The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative...

When Julius Stone published his famous essay, The Province of Jurisprudence Redetermined, in 1944, he had reasonable cause for genuine optimism. English jurisprudence had been in the doldrums since the initial flurry of activity and excitement following Austin's launch of the modern project of...

The Trail Smelter Arbitrations of 1938 and 1941 still figure as landmark cases in International Environmental law, despite the fact that the debate continues what lessons ought best to be drawn from these proceedings. In the context of contemporary work in the area of transnational corporate...

In this article, Irvin Studin provides a wide-ranging audit of Canada's Constitution, broadly defined, to distill an original picture of Canadian strategic power in the world. Whereas Canadian constitutional scholarship and jurisprudence are typically rooted in considerations of federalism and...

By taking a backstage look at our experiences as student editors on the German Law Journal, we reflect on what being a student editor can add to a legal education. In order to rebut criticisms of student participation on law journals, we first argue that being a student editor provides students...

Brazilian legal education is engaged since 1994 in a long and inconclusive process of curriculum reform in which the Brazilian Bar Association (Ordem dos Advogados do Brasil) has been one of its greatest players. The transformations undertaken in legal education in the last two decades, were...

This paper explores the ways in which globalization, as a dominant influence on political economy, makes its presence felt on legal education and research. In particular, it questions whether law schools have maintained agency in the choice to embrace globalization in their curricula,...

“What is sovereignty?” If there are questions international legal and political scholars ought to be able to answer, this is certainly one. State sovereignty is arguably the basis of all political and legal international relations. And, yet, what it means remains elusive. As we discuss...

This paper addresses how our conceptions of community and citizenship should be transfigured on account of the theoretical and ethical concerns revealed by statelessness. Taking my point of departure from the work of Hannah Arendt, I show how the phenomenon of statelessness reveals tensions in...