The Gift of Enron: An Opportunity to Talk About Capitalism, Equality, Globalization, and the Promise of a North-American Charter of Fundamental Rights
108 Pages Posted: 9 Oct 2006
Abstract
In this article, Enron - using the word in its largest symbolic sense - is positioned as a promising opening in the debate about economic globalization and the regulation of capitalism. In order to advance that conversation, the author suggests that there are two aspects of advanced capitalism which call for coordinated intra-, inter- and supranational response and regulation. First, she notes that advanced capitalism is increasingly transnational, and that this brings unique regulatory challenges to the fore. Second, she suggests that the regulation of capitalism can be usefully understood as a substantive equality issue (as that concept in understood in Canadian law). The author concludes that these two aspects of advanced capitalism make international and supranational law increasingly relevant to the regulation of what were previously considered domestic issues (such as tax, family, immigration and labor law), and consideration of a North American Charter of Fundamental Rights especially promising. Core concepts such as equality, harmonization, globalization and capitalism are explored. Predictable objections to supra-national governance are canvassed. The author concludes that we should begin the complex discussions about a North American Charter, even if ratification of such a document proves impossible to attain.
JEL Classification: K33
Suggested Citation: Suggested Citation