Is Nafta Constitutional
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Author | : Bruce A. Ackerman |
Publisher | : |
Total Pages | : 150 |
Release | : 1995 |
Genre | : Business & Economics |
ISBN | : |
Bruce Ackerman and David Golove tell the story of how the Treaty Clause was displaced in the twentieth century by a modern procedure in which the House of Representatives joins the Senate in the process of consideration, and simple majorities in both Houses suffice to commit the nation. This is called the Congressional-Executive Agreement, and is a response to a seachange in public opinion during and after World War II. As American troops swept through Europe, Americans at home were anxiously remembering the Senate's rejection of the Treaty of Versailles at the end of World War I. Would America once again win the war only to lose the peace? Rather than formally amending the Treaty Clause to strip a Senate minority of its veto power, political leaders of the 1940s developed the Congressional-Executive Agreement as an alternative to the classical treaty. But is such a fundamental change valid without a formal constitutional amendment? Challenging readers to rethink their understanding of the nature of constitutional change, this book vindicates the Congressional-Executive Agreement. In doing so, it not only establishes the validity of NAFTA and other recent initiatives like the World Trade Organization, but also establishes the constitutional framework for the democratic control of American diplomacy in the years ahead.
Author | : Stephen J. Randall |
Publisher | : University of Calgary Press |
Total Pages | : 441 |
Release | : 1995 |
Genre | : Business and politics |
ISBN | : 1895176638 |
This volume provides a comprehensive analysis of the economic, social, cultural and political dimensions of the evolving trilateral relationship among the three countries of North America. Contributors address such topics as energy, the environment, trade, labour, the maquiladora industrial sector of Mexico, the Mexican auto industry, and Canada - U.S. cultural relations.While other publications have focused on U.S. issues, this one emphasizes Canada and Mexico, yet adds significantly to our understanding of the place of the United States in this evolving trilateral relationship.
Author | : Edward Alden |
Publisher | : Rowman & Littlefield |
Total Pages | : 269 |
Release | : 2017-09-15 |
Genre | : Political Science |
ISBN | : 1538109093 |
*Updated edition with a new foreword on the Trump administration's trade policy* The vast benefits promised by the supporters of globalization, and by their own government, have never materialized for many Americans. In Failure to Adjust Edward Alden provides a compelling history of the last four decades of US economic and trade policies that have left too many Americans unable to adapt to or compete in the current global marketplace. He tells the story of what went wrong and how to correct the course. Originally published on the eve of the 2016 presidential election, Alden’s book captured the zeitgeist that would propel Donald J. Trump to the presidency. In a new introduction to the paperback edition, Alden addresses the economic challenges now facing the Trump administration, and warns that economic disruption will continue to be among the most pressing issues facing the United States. If the failure to adjust continues, Alden predicts, the political disruptions of the future will be larger still.
Author | : Patrick Dumberry |
Publisher | : Wolters Kluwer Law & Business |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Arbitration |
ISBN | : 9789041132888 |
Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.
Author | : Roger C. Hartley |
Publisher | : Vanderbilt University Press |
Total Pages | : 331 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 0826503969 |
Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Author | : G. Edward White |
Publisher | : Harvard University Press |
Total Pages | : 408 |
Release | : 2002-05-15 |
Genre | : History |
ISBN | : 9780674008311 |
In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Author | : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) |
Publisher | : |
Total Pages | : 180 |
Release | : 2019-09-27 |
Genre | : |
ISBN | : 9781680923025 |
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author | : Kevin P. Gallagher |
Publisher | : |
Total Pages | : 90 |
Release | : 2009-11-30 |
Genre | : |
ISBN | : 9780982568309 |
Author | : United States. Congress. House. Committee on the Budget |
Publisher | : |
Total Pages | : 56 |
Release | : 2006 |
Genre | : Business & Economics |
ISBN | : |
Author | : Sanford Levinson |
Publisher | : Princeton University Press |
Total Pages | : 341 |
Release | : 1995-01-24 |
Genre | : Law |
ISBN | : 1400821630 |
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.