Toward a North American Legal System

1. Front Matter

   Pages i-xii

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2. Introduction

   • James T. McHugh

   Pages 1-6

3. Assessing the Prospects of North American Legal Harmonization

   • Matthew T. Simpson

   Pages 7-38

4. How to Think About Law in North America

   • H. Patrick Glenn

   Pages 39-56

5. The Constitutional Presence within North America

   • James T. McHugh

   Pages 57-77

6. Legal Integration of NAFTA through Supranational Adjudication

   • Jay Lawrence Westbrook

   Pages 79-88

7. NAFTA Chapter 11 and the Harmonization of Domestic Practices

   • Susan L. Karamanian

   Pages 89-123

8. The Strict Subsidiarity Principle under NAFTA Law and Policy: Implications for North American Tax Policy

   • Arthur J. Cockfield

   Pages 125-148

9. Single Market Governance: Lessons from the European Experience

   • Michelle Egan

   Pages 149-174

10. Conclusion: The NAFTA Region—a View from the Current Mexican Agenda

    • José Antonio Caballero Juárez

    Pages 175-182

11. Back Matter

    Pages 183-210

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Toward a North American Legal System is a collection of scholarship that looks at a timely issue in public policy. Two decades after NAFTA, the team assembled by James T. McHugh works through both philosophical and practical questions related to a possibly more integrated legal system on the North American continent.

• arbitration
• Europe
• European Union
• European Union (EU)
• Integration
• law
• Nation
• philosophy
• latin american politics

"Like early geographers of the Americas, the contributors to this book have undertaken a formidable challenge: to map a shifting legal terrain that is as intricate and varied as the book's continental scale would suggest. The authors, noted experts in comparative law and/or international relations, make it clear that there is no single "North American legal system." To the contrary, unlike our European allies, most 'North Americans' do not subscribe to a continental movement towards homogeneous norms. Nevertheless, as the authors in this book point out in discerning detail, the increasing interdependence of North American societies not only creates contentious fault lines , but also generates opportunities for North America's overlapping legal regimes to interact harmoniously. The book, in dealing with the relatively neglected subject of North American comparative law, makes a significant contribution to our understanding of the underlying forces that influence continental shifts in legal regimes." - Stephen Zamora, Leonard B. Rosenberg Professor of Law and director, Center for U.S. and Mexican Law, University of Houston Law Center

ARTHUR COCKFIELD Queens University, Kingston, Canada MICHELLE EGAN American University, USA H. PATRICK GLENN Peter M. Laing Professor of Law, McGill University, Canada SUSAN KARAMANIAN George Washington University School of Law, USA JAMES T. MCHUGH University of Akron, USA ROBERT A. PASTOR American University, USA MATTHEW T. SIMPSON Weil, Gotshal & Manges LLP JAY WESTBROOK University of Texas School of Law, USA STEPHEN ZAMORA University of Houston Law School, USA

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