Internationalization Of Law Research Articles

What Does it Take for Children to Have Rights?: Internationalization of Law, a Children's Champion, and Few Kids

This paper makes two important contributions. First, it presents the Children's Rights Index (CRI). We believe the CRI is the first international measure of children's rights; we provide scores for over 180 countries. Second, this paper seeks to explain differences in levels of children's rights. We employ ordinary least squares regression analysis and Qualitative Comparative Analysis (QCA) to consider the explanatory powers of cultural diversity, legal institutions, political power, country wealth, and demographic structures on levels of children's rights. Preliminary regression and QCA results indicate that countries with relatively large proportions of children do not have high levels of children's rights. This result runs counter to notions that with numbers comes power. Given that children are less powerful compared to adults, this result implies that governments may view children as an expense. The QCA results indicate the explanatory importance of internationalization of law and the role of an independent institution responsible for monitoring children's rights. These two factors suggest that, on their own, governments do not promote children's rights. Some governments respond to international influences and others respond to domestic, non-government actors who promote children's rights.

Internacionalização e ativismo judicial: as causas coletivas

O artigo pretende fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência de modalidades de advogados engajados na representação judicial de causas coletivas. São analisadas duas dimensões: uma primeira expõe um panorama exploratório das causas coletivas no cenário nacional e internacional, pela catalogação das decisões judiciais na Corte Interamericana de Direitos Humanos e em tribunais brasileiros. Uma segunda dimensão de análise aborda, com base em entrevistas, casos representativos de promoção de causas coletivas nas décadas de 1990 e 2000. Essas duas dimensões permitem avançar a hipótese de que a redemocratização política nacional e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial legitimados no espaço jurídico em diferentes períodos.

When Law and Order Returned to Denmark

The international trend toward increased use of punishment has been visible in Denmark since the early 1990s and has accelerated in the first years of the new millennium. As in other countries the trend cannot be explained by changes in crime or a political turn to the right. The increased use of punishment in (post) modern societies undoubtedly has a very complex background. The primary explanation put forth in this article is that it is based on a radical change in the human conditions and in the way people relate to their world. It is an existential revolution and, as such, it has emerged ‘from the bottom’ of society. This suggestion is not offered as an alternative to existing explanations that have been mainly dealing with factors and matters ‘from the top’ of society, such as changes in and of the political system (e.g. populism), the mass media (e.g. alarmism), the social organization of society (e.g. bureaucratization and/or industrialization), and globalization (e.g. imitation and/or internationalization of penal law). Rather, the hypothesis should be viewed as an important supplement to these existing theories and explanations.

LSA and the “Pax Americana”

In United Kingdom, we do not yet celebrate Thanksgiving. I wonder how much longer this cultural exclusion will survive. Our Christmas festivities have been remodeled to give pride of place to turkey, rather than to goose beloved of Charles Dickens. Santa Claus, in an outfit from Harper's Weekly via Coca-Cola marketing, has displaced St. Nicholas, Archbishop of Myra, as bringer of seasonal gifts. Our annual reminder of virtues of democracy, Protestantism, and dangerous fireworks, Guy Fawkes Day, is being transformed into sanitized Halloween of trick or treat. On this occasion, however, understandable desire of U.S. colleagues to get their drafts out before pumpkin pie goes in oven means that I can respond to Lynn Mather, David Trubek, and Bryant Garth. I have to admit that I did not even know that Canada had a different Thanksgiving date, but I have also been able to review Joan Brockman's contribution. Mather and Trubek speak passionately to internationalisation of Law and Society Association but, to an international reader, both also epitomize real difficulty for even passionate advocates of this agenda in understanding quite what this means for U.S. law and society community, as Garth and Brockman recognize. Mather focuses her presidential address on dangers of the assumption of universality, idea that American experience of law and society provides a basis for understanding experience of law and society in any national context. By corollary, she criticizes her compatriots for failing to recognize way in which others' experiences of law and society may be relevant to understanding of their own country. She rightly celebrates Association's achievement in its growth from handful of founders in 1964, who could still fit into Red Schwartz's home in Buffalo for first conference in 1975, to 2002 gathering in Vancouver, which attracted more than 1,000 participants. Three conferences have been held jointly with International Sociological Association's Research Committee on Sociology of Law (RCSL) in European locations. Depending on venue, even U.S.-based conferences now regularly seem to attract 10 to 15% of their participants from outside United States. Law & Society Review has extended its reach and will do so yet further under new publishing arrangements. Despite this, as Mather notes, a measure of social and intellectual exclusion continues to be directed toward international scholars and their work, a phenomenon she compares to exclusion of women and minorities that has in some degree been acknowledged and addressed by LSA. U.S. scholars are slow to cite work published elsewhere, even from countries that share their legal traditions, to be self-critical about their use of language, and to examine differences in research agendas. She concludes by calling for a discussion about institutional reform within LSA in response to these concerns. Trubek takes up this challenge in elaborating a program of practical actions that might be taken over next few years, although he recognizes potential risks of simply extending hegemony of U.S. scholarship and stresses need for many of these to be undertaken in partnership with RCSL. Hooray for White, and Blue! Trubek's commentary plays with resonance of red, white, and blue. If you put this phrase into a Google search, you get about 290,000 hits. The early pages are all fairly harmless U.S. sites. If you restrict search to U.K. pages, one of first to come up is British National Party, a far right organization that many would describe as neo-Nazi. Their Red, White and Blue 2001 page reports an annual rally, where the best efforts of so-called 'Anti-Nazi League' failed to stop over 500 British patriots from all over kingdom attending an event to celebrate historical and cultural legacy of British Isles and British people, and have some fun in process! …

The internationalisation of competition law and multinational enterprises (MNEs) as non-state actors in the process

The present article aims at giving an overview of the internationalisation of competition law with specific reference to the role of multinational enterprises (MNEs) as non-state actors in the process. The article highlights the increasing significance, which competition law has come to witness over the years. It looks into why the need to internationalise competition law has arisen and considers the process of globalisation and its implications for competition law and policy. The article shows that MNEs are important actors in the process of internationalisation and that an examination of the topic must be sensitive to the views and concerns of MNEs. It also shows that MNEs are a crucial variable in determining the extent to which competition law is internationalised.

Doctrine and Reputation

Mary Hiscock and David Allan are both comparative lawyers of distinction who have promoted the cause of the internationalisation of Australian law. Their work highlights the role of academic lawyers in the development of the law and the status of legal writings as a source of law. It also raises the question of how one measures a professional reputation. The purpose of this article is to consider the relationship between these questions.

Das Internet, das Völkerrecht und die Internationalisierung des Rechts

Summary The Internet, Public International Law and the Internationalisation of Law. International law and cyberspace are not worlds apart anymore. Although a single, unitary body of international cyberspace law does not exist, there art different international organisations competing with each other on the turf of international Internet regulation (with non-statal actors being part of the competition), mainly in the area of economic law (market access, E-commerce, intellectual property) and content control The question of the relevance of public international law for Internet regulation can not be answered without an idea of the nature of the Internet. The most convincing approach seems to be to emphasise the importance of technology (‘code is law’). Still, different examples indicate that technology can be influenced by law, thus ‘law trumps over code’. Therefore, the problem is not only to protect code from powerful private vested interests, but also to protect it from unilateral control by States more advanced in computer technology than others, thus imposing their values on others. This points to the international community and public international law as the appropriate forum for Internet regulation. Regulating the Internet will not be following classic legal paradigms of symmetry, hierarchy and centralized or top-down law. In that respect the law will follow the structure of the Internet. Thus, international law itself may also be modified, integrating elements of self-regulation, regulatory competition and atypical international organisations ( cf. ICANN). Some of these trends can be captured by the notion of ‘internationalisation of law’, which basically means ‘globalisation of law’.

Competition Law in the International Domain: Networks as a New Form of Governance

Central to the internationalization of competition law has been the emergence of transnational networks of competition officials and experts. These networks have operated in three main areas: co‐ordination on enforcement; technical assistance; and moves to develop overarching competition principles at the level of the WTO. The debate over the nature of internationalization of competition norms has fallen into three phases: early failures mainly due to the lack of any network; politicization of competition policy within a UN context followed by the emergence of a network primarily focused on the OECD. The current phase concerns coordination and the attempt to develop a competition law regime at the WTO level. This process is spearheaded by the European Union, with the United States of America favouring bilateral agreements on enforcement and technical assistance only. The way the debate has changed over the past ten years and how the two main protagonists have modified their positions, is indicative of the influence and importance of networks which, while they may give rise to formal agreements, can operate through soft power and persuasion. What emerges from the analysis is the centrality of these networks to this important aspect of contemporary international governance. They supplement rather than replace more traditional forms of internationalism and, while they may fundamentally regard themselves as technocratic, deriving legitimacy from outputs, current pressures on international policy making require them to attend to the process aspects associated with legitimacy of democratic regimes.

In the Name of the International: The Supreme Court of Canada and the Internationalist Transformation of Canadian Private International Law

SummaryThis article discusses four judgments of the Supreme Court of Canada that transformed private international law in Canada and represent a striking episode in the internationalization of law — a form of judicial activism in the name of the international. It is argued that these cases evidence a mode of internationalization by internationalist policy consciousness that is distinct from, although often complementary to, internationalization via the mechanism of international treaties or changes in customary international law. The key features of this approach suggest some resemblances to the vision found in the traditions of liberal internationalism, Canadian internationalism, and public international law. The article cautions against several general dangers in the use of this approach in law reform and adjudication and uses two specific doctrinal issues in private international law to demonstrate what a richer policy discourse concerning internationalism would be.

Internationalization of the competition law

In the present stage of development of international economic relations multilateral regulation of competition is becoming more and more important in order to, firstly, annul the effects of domestic rules of competition that are today considered the greatest non-tariff limitation, secondly avoid conflicts that can be caused by exterritorial implementation of national rules in this field, and, finally, define the rules of behavior in the world market. Although the first attempts to regulate this field were made pretty long ago and some activities were taken within UNCTAD, OECD and GATT, no comprehensive rules considering the issues they define and a group of countries that implement them have been adopted at the international level, so far. For the time being, numerous competition problems in relations among countries have been overcome by concluding a number of bilateral agreements and several regional arrangements.

The Case For Nationality Based Jurisdiction

Various recent developments within and without the United Kingdom have strengthened the arguments in favour of the adoption of general nationality based criminal jurisdiction. These arise from problems in the application of territorial jurisdiction, increasingly frequent crime-specific reference to nationality based jurisdiction, the development of European Union law, the ever-greater mobility of nationals, the ability to commit crimes remotely, the incorporation of the European Convention of Human Rights and Fundamental Freedoms into United Kingdom law, an evolution in the citizen-state relationship, and the increasing internationalisation of criminal law. It is not suggested that territory should no longer find a central place in the criminal law rather that the original and present arguments in its favour have been greatly weakened and, at the same time, the arguments in favour of nationality based jurisdiction have been strengthened. This article details the present nature of criminal jurisdiction, highlights the deficiencies with territorial jurisdiction and outlines the case in favour of a general nationality based criminal jurisdiction.

Synthesis in Trial Procedures? The Experience of International Criminal Tribunals

Critical to analysing the recent synthesis of criminal trial procedures is an understanding of the internationalisation of criminal law and procedure.1 As well as the creation of international tribunals2 to investigate and try crimes of world significance, there is emerging an international jurisprudence on criminal law (and procedural hybrids to support and develop this) which require integrated analysis.3

Emergence of an International Environmental Criminal Law?

ABSTRACT Environmental misconduct increasingly extends beyond national borders. However, because of the traditional international law of territoriality, few conventional laws and domestic laws criminalize international environmental misconduct effectively. Because this deficiency must be corrected, international conventions and bodies seek suitable ways of penal enforcement. Following a brief introduction, this Article examines some penal provisions in international environmental conventions. Section III sets forth the process of domestic penal legislation of conventions including the way of shaping environmental criminal law. Several different possibilities for punishing international environmental pollution are then discussed. At the domestic level models of and transnationalization of environmental criminal law are presented. Section IV will turn to some recent attempts to establish a supranational regulatory authority empowered to penalize core environmental crimes to protect the earth's shared global and preserve the ecosystem. Finally, some concluding remarks will be formulated together with ideas for the further development of international environmental criminal law. I. INTRODUCTION Transnational ecological connections and the new quality of global threats have led to great activity on the international stage. While the conventional law of the environment is replete with examples of penal provisions, the international community relies for their enforcement upon municipal rather than international institutions. Thus conventions aimed at protecting the global environment call upon state parties to enact legislation to penalize prescribed conduct. Also, agreements concerning pollution of the sea rely principally upon port, coastal or flag states for their enforcement. However, these conventions give the State wide discretion in domestic penal legislation. An environmental criminal law legally binding the citizens of all nations does not exist, nor is there an organization to which such a legislative competence could be granted. At present, the prosecution of environmental crimes which international environmental conventions have introduced is only possible before national courts. Therefore, the internationalization of environmental criminal law, including its standardization and transnationalization, assumes two central themes of this paper. This paper is structured as follows. After sketching some penal provisions in international environmental conventions (below II) a detailed harmonization in domestic penal legislation of conventions will be discussed (below III). The article then turns to some recent attempts to establish a supranational regulatory authority empowered to penalize core environmental crimes to protect the earth's shared global and preserve the ecosystem (below IV). Finally, some concluding remarks will be formulated together with ideas for the further development of international environmental criminal law (below V). II. PENAL PROVISIONS IN INTERNATIONAL ENVIRONMENTAL CONVENTIONS a. Reasons for Criminalizing Environmentally Harmful Conduct A principal reason for criminalizing environmentally harmful conduct in international environmental conventions in general is to deter conduct which is particularly harmful to the environment that is shared on the domestic and international levels. Because it is likely that the internationally shared environment will often be protected even less by private vigilance than its domestic counterpart, the argument for protection by penal sanctions would seem to be stronger than that applicable on the domestic level. Furthermore, some elements of the internationally shared environment -- such as flora and fauna or a life support system for the whole planet(1) may be entirely and forever extinguished because of the commons effect. That effect may be more pronounced when the in question overlaps jurisdictions or is beyond the limits of national jurisdiction. …

労働法・社会保障法の国際化を展望

労働法・社会保障法の国際化を展望

On the Internationalization of the Criminal Law

On the Internationalization of the Criminal Law

The ILO and the Internationalisation of Australian Labour Law

The ILO and the Internationalisation of Australian Labour Law

Inadvertent Support of Traditional Employment Practices: Impediments to the Internationalization of Japanese Employment Law

INADVERTENT SUPPORT OF TRADITIONAL EMPLOYMENT PRACTICES: IMPEDIMENTS TO THE INTERNATIONALIZATION OF JAPANESE EMPLOYMENT LAW Yoichiro Hamabet INTRODUCTION The at-will employment system of the United States, which permits employers to hire employees during times of business ex- pansion and lay them off during recessions, arguably promotes fair and free competition for workers and jobs, resulting in an efficient labor market. American companies generally seek to keep lean manufacturing lines and efficient distribution systems, goals that do not permit paying salaries to unnecessary workers. In Japan, on the other hand, business enterprises, in accordance with social norms, assume responsibility for lifetime employ- ment-that is, long-term employment by a single firm, from hir- ing fresh out of college until retirement. This responsibility to provide long-term job security tempers cost-cutting measures for Japanese enterprises and has a number of side effects, both good and bad. First, preserving the numer- ous job positions in established industries can preclude effective enforcement of antimonopoly policy in Japan. Second, regard- less of changing economic conditions, Japanese companies feel compelled to retain male workers because typically they support their households; accordingly, a recession disproportionately harms the employment prospects of women. Furthermore, in or- der to benefit existing providers of employment, the Japanese government extends protection-such as exemptions from the t Visiting attorney, Masuda, Funai, Eifert & Mitchell, Ltd. (Chicago); mem- ber, Daini-Tokyo Bar Association; LL.B., Keio University, Tokyo (1985); LL.M., Indiana University School of Law (1992). The author would like to express his ap- preciation to Carol H. Morita of Masuda, Funai, Eifert & Mitchell, Ltd., for her useful comments. All unattributed translations from the Japanese are by the author.