The Gift of Enron: An Opportunity to Talk About Capitalism, Equality and the Promise of a North American Charter of Fundamental Rights

Authors

Laura Spitz, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

1-1-2005

Abstract

In this Article, Enron is positioned as a promising opening in the debate about economic globalization and the regulation of advanced capitalism in North America. As a contribution to that debate, the author suggests that there are two aspects of advanced capitalism which call for supranational response and regulation. First, advanced capitalism is increasingly transnational (as distinct from international and intranational). This brings unique regulatory challenges to the fore. Second the regulation of advanced capitalism can be usefully understood as a substantive equality issue (as that concept in understood in Canadian law). In the past, this aspect of capitalism-thef act that it raises substantive equality issues-could be largely dealt with within the borders of the nation-state. But the transnationalization of capitalism makes this increasingly difficult, at the same time that it brings new equality issues to the table. In these circumstances, this Article suggests that a North American Charter of Fundamental Rights might be one answer, or one part of a larger answer. A supranational Charter of Fundamental Rights holds enormous potential for reasserting government sovereignty over corporate sovereignty, protecting already achieved national rights, introducing and enhancing new rights, shaping the debate about corporate reform, giving us (enforceable) minimum standards, and-perhaps most importantly-providing an opportunity to develop a coherent vision for shaping and managing our evolving North American community under NAFTA and the WTO. In exploring the scope and utility of a supranational Charter, core concepts are explored and predictable objections are canvassed The author concludes that we should begin the complex discussions about a North American Charter, even if ratification proves impossible or inadvisable.

Publication Title

Ohio State Law Journal

Volume

66

First Page

315

Last Page

396

Recommended Citation

Laura Spitz, The Gift of Enron: An Opportunity to Talk About Capitalism, Equality and the Promise of a North American Charter of Fundamental Rights, 66 Ohio State Law Journal 315 (2005).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/699