Trade law as foreign relations law-Reference-Cited by-同舟云学术

Trade law as foreign relations law

Published:2024-05-01 Issue:Supplement 1 Volume:74 Page:167-185
ISSN:0042-0220
Container-title:University of Toronto Law Journal
language:en
Short-container-title:University of Toronto Law Journal

Author:

Wai Robert¹

Affiliation:

1. Associate Professor, Osgoode Hall Law School, York University, Toronto, Canada..

Abstract

This article reflects on the normal frame for international trade law in times of resurgent assertions of national interest in domestic politics and in foreign relations. An emphasis on national interest poses special problems when legal and economic relations are fundamentally transnational, necessarily involving multiple and complex connections across national borders and reflecting a diverse and complex pluralism within each national tradition. This is especially true in Canada, which is a society foundationally built on flows of people, goods, capital, and ideas from around the world as well as Indigenous and First Nations societies. A turn to foreign relations law, if made with a critical and transnational perspective, might offer a valuable new frame for trade law in challenging times.

Publisher

University of Toronto Press Inc. (UTPress)

Link

https://utpjournals.press/doi/pdf/10.3138/utlj_2024_0010

Reference78 articles.

1. Canadian Charter of Rights and Freedoms, Part I of the Constitution Act 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

2. R v Libman, [1985] 2 SCR 178 at 208 [Libman]. Quoted in Campbell McLachlan, Foreign Relations Law (Cambridge, UK: Cambridge University Press, 2014) at 197 [McLachlan, Foreign Relations Law]. A similar sensibility is wonderfully echoed in both the title and the content of the article by Karen Knop, ‘Here and There: International Law in Domestic Courts’ (1999–2000) 32 NYUJ Intl L & Pol 501 [Knop, ‘Here and There’].

3. Karen Knop, Diversity and Self-Determination in International Law (Cambridge, UK: Cambridge University Press, 2004).

4. Campbell McLachlan, ‘The Present Salience of Foreign Relations Law’ in Helmut Philipp Aust & Thomas Kleinlein, eds, Encounters between Foreign Relations Law and International Law: Bridges and Boundaries (Cambridge, UK: Cambridge University Press, 2021) 355 at 358 [McLachlan, ‘Salience of Foreign Relations Law’].

5. Karen Knop, ‘Foreign Relations Law: Comparison as Invention’ in Curtis A Bradley, ed, The Oxford Handbook of Comparative Foreign Relations Law (New York: Oxford University Press, 2019) 45 [Knop, ‘Comparison as Invention’].