Transnational Law Commons^™

Copyright Competition: The Shifting Boundaries Of Convergence Between U.S. And Canadian Copyright Regimes In The Digital Age, David Amar

Brooklyn Journal of International Law

The great copyright debate between protecting creators and encouraging information-sharing has always been a contentious and likely unresolvable battle. However, with the crafting of new legislation designed to rein in unscrupulous sharing in the age of online sharing and piracy, the discussion grows ever more heated. The economies of Canada and the U.S. have always been intertwined, and in a copyright context, this has never been clearer. Since Canada began to appear on the U.S. “Special 301” piracy reports, the two nations have been locked into a system of promulgating ever-more restrictive copyright policy, the logical extreme of which may …

The Dangers Of The Reference Question: Scc V. Scotus, Mark Mina Mikhaiel

Canada-United States Law Journal

No abstract provided.

Lessons From Washington And Colorado: The Potential Financial Gains Of Recreational Marijuana To Canada, Nachshon Goltz, Ekaterina Bogdanov

Canada-United States Law Journal

No abstract provided.

Tpp And Isds: The Challenge From Europe And The Proposed Ttip Investment Court, Ian A. Laird

Canada-United States Law Journal

No abstract provided.

Should Courts Fear Transnational Engagement?, Olga Frishman

Vanderbilt Journal of Transnational Law

Judicial citation of foreign law worries many people, including justices of the U.S. Supreme Court, politicians, and legal academics. The critics in the United States argue that judges "cherry-pick" foreign citations and use them to import foreign norms that do not accord with the Constitution or the will of the American people. This Article argues, based on insights from organizational theory, that the critics overlook another, much greater, concern: the danger does not come from citing or looking at foreign law, but rather, from other types of interaction, such as meetings at judicial organizations, judicial delegations, or judicial conferences. The …

Volume 40, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Opening Address, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.

Foreign Assistance Complicity, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

When does a government’s provision of assistance to foreign armed groups cross the line from legitimate foreign policy to criminal aiding and abetting of those who use the aid to commit atrocities? The question presents one of the most difficult dilemmas in criminal justice, one that has deep normative implications and has provoked sharp splits among the U.S. federal courts and international tribunals that have faced it.

In 2013, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) sent shockwaves through international legal circles when it acquitted former Yugoslav Army chief Momčilo Perišić of aiding and …

Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener

Faculty Scholarship

Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide …

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has …

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.