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Creating "Shelf Space": Nafta's Experience With Cultural Protection, Chios Carmody
Creating "Shelf Space": Nafta's Experience With Cultural Protection, Chios Carmody
Law Publications
The relatively swift negotiation and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD) invites us to consider what came before it and what may follow. This article reviews experience with the creation of cultural “shelf space” under the North American Free Trade Agreement (NAFTA) through the use of a cultural “exception” and how this experience served as an important impetus for Canadian leadership in the negotiation and conclusion of the CCD. The article goes on to consider the CCD’s potential impact as custom and process in the creation of cultural “shelf …
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Law Publications
This article is a sequel to the 1997 article “The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charier of Rights Isn't Such A Bad Thing After All).” In the present article, the authors review various academic critiques of their “dialogue” theory, which postulates that Charter decisions striking down laws arc not the last word, but rather the beginning of a “dialogue,” because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the “dialogue” phenomenon, and …
Reply To Charter Dialogue Revisited, Wade Wright, Allison Thornton, Peter Hogg
Reply To Charter Dialogue Revisited, Wade Wright, Allison Thornton, Peter Hogg
Law Publications
No abstract provided.