Global Citizenship – Life, Business and Modern States                                                03.15.18

Seminar and Dialogue

Scheduled – On Demand – On Site – Online | Register – Order – Contact Us

John Boon J.D. – HKMK Law Canada

This Session Will Interest … all persons wanting to better understand the world they live, work or do business in – and to engage in needed community dialogue. This is not just for policy wonks and news junkies.

No one can now isolate themselves from matters of state and enterprise. Functional service and regulatory states – with public and private elements – provide life support for all in their personal, professional and commercial lives.

Solutions to major threats – to the economy, commerce, social well-being, security, the environment and public health – depend on effective individual and collective actions that in turn depend on knowledge.

Public and private sector innovation is vital to ensure that gateways and obstacles to progress for all are removed, but it must be balanced with protection of positive legacies of law, liberty, democratic and functional governance and dynamic commerce that balances law and liberty – legacies now under attack. Those systems depend on trust that only exists if needs and aspirations are addressed.

Regulation is often necessary to balance business and social stakeholder interests, but without adherence to legal controls and best practices it can lead to needless restrictions and business costs.

The Modern State – Foundations

1. The Global Race to Reinvent the State – The Fourth Revolution.
2. Power of Collective Power – Pre-existent Private Actors.
3. What A State Is – More Than Land – Sovereign Entities – Principles – Laws – Fragile Human Creations.
4. External and Internal States – Legitimate Force.
5. Sources of International Law – Domestic Application

Principles – Foundations – Collective Purposes

1. Foundations for Order – Modern States and Western Enlightenment Values.
2. Foundation of Liberty and Reason – Effective Regulation, Risk Mitigation, Justified Restrictions on Liberty.
3. Rights Revolution – Constitutional Rights – Civil Rights (Includes Freedom of Contract).
4. Rights Revolution – Practical Relevance of Fundamental Freedoms and Natural Rights.
5. Importance of Civic Nationalism – Avoidance of Ethnic and Religious Nationalism.

6. Equal States – Democracies – Equal and Free Citizens – Pillars of Equal Justice.
7. Evolving State Sovereignty and Social Contracts – Citizens Not Subjects – Responsibility to Protect
8. Rule of Law – Practical Operation – Thick Rule and Substantive Elements
9. Failed v Functional States – Domestic and International Political Instability – Global Security.
10. Laws Required for Functional States.

Internal State – Constitutional Government

1. Constitutional Government and Law – Internal State Powers and Actors.
2. Rule of Law – Constitutional Constraints – Practical Operation – Substantive Elements.
3. Division of Powers – Federalism – Internal Trade.
4. Statutory Delegation of Powers – Governing Delegates.
5. Purposes and Sources of Domestic Law – Subordinate Legislation.
6. Administrative Law – Fairness, Bias, Jurisdiction, Proper Use of Discretion.
7. Judicial Review of State Actions.
8. Regulatory Innovation – No Central One Size Fits All Systems.

Principles – Foundations – Democratic Values

1. Dangers to Democracies – Beyond Extremist Views – Systemic Weakness.
2. Democratic Legitimacy – Reconciliation of Partisan Positions – More Than Elections.
3. Problems with Elections and Political Parties.
4. Majoritarian and Pluralist Democracies – Need for Active Consultation.
5. Foundation Roles – Procedural Protections – Independent Bar and Judiciary.
6. Procedural Protections – Right to Silence – Presumed Innocence – Evidence Law – Prosecution Independence.

Service and Regulatory States

1. Public and Private Actors.
2. Meeting Needs Giving Rise to Political Organization and States – Vital Services and Finance.
3. Private Tort and Contract Order -Public Law Order.
4. Private Actors – Not a Creation of Government.
5. Key State Roles for Private and Corporate Actors – Business and Social Values.

6. Contract Freedoms – Protected Civil Right – Moral Tenets of Rights – Life Beyond Designs of Masters.
7. Contract Law a- Private Contract Instruments – Public or Private Entities Enter Private Contracts.
8. Distinguishing Joint Action and Commercial Service – Corporations and Private Rights of Association.
9. Limited Power of Public Regulators to Impose Private Contract Terms or Corporate Objects.
10. Property Law – Real Property (Land, Structures) – Personal Property – Intellectual Property.
11. Modern Capitalism – Private Rights and Action – Social Interests.
12. Regulatory Purposes, Mechanics, Risk Analysis and Mitigation – Balancing Law and Liberty.
13. Need for National and International Standards.

International Trade and Globalization – Functional States

1. International Trade and Business Regulation – Innovation.
2. Economic and Political Globalization.
3. Liberal International Economic Order – GATT – WTO – IMF – World Bank.
4. International Trade and Business Regulation – Types of Trade Agreements – Internal Trade.
5. Outsourcing – Foreign Investment.
6. Growing Need for National and International Standards.