Download or read book Is NAFTA Constitutional written by Bruce A. Ackerman and published by . This book was released on 1995 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book NAFTA Dispute Settlement Mechanisms and the Constitution written by John S. Baker and published by . This book was released on 2018 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States, Canada, and Mexico are renegotiating the North American Free Trade Agreement (NAFTA). If the three countries do reach a new agreement, constitutional issues raised by any dispute settlement mechanisms (DSMs) deserve careful consideration. Congress' hearings prior to approving NAFTA failed to consider serious constitutional questions, particularly about the DSMs and more generally about U.S. sovereignty. As between Canada and the U.S., the real stumbling block in the NAFTA renegotiations is not a substantive one. It concerns process and enforcement. When disagreements occur about how one country interprets or enforces the provisions of the agreement, NAFTA contains three provisions for resolving those disputes. NAFTA's Chapters 11,19, and 20 include three distinct DSMs. The United States Trade Representative has favored changes for all three. It remains to be seen whether, in whole or in part, the NAFTA DSMs will be retained as-is, altered, or abolished. This paper contends that the constitutionality of NAFTA's Chapter 19 binational panel system for settling antidumping and countervailing (AD/CVD) disputes should be more apparent by now than possibly it was when it was first adopted as part of the Canada-U.S. Free Trade Agreement (CUSFTA). NAFTA is not a treaty, but an executive-congressional agreement, which complicates the constitutional analysis. The paper, however, does not directly consider the constitutionality of using an executive-congressional-agreement rather than a treaty. Part I of this paper provides the background for the dispute over NAFTA's dispute settlement processes. Next, Part II addresses the Constitutionality of Chapters 11 and 19. Finally, in Part III, the paper discusses whether NAFTA promotes the Rule of Law or only the Rule of Rules.
Download or read book Constitutional Implications of NAFTA written by Donald G. Lenihan and published by . This book was released on 1994 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Is NAFTA Constitutional written by Bruce A. Ackerman and published by . This book was released on 1995 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Will NAFTA Attack the Constitutional Powers of States written by Kate Tammaro and published by . This book was released on 1993 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book NAFTA BINATIONAL PANEL SYSTEM written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canadian Constitutional Challenge to NAFTA Raises Critical Issues of Human Rights in Trade and Investment Treaties written by Bruce Porter and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adverse effect of international trade and investment agreements on the protection and enjoyment of human rights has been a growing concern among human rights NGOs and UN human rights bodies in recent years. Surprisingly, these concerns have not been translated into legal challenges to trade and investment agreements for their inconsistency with domestic human rights protections. A constitutional challenge to the investor-state dispute procedures under the North American Free Trade Agreement (NAFTA), launched jointly by three Canadian NGOs, may break new ground in this respect. It is not unprecedented for domestic courts to review international adjudicative regimes against domestic human rights standards. In recent years, however, despite the development of increasingly powerful adjudicative regimes for investors' rights that impact upon constitutionally protected human rights in many countries, the responsibility of national courts to protect constitutional rights has been largely ignored. The Supreme Court has previously upheld the supremacy of fundamental human rights in both international and domestic law. This understanding of domestic and international human rights protections as interwoven is fundamental to the NAFTA claim. We hope that the increasing recognition of the link between trade and investment regimes and human rights at the international level will help to convince the Canadian courts and those in other jurisdictions to fulfil their responsibility with respect to one of the most critical human rights issues of our time.
Download or read book Canada s Secret Constitution written by Stephen Clarkson and published by . This book was released on 2002 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How Failed Attempts to Amend the Constitution Mobilize Political Change written by Roger C. Hartley and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Responding to Imperfection written by Sanford Levinson and published by Princeton University Press. This book was released on 1995-01-24 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book NAFTA Law and Business Review of the Americas written by and published by . This book was released on 1995 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book NAFTA in Transition written by Stephen J. Randall and published by University of Calgary Press. This book was released on 1995 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Future of North American Trade Policy written by Kevin P. Gallagher and published by . This book was released on 2009-11-30 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Fair and Equitable Treatment Standard written by Patrick Dumberry and published by Wolters Kluwer Law & Business. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Conflicts Between Congress and the President written by Louis Fisher and published by . This book was released on 2007 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.
Download or read book United States Practice in International Law Volume 1 1999 2001 written by Sean D. Murphy and published by Cambridge University Press. This book was released on 2003-01-09 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999–2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
