The Rule of Law: Its History and Meaning in Common Law, Civil Law, and Latin American Judicial Systems

“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government

The International Rule of Law and Economic Development

The Rule of Law and economic development have long been recognized as being inter-related – a successful society has both. The question is how the two are related. Some scholars argue that common law is more supportive of economic development, while others reject this and argue that the distinctions between common law and civil law have no effect on economic development. This multidisciplinary article approaches the issue from a new contextual perspective that includes economics, philosophy, history, and law. It posits that while the concepts are similar, the common law conception of the Rule of Law (as opposed to the civilian, Rechtsstaat or L’État de Droit) is historically more supportive of economic development for understandable reasons. This article does NOT argue that common law is ‘better’ than civil law. This article does show, however, that from Henry II to Brexit, the common law has traditionally been based on a different relationship between the individual and government: a non-instrumental relationship focused on problem-solving that encourages entrepreneurship and hence economic development

Antidumping and Cotton Subsidies: A Market-based Defense of Unfair Trade Remedies

This article argues that trade remedies, problematic though they may be, provide a legal framework in which litigation can and must be promulgated to protect the benefits of a global market economy