Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 5 of 5
Full-Text Articles in Law
International Adjudication Of Land Disputes: For Development And Transnationalism, Perry S. Bechky
International Adjudication Of Land Disputes: For Development And Transnationalism, Perry S. Bechky
Perry S. Bechky
This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called Salini contribution-to-development test in favor of case-by-case adjudication on the merits. Second, the article locates such adjudication within the modern trend toward transnationalism, a trend that unites international investment law with human rights law. In light of these observations, the article concludes that international adjudication of land disputes may contribute to such human values as development, human rights, and the rule of law.
Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach
Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant
Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant
Michelle Gallant
This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.
Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.