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Articles 1 - 11 of 11
Full-Text Articles in Law
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
PhD Dissertations
This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …
International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez
International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez
LLM Theses
A review of the legal regime governing the shipments of radioactive materials reveals an array of preventive and emergency measures as well as liability and compensation measures. The legal regime, however, does not provide any voice to all potentially affected entities, particularly developing Coastal States and the marine environment. The legal regime must be transformed in order to take the above interests into consideration. Any reform in the legal system must start with an evaluation of the ethics and philosophy underlying the system. Understanding the ethical and philosophical basis of the legal regime contributes to the formulation of recommendations for …
Corporate Control: A Comparative Examination Of Corporate Law In Canada And The People's Republic Of China, Qin Zhao
LLM Theses
This thesis examines the concept of corporate control in Canadian and Chinese business enterprises. Going beyond traditional studies of corporate governance, which are concerned principally with the relationship between shareholders and corporate managers, this thesis explores the ways in which corporate law in China and in Canada regulates and arbitrates the relationships among all corporate participants, in the context of the political, social, economic and cultural milieu in which corporate law and policy in both countries has evolved. Through a comparative examination of corporate control issues under two specific corporate law regimes--that of the Canada Business Corporations Act (CBCA), and …
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater
LLM Theses
In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …
Prospectus Disclosure And The Role Of The Securities Commissions In Ontario And Bangladesh: A Comparative Study, Md. Anowar Zahid
Prospectus Disclosure And The Role Of The Securities Commissions In Ontario And Bangladesh: A Comparative Study, Md. Anowar Zahid
LLM Theses
The fundamental difference between Ontario law and Bangladesh law is that the former is based on the combination of the disclosure theory and the "blue sky" (merit review) theory while the latter is based on the disclosure theory alone. Accordingly, the Ontario Securities Commission (OSC) exercises twofold powers: it reviews the disclosures contained in a prospectus and also determines the merit of the offering. In other words, it ensures that "full, true and plain" disclosures are made in a prospectus, and at the same time it examines the offering to see whether any element jeopardizing the public interest is present …
Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic
Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic
LLM Theses
The multimodal transport of dangerous goods is a high risk enterprise for the participants, the public, and public and private property. This study examines the lack of congruency of safety and environmental protection rules which govern the international transport of dangerous goods, along with the concurrent progressive efforts of the international community to ensure global and inter-modal harmonization of these rules. It discusses their inadequacy and proposes a solution. The analysis of the existing rules, fragmented along modal and geographical fines, shows that they do not sufficiently introduce the safety, environmental protection and liability considerations into the legal regime governing …
The Emergence Of Integrated Coastal And Ocean Management In Canada's Oceans Act: Challenges Of Integrating Fragmented Resource Sectors In Georges Bank, Nova Scotia And Hecate Strait, British Columbia, Gloria Chao
LLM Theses
For a good part of the last fifty years, Canadian oceans governance has consisted of single-sectoral and multi-jurisdictional regulation of oceans uses. This fragmented governance régime has proven ill-equipped to address multisectoral resource use conflicts, which necessitate the integration of various interdependent sea use relationships. As early as the 1970s, international fora and documents began developing the notion of integrated coastal and ocean management [hereinafter ICOM] as an approach to international and national oceans governance in order to address sea use conflicts. Canada's adoption of ICOM as a national approach was a slow process. It was only in 1996, with …
Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji
Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji
LLM Theses
The discontent in Liberia, which found expression in a violent rebellion, was soon fanned across the sub-region by the inconsistencies of the Berlin boundaries in Africa. Faced with a defective global machinery for the resolution of armed conflicts, what should the neighbouring states do? The West African states found an answer to that conundrum by forcefully intervening on the grounds of a collective security interest in Liberia. In an age of widening conception of collective security, the West African states have urged as legal justifications, the invitation by the incumbent president of Liberia, collective self-defence and an 'ex post facto' …
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
LLM Theses
This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …
Sexual Misconduct Of Educators: A Comparison Of Decisions Of Courts And Tribunals In British Columbia, Nova Scotia And Ontario, Barbara J. Murray
Sexual Misconduct Of Educators: A Comparison Of Decisions Of Courts And Tribunals In British Columbia, Nova Scotia And Ontario, Barbara J. Murray
LLM Theses
This thesis examines the genesis of society's awareness of the problem of child sexual abuse as well as changes in the legal system to the prosecution of child sexual offence cases and then situates the problem within the educational system in British Columbia, Nova Scotia and Ontario. Thereafter, there is an examination of the panoply of remedies that the legal system provides to victims of sexual misconduct by educators. Conversely, it also analyses whether it is fair that educators who engage in such conduct should be faced with a multiplicity of proceedings before many different institutions. Further, the efficacy of …
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Palmater
In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Palmater
LLM Theses
In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …