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Crossing Borders: Law in a Globalized World Discussion Paper March 2006 Print the Discussion Paper Document (PDF, 1.51 MB)

Table of Contents

1. Defining Globalization
   1. The Imprecise Meaning of Globalization
   2. Globalization as Politics
2. Legitimacy and Accountability
   1. Defining Legitimacy
   2. Globalization, Legitimacy and Accountability
      1. The Democratic Deficit in International Organizations
      2. Executive Branch Dominance in International Law-Making and “Locking-In” Policy Directions Through International Commitments
      3. A Hypothetical Example
3. Sovereignty, Jurisdiction and Uneven Access to Just Outcomes
   1. The Tension Between Sovereignty and Justice
   2. A Hypothetical Example
   3. Central Issues
4. Implications for Law Reform

1. The Separate Species of Law
   1. Domestic Law
   2. International Law
2. Law-Making and Questions of Legitimacy
   1. Domestic Law-Making
   2. International Law-Making
      1. Treaties
         1. Negotiating Treaties
         2. Treaty Negotiation as an Executive Branch Prerogative
         3. Treaty Negotiation as a Federal Monopoly
         4. The Ratification Process: Who Binds Canada?
      2. Customary International Law
      3. “Soft” Law
3. International Law as Part of Canadian Law
   1. Receiving Treaties into Domestic Law and Questions of Legitimacy
      1. “Dualism” and the Separate Solitudes of Domestic and International Law
      2. Dualism as a Rational Reaction to Democratic Legitimacy Questions in International Law-Making
      3. The Dualist Dilemma
      4. The Uncertainties of Dualist Reception
      5. Recent Judicial Reactions to Dualism
      6. The Problem of Partial Application
   2. Reception and Legitimacy of Customary International Law
      1. The Incorporation of Customary International Law
      2. Issues Raised by the Incorporation of Customary International Law

1. Justice and International Wrongs
2. Creating International Remedies
3. Creating Domestic Remedies
   1. International Complaints in Domestic Courts
      1. The Problem of Jurisdiction Over the Wrong
      2. The Problem of Jurisdiction Over the Wrong-Doer
         1. Convincing the Court to Hear the Case
         2. The Shield of State Immunity
         3. Enforcing an Adequate Remedy
   2. Domestic Regulation of International Conduct