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Moving Beyond Rhetoric: Working Toward Reconciliation Through Self-Determination, Brenda L. Gunn
Moving Beyond Rhetoric: Working Toward Reconciliation Through Self-Determination, Brenda L. Gunn
Dalhousie Law Journal
The settlement of the residential school system class action and the creation of the Truth and Reconciliation Commission of Canada have renewed discussions on the relationship between Indigenous peoples and the Crown as part of achieving reconciliation. This article argues that promoting reconciliation in Canada requires addressing the underlying issue that led to the residential school system: the unilateral impositionofcolonial law with the goal of assimilating Indigenous peoples. The best way to prevent such actions in the future requires realizing Indigenous peoples right to self-determination. The U.N. Declaration, with its recognition of Indigenous peoples' right to self-determination, provides a framework …
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
Dalhousie Law Journal
Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Dalhousie Law Journal
In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
Dalhousie Law Journal
In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.
The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley
The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley
Dalhousie Law Journal
The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …
The United Nations Decade Of International Law - Insights Into An Asian Perspective Of International Law, Jeremy A. Thomas
The United Nations Decade Of International Law - Insights Into An Asian Perspective Of International Law, Jeremy A. Thomas
Dalhousie Law Journal
On 15th November 1990 the Sixth Committee of the General Assembly completed its deliberations on the Report of the Working Group on the United Nations Decade of International Law (the "Vukas Report"). The Vukas Report sets out the proposed programme of activities of the Decade during the period 1990-92, and represents another important step towards the implementation of resolution 44/23 of 17th November 19891 and the fulfilment of the aspirations of strengthening the international legal order connected with that resolution. On the 19th November 1990 the Vukas Report was formally adopted by the Sixth Committee without a vote. The Decade …
Rule Of Law In A State Of Emergency, John P. Humphrey
Rule Of Law In A State Of Emergency, John P. Humphrey
Dalhousie Law Journal
Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.
The Office Of The United Nations Secretary-General, B G. Ramcharan
The Office Of The United Nations Secretary-General, B G. Ramcharan
Dalhousie Law Journal
In the last decade of the twentieth century the international community is turning increasingly to international organizations to co-ordinate international protection of the common welfare, to promote global interests, and to help enhance human dignity and freedom. International organizations are not being entrusted with governmental functions per se, but they are being called upon to help develop and operate what may be described as strategies of international governance in the environmental, political, economic, social, and humanitarian sectors. The enhanced role of international organizations is accompanied by related innovations in international law.
The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi
The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi
Dalhousie Law Journal
The International Covenant on Civil and Political Rights and the Optional Protocol thereto, adopted by the General Assembly of the United Nations in Resolution 2200A (XXI) t of 16 December 1966, entered into force on 23 March 1976 in accordance with Articles 49 of the Covenant and 9 of the Protocol respectively. As at 28 July 1989, there were eighty-seven States Parties to the Covenant and forty-five States Parties to the Protocol.
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Dalhousie Law Journal
The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …
The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius
The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius
Dalhousie Law Journal
John P. Humphrey, the first Director of the Human Rights Division of the United Nations, in his preface to The Concept and Present Status of the International Protection of Human Rights - Forty Years after the Universal Declaration, observes that the question of the international protection of human rights "has received far too little attention from scholars, statesmen, diplomats and human rights activists". There "has so far been no attempt ... to provide a comprehensive account" of the concept of "protection" within the international law of human rights. In his new book, Dr. B.G. Ramcharan, the distinguished lawyer-adviser in the …
The Tokyo War Crimes Trial, L C. Green
The Tokyo War Crimes Trial, L C. Green
Dalhousie Law Journal
Until comparatively recently (see, eg., The Other Nuremberg by Arnold C. Brackman, 1987) there has been little written in western countries concerning the International Military Tribunal for the Far East - the Tokyo Tribunal - when compared with its "sister" Tribunal at Nuremberg. The compilation of Principles drawn up by the United Nations is known as the Nuremberg Principles regardless of the fact that the same principles were applied in Tokyo. In 1983, to coincide with the first Japanese showing of the film The Tokyo Trial premiered in New York two years later, an International Symposium on the Trial was …
International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green
International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green
Dalhousie Law Journal
It was only to be expected that upon the adoption of the 1982 United Nations Convention on the Law of the Sea, there would be a plethora of publications, academic and otherwise, on various aspects of the law of the sea. What is perhaps not generally known is the number of international organizations that have occasion to issue documents relating to the law of the sea, and, even when it is known, these are in such a variety of places that it is almost impossible for any but the most determined researcher to seek them out. The Netherlands Institute for …
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Dalhousie Law Journal
This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Dalhousie Law Journal
This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan
Dalhousie Law Journal
This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …