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Full-Text Articles in Law
"Are We There Yet?": Towards A New Rule For Choice Of Law In Tort, Janet Walker
"Are We There Yet?": Towards A New Rule For Choice Of Law In Tort, Janet Walker
Osgoode Hall Law Journal
The Supreme Court's effort to establish certainty in this area by basing a firm rule on a clear theory has failed. The intention was laudable but the proposed theory bore little relation to the courts' adjudicative concerns; and the rule sometimes produced injustice, prompting courts to circumvent it. This article considers the brief history of choice of law in tort and recent developments in common law and civil law jurisdictions, and suggests a new theory and a new rule (based on principles of tort law rather than public international law) which are likely to increase certainty by promoting fairness.
Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black
Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black
Osgoode Hall Law Journal
A notable omission from the legal apparatus for international free trade is a multilateral agreement on court jurisdiction and enforcement of foreign country judgments. However, negotiations toward such an international convention are in progress. This paper explores the background to those discussions. It examines the current draft of the proposed judgments convention with particular reference to the way in which implementation of that draft would affect Canadians engaged in the practice of international commercial litigation. It concludes with a discussion of current sticking points in the negotiations, and with commentary on the judgment enforcement scene and the implications of failure …