Hansen's Article
NAFTA
North American Free Trade Agreement
judicial globalization
It is the diverse process of judicial interaction across, above, and below borders. There is an exchanging of ideas and cooperating in cases involving national and international law.
Judicial Globalization
It refers to the practice or action of globalizing judicial conversations and legal responses in order to continue the development of judicialization. This can be done on multiple levels whether it be international, regional, or national.
Who are the parties in the European cooperative relationship?
ECJ and national high courts
Persuasive authorities to influence human rights
Anti-Dumping and Countervailing Duties
protectionist tariff that a domestic government imposes on foreign imports that it believed are priced below fair market value.
ECHR (not the court) and what does it do
European Convention on Human Rights
It sets forth and substantive catalogue of human rights and creates an intricate enforcement mechanisms to permit individuals and groups to file complains against their national governments.
ECJ
European Court of Justice
What is a major issue with NAFTA panelist selections?
Nations cannot often agree on a list of panelists thus having a significant delay in the formation of panels
Methodological and Practical Problems of Judicial Globalization
only comparable issues can be compared
do courts have the means for carrying out comparative studies?
even if a court is able to assess the law in action in a foreign jurisdiction, it may prove difficult to understand the social realities and values as the spirit of the foreign laws
Binational Panels
They perform the same function that is normally performed by domestic courts. they review the consistency of domestic agency actions with domestic legal standards. They allow for non-governmental parties to initiate disputes.
Judicial Comity
relations between national courts interacting across borders creating unity in judicial decisions
European Conversation
refers to European countries' inclination to refer and quote each other when interpreting their respective national laws
Several chapter 11 cases have sought compensation on what grounds?
The investor's right to "fair and equitable treatment" and "full protection and security".
The four strands of judicial comity
respect for foreign qua courts
recognition that courts in different nations are entitled to their fair share of disputes
distinctive emphasis on individual rights and the judicial role in protecting them
recognition of legal globalization that is both a cause and consequence of economic globalization
Chapter 11 Proceedings
They are binding proceedings. The purpose was to depoliticize investment disputes by establishing legal remedies that would not necessitate the involvement of the investor's own government.
Cross-Fertilization
National constitutional courts turning to foreign decisions for different perspectives on similar issues.
What is the European equivalent of NAFTA?
European Free Trade Association (EFTA
Name one Pro and one Con of judicial comity
Pro- dialogue between adjudicative bodies
Con- too much overlapping jurisdiction
What are the three kinds of ad hoc tribunals that a NAFTA citizen must submit their claims to?
One chosen by the complaining party
One chosen by the responding party
A presiding arbitrator chosen by agreement of both parties
Name three significant concerns over the judicial aspects of NAFTA
inability to agree on substantive international legal rules
displaces judicial review
significant delays,
concerns about ongoing legal/political conflicts of interest
What are the two ways that meeting face to face affects judicial globalization?
meetings between judges, both formal conventions and informal meetings
through law schools foreign exchange programs
Judicial globalization can be seen as another form of ________.
colonization
westernization of the global south
Which court has the means for carrying out comparative studies?
The ECJ is in a particularly favourable situation in this regard. It has its own research department which may be asked to write a note de recherche in a given case. In addition to that, the ECJ has the advantage of having a judge from each Member State. This will in any case facilitate the conversation with the courts of the Member States.
Summarize the last two decades of the general development towards the convergence of many areas of law
European Union (EU), Trade-Related Aspects of Intellectual Property Rights (TRIPs), and the World Trade Organization (WTO). Governments around the world tend to look to these agreements when enacting new legislation, without even being told/forced to do so.