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Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Dalhousie Law Journal
African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Dalhousie Law Journal
In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …
Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown
Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown
Dalhousie Law Journal
This paper considers the impact of international agreements in disciplining tax discrimination affecting cross-bordertrade in services. It addresses three questions. First, how do tax and trade agreements interact in the discipline of tax measures affecting cross-border service providers? Second, does this interaction result in tax discrimination against foreign service providers in the NAFTA bloc? Third, if so, what remedies, if any, are available to cross-border service providers with respect to tax measures that are discnminatory? The paper concludes with illustrative examples that service providers in the NAFTA bloc, depending on the applicable treaty are subject to differing tax treatments, are …
Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman
Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman
Dalhousie Law Journal
In this article, international law is viewed as a social and self-constituting phenomenon As the product of international society's actualization, it contains many biases and prejudices. Given the inherent subjectivity of any system designed to regulate relations between people - and peoples - it is of utmost importance to subject international law to a searching scrutiny of its tendencies to emphasise certain interests, to exalt particular groups and to order society in preconceived ways. This article uncovers the insidious structural biases of international law including those just beneath the surface as well as those that are firmly embedded within the …
Collective Insecurity: The Liberian Crisis, Unilateralism, & Global Order, Chidi Oguamanam
Collective Insecurity: The Liberian Crisis, Unilateralism, & Global Order, Chidi Oguamanam
Dalhousie Law Journal
Recently, a democratically elected president issued an order requiring another President, also in office with, as it were, a democratic mandate, to vacate office. The latter complied and no dissenting voice was raised from anywhere in the rest of the world. The one is George W. Bush of the United States; the other is Charles Taylor of Liberia. This arrangement raises several questions: How is this state of affairs possible in 21st century Africa? How is it that Charles Taylor. a power hungry and known felon, became an elected president of Liberia in the first place, one that left in …
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Dalhousie Law Journal
The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation s consequential participation in inter-state efforts to combat it. The Court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court s adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion …
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 …
Seeking Historical Truth: The International Commission Of Inquiry Into The 1932-33 Famine In Ukraine, A J. Hobbins, Daniel Boyer
Seeking Historical Truth: The International Commission Of Inquiry Into The 1932-33 Famine In Ukraine, A J. Hobbins, Daniel Boyer
Dalhousie Law Journal
In the 1980s the WCFU (World Congress of Free Ukrainians) undertook many initiatives to "educate" Western public opinion on the Ukrainian Famine of 1932- 33, claiming that the famine was a Soviet act of genocide against the Ukrainian people. The WCFU sponsored an international commission of enquiry, composed of seven eminent international jurists, and appeared before the commission as plaintiff. The Commission dealt with a number of controversial issues in international law, including the question of whether the charge of genocide could predate the 1948 convention. The Commission deliberations are examined in detail, frequently with the use of unpublished sources …
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
Dalhousie Law Journal
The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …
States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer
States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer
Dalhousie Law Journal
There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Dalhousie Law Journal
In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …
Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier
Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier
Dalhousie Law Journal
While the shortcomings of the common law rules of private international law were being reformed by statute in England, Canadian law, left to judicial development, remained mired in nineteenth-century thinking. A much overdue reassessment was finally undertaken by the Supreme Court earlier this decade. In Morguard Investments Ltd. v. De Savoye and Hunt v. T & N plc the Court recast the common law rules on jurisdiction and the enforcement of foreign judgments to conform with its perception of the "new world order" and Canadian federal structure. It then proceeded to endow these rules with constitutional authority. Although the Court's …
Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago
Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago
Dalhousie Law Journal
On July 1, 1997, Hong Kong will be returned by Britain to China. The date, established by the Sino-British Joint Declaration of 1984' is quickly approaching. The economic and political consequences of repossession by China are certainly of vital importance to the people of Hong Kong but the effect of various international legal obligations after 1997 is also a significant issue. In accordance with the Joint Declaration, a Sino-British Joint Liaison Group was established to address this issue.' It was charged with considering what action should be taken by the British and the Chinese governments to ensure the continued application …
International Consequences Of Norway's Decision To Allow The Resumption Of Limited Commercial Whaling, Dylan A. Macleod
International Consequences Of Norway's Decision To Allow The Resumption Of Limited Commercial Whaling, Dylan A. Macleod
Dalhousie Law Journal
In May 1993, Norway announced that it intended to resume limited, controlled commercial whaling. Although the International Whaling Commission (of which Norway is a founding member) voted by an eighteen to six margin to uphold the moratorium on commercial whaling originally established in 1985-86, Norway's decision to resume limited commercial whaling was not illegal. Norway had legally "opted out" of the moratorium by way of the Objections Procedure contained in the International Whaling Convention. Beyond being legal, Norway's decision to resume small-scale harvesting of minke whale stocks was in accordance with the findings of the Scientific Committee of the IWC, …
Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie
Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie
Dalhousie Law Journal
During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?
Identifying A Future Refugee Problem: Hong Kong 1997, Daniel C. Turack
Identifying A Future Refugee Problem: Hong Kong 1997, Daniel C. Turack
Dalhousie Law Journal
On December 19, 1984, the United Kingdom's Prime Minister, Margaret Thatcher, and Premier Zhao Ziyang of the People's Republic of China, formally signed the Sino-British Joint Declaration on the Question of Hong Kong whereby the status of the British Dependent Territory of Hong Kong will cease to exist. As of July 1, 1997, the Chinese Government of the People's Republic of China (PRC) will resume or be restored to sovereignty over the total territory known as Hong Kong.
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 …
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Dalhousie Law Journal
Nigeria is a Federation consisting of twenty-one States, and a Federal Capital Territory. It is the largest African Country with probably the largest concentration of foreign investment potentialities with a viable and adequate financing. In the true tenet of Federalism, the 1979 Constitution provided for a distinction in the legislative powers between the central Government and the State Governments. The Constitution of the Federal Republic of Nigeria 1989 has also maintained this federal arrangement. Although that is the constitutional position, the Military Government has, as a matter of policy, built into the system some element of unitarism in a federal …
International Law In Asia: An Initial Review, Jeremy Thomas
International Law In Asia: An Initial Review, Jeremy Thomas
Dalhousie Law Journal
It is now a little over half a century since the first of the states of Asia to be granted their independence in the aftermath of the Second World War became sovereign and independent of their former colonial masters. In that period there have been very substantial changes in international law. The number of the family of nations has more than tripled and international organisations and even individuals are now subject to the application of international law. Space law, human rights and the law of the environment have appeared, the law of the sea has been transformed, disarmament has reappeared …
Iran-United States Claims Tribunal, Gunnar Lagergren
Iran-United States Claims Tribunal, Gunnar Lagergren
Dalhousie Law Journal
On 1 July 1981, at the Peace Palace in The Hague, I had the privilege of declaring open the Iran-United States Claims Tribunal, which had been constituted in accordance with the Declarations made by the Government of the Democratic and Popular Republic of Algeria, on 19 January 1981, and adhered to by Iran and the United States of America. As I observed at that time, two great nations had, by agreeing to peaceful settlement of their differences through arbitration, brought to an end a crisis of unique complexity which might well have become a threat to world peace.
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 Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
Dalhousie Law Journal
In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …
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.
Treaty Interpretation: Theory And Reality, Paul Gormley
Treaty Interpretation: Theory And Reality, Paul Gormley
Dalhousie Law Journal
The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels …
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.
Lawyers And The Nuclear Debate, Malcolm Shaw
Lawyers And The Nuclear Debate, Malcolm Shaw
Dalhousie Law Journal
The volume under review constitutes a valuable and exciting contribution to the whole nuclear debate. Its distinctiveness, perhaps, lies in the format. A mix of more formal and prepared papers, less formal papers, interventions and discussions provides an interesting example of the genre. While one is clearly not dealing with an academic treatise, the style of the compilation enhances the feeling of acute concern, spontaneity and the sense of the contemporary significance of the whole enterprise.
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 …
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Dalhousie Law Journal
Although international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,' the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called "technological adolescence", as individuals and corporations, largely from industrialized nations, exploited the earth's resources with little if any concern for the immediate and long-term implications …
The Treatment Of Prisoners Under International Law, L C. Green
The Treatment Of Prisoners Under International Law, L C. Green
Dalhousie Law Journal
As Legal Adviser to Amnesty International, Mr. Rodley is well aware of the numerous occasions on which prisoners and detainees in a variety of countries suffer inhumane treatment, often involving torture or even death. As a contribution to the UNESCO series New Challenges in International Law he has produced this study of The Treatment of Prisoners under International Law seeking to show the extent to which international legal regulation attempts to protect such persons, either by way of the general rules concerning human rights or by way of specific regulations and studies carried out under the auspices of international organizations.