Transnational Law Commons^™

Panel: Balancing Acts -- Energy Innovation In A Complex Market, David Hults, Gitane De Silva, Chris Ziegler

Canada-United States Law Journal

A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely David Halts, Gitane De Silva, and Chris Zeigler. Topics include impact of energy industry on climate change; enacting climate policy for bringing out environmental justice, and protection; and enactment of U.S. Clean Air Act for addressing the same

Volume 42 (2018), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Hydraulic Fracturing Litigation: The Case Of Jessica Ernst & The Problem Of Factual Causation, Oliver Hutchinson

Canada-United States Law Journal

Modem hydraulic fracturing technology and horizontal drilling have made it possible and profitable for oil and gas companies to extract natural gas from underground shale and coal formations that would otherwise be inaccessible. Horizontal drilling, in particular, has enabled oil and gas companies to turn under-producing reservoirs into profitable extractive sites. However, despite its technological achievements and economic efficiencies, hydraulic fracturing is not without controversy. One of the main concerns is the potential for groundwater contamination. While experts disagree, the preponderance of evidence suggests that hydraulic fracturing can and has resulted in the unintended toxic contamination of nearby groundwater sources. …

Panel: Preserving Financial Integrity And Promoting Compliance, Diane Francis, Richard Gordon, Josee Nadeau

Canada-United States Law Journal

A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely Diane Francis, Richard Gordon, and Josee Nadeau. Topics include fostering of financial integrity and compliance; economic relation between Canada-U.S.; and prevention of financial crimes and fostering financial integrity.

Cusli Expert Roundtable Report On "Is There A Path Forward For North American Trade?", Sophie E. Bones, Dena Shayne

Canada-United States Law Journal

The following is a report of the Canada-United States Law Institute's November 2017 Experts Meeting held at the offices of Steptoe & Johnson LLP in Washington, D.C. The Meeting focused on the current state and future of the North American Free Trade Agreement.

Masthead, Volume 42 (2018)

Canada-United States Law Journal

No abstract provided.

2018 Sidney Picker, Jr. Award Remarks: States And Borders, Maureen Irish

Canada-United States Law Journal

A speech is presented by Maureen Irish, on the occasion of 2018 Sidney Picker, Jr. Award at the Canada-United States Law Institute 42nd Anniversary Conference. Topics include Canada-U.S. relation on energy, trade, and providing sovereignty to environment; human rights, the environment, and human population; and general principals of customary international law.

"The Tip Of The Iceberg": Human Trafficking, Borders And The Canada-U.S. North, Mike Perry

Canada-United States Law Journal

No abstract provided.

Joint Law-Business Case Study Competition Program, Canada-United States Law Institute

Canada-United States Law Journal

The article offers information on Joint Law-Business Case Study Competition project. It mentions about competition will provide law students growth of interdisciplinary learning; and will provide Canada-United States Law Institute and its supporting institutions with a unique student competition experience of Moot Court model. It also mentions about use of negotiation agreements in commercial law.

Of Trade And Beer: Nafta, The Comeau Case And Regulatory Cooperation, Maureen Irish

Canada-United States Law Journal

This article is adapted from the 11th Canada-United States Law Institute Distinguished Lecture given by Professor Maureen Irish at Western University Faculty of Law on October 2, 2017. The Supreme Court of Canada is hearing a case that deals with the nature of the internal market in Canada. This paper discusses trade law relating to regulatory cooperation in NAFTA, the European Union, the Canadian Free Trade Agreement and other recent Canadian international initiatives. It examines the ways in which these treaties and other arrangements respond to regulatory differences between importing and exporting jurisdictions. The challenge of how to deal with …

Distinguished Panel: Face Off Or Fresh Start? International Trade In Times Of Turmoil, Terence P. Stewart, John M. Weekes, Allan Wm. Wolff

Canada-United States Law Journal

A panel discussion is presented between the speakers of Canada-United States Law Institute Conference including Terence P. Stewart, John M. Weekes, and Alan Wm. Wolff. Topics include Canada-U.S. trade relations; North American Free Trade Agreement (NAFTA); and efforts in establishing a Free Trade Agreement.

Management Of The Great Lakes-St. Lawrence Maritime Transportation System, Mike Piskur

Canada-United States Law Journal

The Great Lakes-St. Lawrence Maritime Transportation System ("MTS") bears critical importance to the economic competitiveness of Canada and the United States ("US"). Maritime transportation comprises both a major economic driver and job creator for both countries. As a cost-effective and highly efficient means of transporting raw materials and finished products to market, the MTS is essential to agricultural, mining, and manufacturing supply chains that frequently stretch across the US-Canada border and beyond. Yet management of the MTS is fragmented, with responsibility for various system components scattered across numerous federal agencies in both the US and Canada. This fragmentation results in …

Mending The Wound Or Pulling It Apart? New Proposals For International Investment Courts And Fragmentation Of International Investment Law, Jaemin Lee

Northwestern Journal of International Law & Business

Robust discussions on standing investment courts are currently taking place at various fora. In particular, negotiations to include bilateral investment courts in IIAs are in full swing and leading to the creation of such courts. On the other hand, negotiation for a multilateral investment court has yet to start. Even if negotiation begins, it is not clear how long it will take and whether it will indeed lead to a successful conclusion. As such, for a significant amount of time in the future, it is bilateral investment courts that states administer to resolve investment disputes. Bilateral investment courts, however, will …

Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson

Undergraduate Honors Theses

Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …

Memorial Essay In Honor Of Professor Emeritus Joseph Webb Mcknight: Yet Another Historical Joinder Between Texas And Mexico: The Ongoing Nafta Saga, Joseph J. Norton

SMU Law Review

No abstract provided.

Implementing Shared-Use Of Mining Infrastructure To Achieve The Sustainable Development Goals, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Many of the Sustainable Development Goals will only be achieved if the population has access to basic services, such as access to water, power, transport, and telecommunications. However, in many developing countries there is a lack of infrastructure to guarantee these services and there are insufficient public funds to finance growing needs. In resource-rich countries, the mining sector can play a key role in increasing access to infrastructure. Mining-related infrastructure is often developed to serve the exclusive need of the investors, but if it is shared and developed to serve the broader needs and uses of the host economy it …

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming

International Law And Extraterritoriality: Brief Of International And Extraterritorial Law Scholars As Amici Curiae (U.S. V. Microsoft), Anthony J. Colangelo, Austen L. Parrish

Faculty Journal Articles and Book Chapters

Written by international and extraterritorial law scholars, the attached amicus brief was submitted in the U.S. v. Microsoft case. That case involves whether Congress, when it enacted the Stored Communications Act, intended to provide federal and local law enforcement authority to unilaterally seize the private email communications of foreign citizens stored abroad.

The amicus brief explains how the Charming Betsy canon and the law of extraterritoriality are part of a well-defined body of law the U.S. Supreme Court has developed for determining how American law applies abroad. These doctrines exist independently: one aims to avoid unsanctioned violations of international law. …

Reconciling Transnational Jurisdiction: A Comparative Approach To Personal Jurisdiction Over Foreign Corporate Defendants In Us Courts, Gerlinde Berger-Walliser

Vanderbilt Journal of Transnational Law

The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants-and foreign corporations in particular. The Court's restrictions are--although a peripheral concern--motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional US paradigm of personal jurisdiction. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, …

Brief Amici Curiae Of Intellectual Property Professors In Support Of Petitioner, No. 18-600, Texas Advanced Optoelectronic Solutions, Inc. V. Renesas Electronics America, Inc., Timothy R. Holbrook, Ann Bartow, Andrew Chin, David C. Hricik, Yvette Joy Liebesman, Lucas Osborn

All Faculty Scholarship

To comply with the obligations of the Uruguay Round Agreements, particularly the Agreement on the Trade Related Aspects of Intellectual Property (TRIPS), Congress amended 35 U.S.C. § 271(a) to make it an act of infringement to “offer to sell” a patented invention within the United States. See Uruguay Round Agreements Act, Pub. L. No. 103-465, §§ 531-533, 108 Stat. 4809 (1994).

The Federal Circuit has interpreted this provision in a manner contrary to the presumption against the extraterritorial reach of United States laws. The Federal Circuit has held that location of the ultimate sale contemplated in the offer controls the …