When constitutions collide: North American free trade, economic globalization and transnational integration (Canada, United States).

摘要

While much has been written about the effects of economic integration on social and political institutions in Europe, very little has been written about whether it is possible, necessary or advisable to protect and maintain national differences---or even 'nations' as we presently understand that term---in the face of economic integration within North America. Almost nothing has been written about the possibility for supra-national governance or North American citizenship. This dissertation aims to move that conversation to the foreground, arguing that it is timely and necessary.; In Chapter 1, the collapse of Enron is positioned as a promising opening in the debate about economic globalization and the regulation of capitalism among the NAFTA member-states. Two aspects of advanced capitalism are identified as requiring coordinated intra-, inter- and supranational response and regulation. First, advanced capitalism is increasingly transnational, operating without regard to national borders; this brings unique regulatory challenges to the fore. Second, the regulation of capitalism can be usefully understood as a substantive equality issue (as that concept in understood in Canadian law). These two aspects of advanced capitalism make international and supranational law increasingly relevant to the regulation of what were previously considered domestic issues. One especially promising possibility is a North American Charter of Fundamental Rights, which might act as a guide and measure as we move forward within the context of economic globalization.; In Chapter 2, same-sex marriage is used as a presently salient site of cultural struggle in order to ask whether the U.S. can expect economic integration with Canada---on the scale envisioned by NAFTA---without feeling the influence of Canadian culture and Canadian norms. Recent legal, economic, social and technological developments are presented, explored, and used to argue that it is nearly impossible for the United States to maintain its historic stance of political and cultural isolationism---at least vis-a-vis Canada---in the face of economic globalization. As an integrationist project, NAFTA---like the economy more generally---cannot be neatly separated from other aspects of human life.