Humaniser la mondialisation

Internationalization of Law

“…91 The Securities and Exchange Commission, responsible for ensuring safety in the market, applies such norms by imposing transparent accounting models on private companies. The United States adopted the Foreign Corrupt Practices Act (FCPA) in 1977, revised in 1988, with extraterritorial effects.…”

“…Other norms 90 were adopted to magnify these laws' effectiveness in combating corruption and money laundering. 91 The main factor for the creation of the FCPA in 1977 was the crisis arising from investigations into campaign contributions to President Richard Nixon's reelection. Initially, it was responsible for punishing U.S. companies that practiced corruption outside the United States and, later, foreign companies with branches in the United States involved in acts of corruption in third states.…”

“…National constitutional courts do not reject the primacy of the ECHR, but in many cases they relativize the content of its decisions, and as a rule, they do 88 Corus Steel (CA U.S. Fed Circuit), Judgment of 21 January 2005, Available at: http://www.cafc. 91 Neves (2009), p. 117. not accept direct application of exogenous decisions. Corus Staal BV and Corus Steel USA Inc. ("Corus") appealed the judgment of the Court of International Trade against the U.S. Department of Commerce and others, questioning its methodology for calculating the average margin to verify the occurrence of dumping, in particular, its methodology of "zeroing," claiming it was unfair because of uncertain aggregated values that were part of the transactions.…”

“…This process is marked by a strong European influence, particularly in the development of new concepts and their subsequent dissemination in international law. 91 The ideology of human rights is centered upon the endeavor to encourage states and nonstate actors to reflect on the merits of human rights and create mechanisms for mutual persuasion around compliance. Human rights law protects against the violation of the human rights of an individual or group of individuals.…”

“…89 The subsystem not only is relatively independent of the state but often goes directly against states or statebacked or independent companies. 91 Goodman and Jinks (2004), Available at: http://ssrn.com/abstract¼519565. 91 The ideology of human rights is centered upon the endeavor to encourage states and nonstate actors to reflect on the merits of human rights and create mechanisms for mutual persuasion around compliance.…”