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Fag og Aberjde (FOA) v. Kommunernes Landsforening (KL): Will Expanding the Definition of Disability to Include Obesity Lead to an Expanding Waistline in Europe?
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Evolving Human Rights Methodology: Have Incursions into State Sovereignty Gone Too Far?
Get PDFThis Article will explore the evolving methodology of human rights and its impact on statesovereignty in the twenty-first century and review the trends driving that evolution. It will firstidentify the historical underpinnings for the classical methodology from as early as the eighteenthcentury and discuss its measured success, apparent failures, and contemporary application. It willthen analyze developing methodology and events, including the Global War on Terrorism, that havefueled more pragmatic and interventionist initiatives. Above all, this Article is a cautionary tale inlight of the heady successes of human rights, which calls for reining in an interventionist approach
A Comparison of WTO and CIT/CAFC Jurisprudence in Review of U.S. Commerce Department Decisions in Antidumping and Countervailing Duty Proceedings
Get PDFThis Article addresses the differences between decisions by World Trade Organization(WTO) panels and the Appellate Body, on the one hand, and, on the other, by the United StatesCourt of International Trade (CIT) and the United States Court of Appeals for the Federal Circuit(CAFC or Federal Circuit) in appeals involving issues of antidumping and subsidies/countervailingmeasures law. More specifically, it explores differences of consequence between the way in whichWTO panelists and Appellate Body members interpret and apply the provisions of the governingWTO Antidumping and Subsidies Countervailing Measures Agreements and the way CIT andFederal Circuit judges interpret and apply substantially similar provisions of U.S. antidumping andcountervailing duty law that purport to implement those agreements. To the extent there aredifferences, the question becomes whether there is any room or reason for the twain to meet
Meza v. U.S. Attorney General : Motivation Is Fickle in the Application of the Political Offense Exception to Extradition
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Transnational Finance Regulation and the Global Economy
Get PDFNational and international finance have become dramatically moreglobalized and interdependent over the last several generations.Government oversight, regulation, support, and bailouts are increasinglyimportant too. We benefit from a revolution in computers, speedycommunications, transport, and surveillance that enables moresophisticated teamwork, collaboration, and governance. Market forcesare better understood and kept within reasonable harness most of thetime. And yet, the global financial crises of 1929-38, and more recently,since 2007, placed very heavy stress upon these financial networks.Because mutual prosperity is now so enmeshed, contemporary globalfinances are increasingly transnational in their character and regulatorytraditions
The Political Economy of Regulating Tobacco in a “Laissez Faire Heaven”: The Hong Kong Model
Get PDFOver the past five decades, smoking has come to be recognized as a source of multiplephysical and psychological ills. An array of increasingly decisive policy responses has evolved toalleviate the problem. The affluent, knowledge-rich, and outward-looking Hong Kong has beenrelatively slow to acknowledge and confront the dangers of tobacco use. The explanation largelylies in the structural attributes of the territory’s governance regime. By establishing a link betweenthese attributes and local strategies to curtail smoking and manage its effects, it is possible to shedfurther light on the dynamics of regulatory systems in general and in this issue-area, in particular
