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Towards Development Justice: Re-Visiting The Accountability Of The World Bank And The Imf From A Right To Development Perspective, Maxwel Owuor Miyawa
Towards Development Justice: Re-Visiting The Accountability Of The World Bank And The Imf From A Right To Development Perspective, Maxwel Owuor Miyawa
PhD Dissertations
This dissertation investigates how development justice can be realized through an international accountability praxis that is grounded on the core principles of the United Nations Declaration on the Right to Development, one that recognizes the imperative of direct and distinct accountability of the World Bank and the IMF for their development practices. Empirically, amid the intensification of human rights deprivations and mounting development injustices in the Global South, the dominant development praxis has been typified by the marked absence of direct and distinct accountability of international financial institutions. The normative frameworks of international accountability in the realm of development are …
The Transnational Mining Justice Social Movement: Indigenous Right To Consultation & Right To Remedy Law Reform Activism In Canada And Latin America From 1999-2019, Charis Kamphuis
PhD Dissertations
This portfolio dissertation studies the activism of the transnational mining justice social movement in Canada and Latin America from the late 1990s to 2019. It focuses on two of the movements most significant human rights projects in that period: Indigenous right to consultation in Latin American (company host states), and the right to remedy in Canada (company home state). Chapter One undertakes an in-depth study of the Peruvian Campesino Community San Andres de Negritos long battle in search of a legal remedy for its dispossession in favor of Yanacocha Mine in the early 1990s. The Communitys turn to the law …
The Nexus Standard And Its Implications For International Tax Competition And Soft Law, Huaning Li
The Nexus Standard And Its Implications For International Tax Competition And Soft Law, Huaning Li
PhD Dissertations
This dissertation investigates the importance of the nexus approach to international taxation. The nexus approach was first adopted in Action 5 of the G20/OECD Base Erosion and Profit Shifting (BEPS) Project and has since been implemented as a minimum standard through the BEPS Inclusive Framework. It requires a country to apply preferential taxation of income from patent and patent-like intellectual property (IP) under patent box regimes only to the amount that has a nexus with that country. Drawing on the existing literature and a case study of 10 countries that have adopted the nexus standard, this dissertation makes two central …
Mining Conflict, Indigenous Peoples And Environmental Justice: The Case Of Phulbari Coal Project In Bangladesh, Mohammad Mahmudul Hasan
Mining Conflict, Indigenous Peoples And Environmental Justice: The Case Of Phulbari Coal Project In Bangladesh, Mohammad Mahmudul Hasan
PhD Dissertations
My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decisionmaking process in resource extractive industries through an environmental justice framework. My primary aim is to observe how and to what extent Indigenous peoples’ interests are reflected in official environmental decision-making processes versus how they frame their own claims in a mining conflict situation. I employ extensive qualitative research in the project area to demonstrate how Adibasi communities articulate and implement their claims through raising their voices and ultimately stimulating a movement that stopped …
Re-Visiting The 'Resource Curse': Law And Mining Governance In Southern African Developmental States, Sara Ghebremusse
Re-Visiting The 'Resource Curse': Law And Mining Governance In Southern African Developmental States, Sara Ghebremusse
PhD Dissertations
Using the case studies of Botswana, South Africa, and Zambia, this dissertation interrogates the applicability of the developmental state paradigm to mining developmentalism in Southern Africa. Since the advent of neoliberal Washington Consensus policies and the rise of the resource curse theory beginning in the 1980s, African states have been discouraged from pursuing interventionist policies in their mining sectors. Instead, through the methods of conditionality and transnational norm-creation, many African states were pressured to adopt good governance principles that limited their role, and the role for law, in expanding opportunities for mining-led development across the region. As growing consensus challenged …
Into The "Vortex Of Legal Precision": Access To Justice, Complexity, And The Canadian Tax System, Colin Jackson
Into The "Vortex Of Legal Precision": Access To Justice, Complexity, And The Canadian Tax System, Colin Jackson
PhD Dissertations
This thesis is an exploration of access to justice issues in the Canadian tax system. Drawing on the work of Roderick Macdonald, it argues for a broad conception of access to justice based on the empowerment of individuals in all of the sites, processes, institutions where law is made, administered, and applied. It argues that tax law shows the usefulness of this comprehensive approach to access to justice. Using the comprehensive approach to access to justice, the thesis goes on to argue that legal complexity should be seen as an important access to justice issue in tax law. It lays …
Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes
Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes
PhD Dissertations
This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …
Regulatory Transgression? Drivers, Aims And Effects Of Money Laundering And Terrorism Financing Regulation In Pakistan, Ahmed Sanaa
PhD Dissertations
The harmonization of money laundering and terrorism financing regulation is a key feature of the contemporary global economy. Since 9/11 particularly, the remarkable growth of this field of regulation has been characterized by both scale and intensity. However, this drive towards regulatory convergence is puzzling: the efficacy of the regulation remains unproven while the content of the regulation poses significant challenges to both criminal justice systems and human rights frameworks. The corollary to these observations: who does the regulation benefit? With the understanding that all regulation is an expression of some interest/s, this study analyses the trajectory of this global …
A Comparative Study Of Judicial Safeguards In Relation To Investor-State Dispute Settlement, Pavla Kristkova
A Comparative Study Of Judicial Safeguards In Relation To Investor-State Dispute Settlement, Pavla Kristkova
PhD Dissertations
ISDS is a relatively young and dynamic regime. It faces challenges for which other adjudicative systems, after centuries of development, have found solutions. In ISDS, fair rules and procedures are essential since ISDS is an adjudicative regime said to be based on the rule of law. The importance of complex and carefully crafted rules and procedural safeguards is underscored by the impact of ISDS on a wide array of parties and interests and by its encroachment on the powers of sovereign states affecting their populations. Yet ISDS is criticized as unfair and open to unacceptable appearances of bias due to …
Assessing Canada's Copyright Law In The Digital Context: Digital Locks, Open Licenses, And The Limits Of Legislative Change, Justice Ifeonukwu Ogoroh
Assessing Canada's Copyright Law In The Digital Context: Digital Locks, Open Licenses, And The Limits Of Legislative Change, Justice Ifeonukwu Ogoroh
PhD Dissertations
This dissertation examines Canadas copyright law reform in the information age. The overarching theme of my research underscores the importance of considering the purpose(s) of copyright law and the public interest while navigating the copyright law reform process. Additionally, I advocate that in regulating the influence of technology in the copyright system, the default approach should aim to objectively balance the interests of stakeholders to the extent possible. Ultimately, recognizing that stakeholders will continue to develop pragmatic responses to the changing landscape through private contracting and technological measures, I suggest that embracing regulatory pluralism is the most promising path towards …
A Corporative Theory Of Corporate Law And Governance, Phillip Granville Bevans
A Corporative Theory Of Corporate Law And Governance, Phillip Granville Bevans
PhD Dissertations
This book investigates how a corporation, as a legal entity with certain specific attributes, but lacking human form, can take action in the “real world” of human activity. It contends that a corporation must take such action through, and by means of, an organization, both inside and outside its “corporate” legal limits, consisting of real individual persons and groups of persons. The corporation thus presents itself both as a legal entity assuming the legal form of a corporation and as a social entity taking the form of an organization. One form overlays the other. Those with whom it has legal …
Resisting Obsolescence: A Comprehensive Study Of Canada's Conflict Of Interest And Ethics Commissioner And The Office's Efforts To Innovate While Strategically Asserting Greater Independence, Ian Norris Kellner Stedman
Resisting Obsolescence: A Comprehensive Study Of Canada's Conflict Of Interest And Ethics Commissioner And The Office's Efforts To Innovate While Strategically Asserting Greater Independence, Ian Norris Kellner Stedman
PhD Dissertations
In 2017, Justin Trudeau become the first Prime Minister to be found in violation of Canadas parliamentary ethics laws. This incident alone demonstrated the need for a comprehensive study of the Canadian parliamentary ethics regime. The Conflict of Interest and Ethics Commissioner (COIEC) who administers this regime is broadly recognized as belonging in a category of parliamentary institutions called agents of parliament. The COIEC is the only one of nine such agents who denies that it should be categorized as an agent. Instead, the COIEC argues it is an Officer of the House of Commons a category that is heretofore …
Hryniak, The 2010 Amendments, And The First Stages Of A Culture Shift?: The Evolution Of Ontario Civil Procedure In The 2010s, Gerard Joseph Kennedy
Hryniak, The 2010 Amendments, And The First Stages Of A Culture Shift?: The Evolution Of Ontario Civil Procedure In The 2010s, Gerard Joseph Kennedy
PhD Dissertations
This dissertation investigates the effects of amendments to Ontarios Rules of Civil Procedure that came into effect on January 1, 2010 (the 2010 Amendments) and were subject to interpretation by the Supreme Court of Canada in a 2014 decision (Hryniak). Hryniak concerned summary judgment. However, the dissertation largely concentrates on the effects of Hryniak and the 2010 Amendments outside the summary judgment context, inquiring into whether Hryniaks call for a culture shift and the 2010 Amendments enshrinement of the principle of proportionality have had noticeable effects. It does this by analyzing three aspects of Canadian procedural law that were not …
Disability's Encounter With Legislation And Governance: Long-Term Care Homes In Ontario, Po Land Lai
Disability's Encounter With Legislation And Governance: Long-Term Care Homes In Ontario, Po Land Lai
PhD Dissertations
This dissertation is a comprehensive study of the new legal framework for the long-term care (LTC) sector (also known as nursing homes) in Ontario, Canada. The research sought to answer the following question: What are the potential implications for persons with disabilities of the changes made by the Government of Ontario between 2004 and 2018 to the legislation and governance of treatment, care and living circumstances within LTC homes? LTC is where many older women with disabilities and serious illnesses experience care. This study brings a gendered disability perspective to a public policy issue that is usually singularly associated with …