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Internationalism and Global Governance in Canadian Public Law
| Content Provider | Semantic Scholar |
|---|---|
| Author | McKee, Derek |
| Copyright Year | 2013 |
| Abstract | Globalization presents domestic lawmakers with a dilemma. Because of internationalist moral commitments, they may be inclined to use domestic law to protect the rights or interests of people beyond their borders. But globalization also challenges conventional assumptions about the primacy of state law. The increasing global interconnectedness of economic, social, and cultural life raises doubts about the governance capacity of state institutions. And new forms of global governance, based on international organizations and global networks, have become more prominent. In the last few decades, Canadian lawmakers have enacted a number of statutes and regulations that appear to mobilize domestic law for the pursuit of internationalist values. These include the Official Development Assistance Accountability Act (2008), legislation providing for the environmental assessment of projects outside Canada, and Canada’s Access to Medicines Regime (2004). In this dissertation, I apply post-realist analytic techniques to these legal texts and to the legislative debates surrounding them. These techniques include the analysis of indeterminacies, distributive and constitutive effects, background rules, and historical contingencies. I argue that these law reform projects are less Canadian than they might appear. They draw on a wide variety of discourses, policy models, and norms imported from other countries, from international organizations, and from expert networks. Rather than reflections of Canadians’ moral and political choices, these legislative regimes appear as nodes in larger configurations of global governance. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://tspace.library.utoronto.ca/bitstream/1807/68976/1/McKee_Derek_D_201306_SJD_thesis.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
