The Interlegality of Transnational Private Law

This article describes transnational private law as a decentralized and intermediate form of transnational governance that recognizes and manages the multiplicity of norms generated by plural normative systems in our contemporary world society. These include international and municipal state systems, nonstate social systems, and private ordering by parties. Consistent with an approach that views globalization as changing the nature of the sovereignty of states, the article draws on the rich tradition of private law, considered with its international dimensions, to find both a concrete example of and a model for understanding the complex role of the state in the plural normative orders of the “postnational constellation.” In this task, this article views private law understood in its international context as exemplary of an intermediate level of transnational governance

Meromorphic solutions of a third order nonlinear differential equation

We prove that all the meromorphic solutions of the nonlinear differential equation c0 u"' + 6 u^4 + c1 u" + c2 u u' + c3 u^3 + c4 u'+ c5 u^2 + c6 u +c7=0 are elliptic or degenerate elliptic, and we build them explicitly.Comment: 12 pages, to appear, Journal of Mathematical Physic

Hayman's classical conjecture on some nonlinear second order algebraic ODEs

In this paper, we study the growth, in terms of the Nevanlinna characteristic function, of meromorphic solutions of three types of second order nonlinear algebraic ordinary differential equations. We give all their meromorphic solutions explicitly, and hence show that all of these ODEs satisfy the {\it classical conjecture} proposed by Hayman in 1996.Comment: 15 pages, to appear, Complex variables and elliptic equation

Transnational Liftoff and Juridical Touchdown: The Regulatory Function of Private International Law in an Era of Globalization

Globalization is sometimes considered to have led to the liftoff of international business transactions from national regulatory oversight. This Article is concerned with the connection between a liftoff of transnational business processes and the laws related to international economic transactions. In particular, the Article examines the governing role that national private laws play in transnational business relations through an examination of the regulatory function of private international law.The Article describes how recent internationalist reforms in private international law contribute to a possible liftoff and discusses representative policy justifications for these reforms, such as the facilitation of international commerce, the attainment of interstate cooperation, and the promotion of cosmopolitan fairness to parties. It then explores reasons why the traditional regulatory function of private international law has been obscured in recent internationalist reform, in particular by its ready, if misleading, identification with parochialism. To address such concerns, the Article describes a cosmopolitan account of the regulatory function of private international law in the contemporary era of globalization. It identifies the nature of the regulatory challenges that face private international law in the current international system and makes proposals for the kinds of regulatory role that private international law could play in the constitution of a pluralistic system of governance that might address some of the excesses of economic globalization

In the Name of the International: The Supreme Court of Canada and the Internationalist Transformation of Canadian Private International Law

Globalization and internationalization are pervasive in contemporary cultural, political, and economic policy discourses. Not surprisingly, a concern with internationalization and globalization increasingly characterizes the policy discourses of law. While the law often operates at a lag to broader social trends, it is sometimes more active in constituting such trends. This article is concerned with a striking episode of legal change oriented towards the perceived new realities of the international system, which occurred in the unlikely venue of private international law in Canada

In the Name of the International: The Supreme Court of Canada and the Internationalist Transformation of Canadian Private International Law

Globalization and internationalization are pervasive in contemporary cultural, political, and economic policy discourses. Not surprisingly, a concern with internationalization and globalization increasingly characterizes the policy discourses of law. While the law often operates at a lag to broader social trends, it is sometimes more active in constituting such trends. This article is concerned with a striking episode of legal change oriented towards the perceived new realities of the international system, which occurred in the unlikely venue of private international law in Canada

Transnational Private Law and Private Ordering in a Contested Global Society

This article explores a social vision of global public order taken from transnational private law. It recasts the potential role of private law in the cross-border economic context as centrally concerned with private action as both the object and vehicle of substantive and procedural governance. Viewed in this way, private law is a venue. for the contestation and regulation of private action by private action in the contemporary global system. With its distinctive strengths and weaknesses, transnational private law is viewed as one alternative among many regimes of global order and is understood to perform a social- indeed, public -function in the embedding of private behavior and relationships within a broader social order