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Current events related to international law.

Tuesday, April 20, 2004

Last Sunday's New York Times reported on a Massachusetts judicial decision now being reviewed under NAFTA by an international panel. For a discussion of Article III federal (not state as in the NYTimes case - erosion of state power by NAFTA was widely predicted, but not this precise scenario) jurisdiction and Nafta review, see the abstract of "Assigning the Judicial Power to International Tribunals: NAFTA Bifurcation Panels and Foreign Affairs Flexibility" by Matthew Burton (in Virginia Law review, Vol 88, Nov 2002 at 1529).

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