Globalization, federalism and Canadian private international law | Posted on:2004-07-01 | Degree:LL.M | Type:Thesis | University:University of Toronto (Canada) | Candidate:Counsell, Lorna Joy | Full Text:PDF | GTID:2456390011456262 | Subject:Law | Abstract/Summary: | | The implications of globalization on the principles of private international law are explored through the lens of Canadian federalism. After a century of English law, conflicts of law rules in Canada have abandoned their substantive and procedural parochialism. What is emerging from the Supreme Court of Canada on the recognition and enforcement of foreign judgments is an internationalist approach, accentuating the significance of the connection between federalism and changing international realities.; As the negotiations surrounding the draft Hague Convention on Judgments continue, this paper examines what is at stake for member states. This thesis attempts to add to the broad debate on how the Canadian federal state will adapt to the consequences of globalization. It is argued that our internal political structure must be reappraised in order to address the emerging international issues which are impacting provincial powers, and ultimately the scope of the POGG clause must be expanded. | Keywords/Search Tags: | International, Globalization, Federalism, Canadian, Law | | Related items |
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