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| Crossing Borders: Law in a Globalized World
Discussion Paper March 2006
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Table of Contents Cover Design
Preface
Executive Summary
Introduction
Part One: Globalization and its Challenges - Defining Globalization
- The Imprecise Meaning of Globalization
- Globalization as Politics
- Legitimacy and Accountability
- Defining Legitimacy
- Globalization, Legitimacy and Accountability
- The Democratic Deficit in International Organizations
- Executive Branch Dominance in International Law-Making and “Locking-In” Policy Directions Through International Commitments
- A Hypothetical Example
- Sovereignty, Jurisdiction and Uneven Access to Just Outcomes
- The Tension Between Sovereignty and Justice
- A Hypothetical Example
- Central Issues
- Implications for Law Reform
Part Two: Law-Making, Legitimacy and Accountability - The Separate Species of Law
- Domestic Law
- International Law
- Law-Making and Questions of Legitimacy
- Domestic Law-Making
- International Law-Making
- Treaties
- Negotiating Treaties
- Treaty Negotiation as an Executive Branch Prerogative
- Treaty Negotiation as a Federal Monopoly
- The Ratification Process: Who Binds Canada?
- Customary International Law
- “Soft” Law
- International Law as Part of Canadian Law
- Receiving Treaties into Domestic Law and Questions of Legitimacy
- “Dualism” and the Separate Solitudes of Domestic and International Law
- Dualism as a Rational Reaction to Democratic Legitimacy Questions in International Law-Making
- The Dualist Dilemma
- The Uncertainties of Dualist Reception
- Recent Judicial Reactions to Dualism
- The Problem of Partial Application
- Reception and Legitimacy of Customary International Law
- The Incorporation of Customary International Law
- Issues Raised by the Incorporation of Customary International Law
Part Three: Sovereignty, Jurisdiction and Uneven Access to Just Outcomes - Justice and International Wrongs
- Creating International Remedies
- Creating Domestic Remedies
- International Complaints in Domestic Courts
- The Problem of Jurisdiction Over the Wrong
- The Problem of Jurisdiction Over the Wrong-Doer
- Convincing the Court to Hear the Case
- The Shield of State Immunity
- Enforcing an Adequate Remedy
- Domestic Regulation of International Conduct
Conclusion
Endnotes
Questions for Discussion
References and Additional Reading
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