Toward a North American Legal System

ISBN-13: 9781349443970 / Angielski / Miękka / 2012 / 210 str.

James T. McHugh; J. McHugh

Opis

Toward a North American Legal System is a collection of scholarship that looks at a timely issue in public policy. Two decades after NAFTA, the team assembled by James T. McHugh works through both philosophical and practical questions related to a possibly more integrated legal system on the North American continent.

Recenzje

"Like early geographers of the Americas, the contributors to this book have undertaken a formidable challenge: to map a shifting legal terrain that is as intricate and varied as the book's continental scale would suggest. The authors, noted experts in comparative law and/or international relations, make it clear that there is no single "North American legal system." To the contrary, unlike our European allies, most 'North Americans' do not subscribe to a continental movement towards homogeneous norms. Nevertheless, as the authors in this book point out in discerning detail, the increasing interdependence of North American societies not only creates contentious fault lines , but also generates opportunities for North America's overlapping legal regimes to interact harmoniously. The book, in dealing with the relatively neglected subject of North American comparative law, makes a significant contribution to our understanding of the underlying forces that influence continental shifts in legal regimes." - Stephen Zamora, Leonard B. Rosenberg Professor of Law and director, Center for U.S. and Mexican Law, University of Houston Law Center

Spis treści

Assessing the Prospects of North American Legal Harmonization Thinking about Law in North America The European Union as a Comparative Model for North America The Constitutional Systems and Traditions of North America Legal Integration of NAFTA through Supranational Adjudication Beyond Courts: Harmonizing Practice and Principles in North America Through Investor-State Arbitration The Strong Subsidiarity Principle under NAFTA Law and Policy

O autorze

ARTHUR COCKFIELD Queens University, Kingston, Canada MICHELLE EGAN American University, USA H. PATRICK GLENN Peter M. Laing Professor of Law, McGill University, Canada SUSAN KARAMANIAN George Washington University School of Law, USA JAMES T. MCHUGH University of Akron, USA ROBERT A. PASTOR American University, USA MATTHEW T. SIMPSON Weil, Gotshal & Manges LLP JAY WESTBROOK University of Texas School of Law, USA STEPHEN ZAMORA University of Houston Law School, USA