From Here to Beijing: Public/Private Overlaps in Trade and Their Effects on U.S. Law

INTRODUCTION Despite China’s recent achievements at the Beijing Olympics,1 news involving contaminated pet food and unsafe toys imported from China makes us question the legal frameworks that facilitated such incidents and stirs anti-globalization sentiment.2 While consumers wonder about the role their governments play in this context and look for remedies that respond in some meaningful way to the forces of globalization, deeper questions lie underneath the surface of the legal remedial work of domestic courts. International trade and globalization have provided greater access to imported goods for consumers and more opportunities for corporations to export their products. However, amid this increasing exchange of goods, the regulatory power of states and the jurisdictional reach of domestic courts are constrained. International regimes such as