Electricity Blackout - U.S. Speaker, David J. Manning

Canada-United States Law Journal

energy--Canada, energy--United States

Canada And U.S. Approaches To Health Care - Canadian Speaker, Jon R. Johnson

Canada-United States Law Journal

health care--Canada, health care--United States

Discussion Following The Speech Of Mr. Brosch And Mr. Johnson And Mr. Theofrastous, Theodore C. Theofastous

Canada-United States Law Journal

health care--Canada, health care--United States

Session 9: Canada And U.S. Approaches To The Great Lakes - Environmental And Economic Aspects, J. Michael Robinson

Canada-United States Law Journal

environmental law--Canada, environmental law--United States, Great Lakes

Discussion Following The Speeches Of Ms. Rosenbaum And Ms. Orange, Discussion

Canada-United States Law Journal

cross-border sales of pharmaceuticals-Canada and United States

Introduction Session 11: Canada And U.S. Approaches - Outsourcing, Offshoring, Nearshoring, Legal Aspects, Possible Conflicts, Economic Impact And Job Effects, James E. P. Sisto

Canada-United States Law Journal

offshoring, nearshoring, employment--Canada, employment--United States

U.S. Speaker Session 11: Canada And U.S. Approaches - Outsourcing, Offshoring, Nearshoring, Legal Aspects, Possible Conflicts, Economic Impact And Job Effects - U.S. Speaker, Marcelo Halpern

Canada-United States Law Journal

offshoring, nearshoring, employment--Canada, employment--United States

Discussion Following The Speeches Of Mr. Hodgson And Mr. Halpern, Discussion

Canada-United States Law Journal

offshoring, nearshoring, employment--Canada, employment--United States

Masthead, Volume 31 (2005)

Canada-United States Law Journal

No abstract provided.

Volume 31, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Discussion Following The Speeches Of Mr. Johnson And Mr. Theofrastous Session 8: Canada And U.S. Approaches To Health Care: How The Canadian And U.S. Political, Regulatory, And Legal Systems Impact Health Care, Discussion

Canada-United States Law Journal

health care--Canada, health care--United States

Worth Doing Well- The Improvable European Union Constitution, Stephen C. Sieberson

Michigan Journal of International Law

As background for this critique of the Constitution, Part II of this Article provides a brief overview of the existing EU Treaties, their shortcomings, and the political processes that culminated in the creation of the new Constitution. Of particular interest are certain goals articulated for the new document, such as the desire to replace the complex Treaties with a simpler, more approachable instrument. Part III is a summary of the Constitution's textual content, details that are necessary to illuminate the analysis that follows. Part IV offers a critical review of the awkward manner in which the Constitution is organized. In …

Juridical Substance Or Myth Over Balance-Of-Payment: Developing Countries And The Role Of The International Monetary Fund In The World Trade Organization, Ugochukwu Chima Ukpabi

Michigan Journal of International Law

This Note attempts to chart the division of labor in respect of balance-of-payment between the Fund and the WTO. More importantly, it reflects on how the intertwined relationship between the Fund and the WTO over balance-of-payment might impact on developing countries in the unfolding architecture of trade.

Responsibility Of International Organizations: The Accountability Mechanisms Of Multilateral Development Banks, Eisuke Suzuki, Suresh Nanwani

Michigan Journal of International Law

This Article will focus on the development of access for third parties, particularly private individuals, to lodge claims against MDBs for noncompliance with their policies and procedures.

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

UF Law Faculty Publications

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …

Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk

UF Law Faculty Publications

An independent global citizenship without a local component and in the absence of the much-feared global government creates two concerns. One, an individual may imperil the rights of others, without a structure that can impose sanctions for the heinous conduct. Two, an individual's rights may be imperiled, and there may be no entity to provide protection. This essay proposes a model of a formal global citizenship that will alleviate these concerns and prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. Such citizenship …

Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen J. Powell

UF Law Faculty Publications

We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in the U.N. Covenant on Human Rights and other treaties, to resolve the often conflicting policies underlying essential human rights and trade goals, and, in general, to integrate trade and critical human rights law on the global front.

Our focus in this Essay is on …

Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Traveling The Boundaries Of Statelessness: Global Passports And Citizenship , Berta Hawk Esperanza Hernandez-Truyol, Matthew Matthew

Cleveland State Law Review

This essay proposes a model of a formal global citizenship that will prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. To appreciate the interplay between the proposed formal global citizenship and the citizenship tradition, our discussion will first review citizenship theories grounded in the nation-state. We then will turn to critiques of these traditionalist approaches which suggest that not all questions of citizenship can be dealt with in national terms. The conflict between these two approaches is clear in the case of …

Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish

Articles by Maurer Faculty

In the 1930s, a privately owned smelting plant in Trail, Canada was the focus of the most famous case in international environmental law: the Trail Smelter Arbitration. But the subject of that landmark case has not gone away. Over the last seventy years, the Trail smelter dumped millions of tons of mercury, arsenic, and toxic waste into the Columbia River. The dumping's effects have been felt in neighboring Washington State, where the toxic discharges have caused environmental harm. In 2003, the EPA began investigating the Washington border area for designation as a Superfund (CERCLA) site, and controversially demanded that the …

Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Constitutional Conversations And New Religious Movements: A Comparative Case Study, Leigh H. Greenhaw, Michael H. Koby

Vanderbilt Journal of Transnational Law

Using the metaphor of a constitutional conversation to compare the treatment of a relatively new and unpopular religion by the legal systems of the United States, Russia, and Spain, this Article examines the methodology by which laws affecting religion are made and enforced. It uses as a case study the interaction of the Jehovah's Witnesses with the legal system of the United States, comparing it with more recent interactions in Russia and Spain. The Authors argue that while the experience in the United States was profoundly influenced by a common-law methodology, the experience in two civil-law countries, Russia and Spain, …

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith, Ii

Vanderbilt Journal of Transnational Law

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks--foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization.

Although advanced--and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics--attainment of such a universal right to …

Direct Vs. Indirect Obligations Of Corporations Under International Law, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

International law today addresses the conduct of private corporations in a variety of areas. With very few exceptions, however, international law regulates corporate conduct indirectly--that is, by requiring states to enact and enforce regulations applicable to corporations and other non-state actors. Only a small number of international legal norms--primarily those relating to war crimes, crimes against humanity, and forced labor--apply directly to non-state actors. Scholars have argued forcefully that international law should move in the direction of directly imposing obligations on corporations. These arguments overlook important aspects of the problem. If international legal norms were extended to corporations and backed …