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http://ssrn.com/abstract=967519
 
 

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Litigating Canada-U.S. Transboundary Harm: International Lawmaking and the Threat of Extraterritorial Reciprocity


Shi-Ling Hsu


Florida State University - College of Law

Austen Parrish


Indiana Univerity Maurer School of Law

February 26, 2007


Abstract:     
This Article joins a spirited debate ongoing among international law scholars. Numerous articles have debated the changing nature of international law and relations: the impact of globalization, the decline of territorial-sovereignty, the ever important role that non-state actors play, and the growing use of domestic laws to solve transboundary problems. That scholarship, however, often speaks only in general theoretical terms, and has largely ignored how these changes are playing out in countries outside the United States in ways that impact American interests.

This Article picks up where that scholarship leaves off. It examines one of the perennial challenges for international environmental law - how to address transboundary pollution. It does this in the context of an unlikely flashpoint, the Canada-U.S. relationship. The Article explores the possibility that Canadians will use their own domestic environmental laws in Canadian courts to remedy transboundary harm. The Article argues that in light of the recent chill in Canada-U.S. relations, the growing extraterritorial reach of U.S. environmental laws, and the recent changes in law and science that Canadians (and, in particular, those living in the province of Ontario) are likely to turn to extraterritorial environmental statutes, and then file suit under those statutes, as a means of addressing U.S. pollution that causes cross-border harm.

Number of Pages in PDF File: 55

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Date posted: March 7, 2007  

Suggested Citation

Hsu, Shi-Ling and Parrish, Austen, Litigating Canada-U.S. Transboundary Harm: International Lawmaking and the Threat of Extraterritorial Reciprocity (February 26, 2007). Available at SSRN: http://ssrn.com/abstract=967519 or http://dx.doi.org/10.2139/ssrn.967519

Contact Information

Shi-Ling Hsu (Contact Author)
Florida State University - College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States
HOME PAGE: http://myweb.fsu.edu/shsu/
Austen L. Parrish
Indiana Univerity Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
HOME PAGE: http://www.law.indiana.edu/
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