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Articles 1 - 16 of 16
Full-Text Articles in Law
Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey
Will The Rotterdam Rules Be Accepted? A Liner Cargo Interest Perspective, Mary Brooks, Jason Mackey
Dalhousie Law Journal
The paper begins with some background on modern liner shipping and cargo interest perspectives before considering the Rotterdam Rules 2008 (The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), which could ultimately replace Canada's existing carriage of goods legislation. The authors explore the key issues arising from the implementation of the Rules, and discuss why, from a manufactured goods perspective, there will likely be limited acceptance by cargo owners. They conclude that the gains made in the areas of electronic documentation and greater clarity on delay, as well as altered limits of liability do …
The Tabling Of International Treaties Inthe Parliament Of Canada: The First Four Years, Ted L. Mcdorman
The Tabling Of International Treaties Inthe Parliament Of Canada: The First Four Years, Ted L. Mcdorman
Dalhousie Law Journal
In January 2008, the government ofCanada announced the adoption of the policy that international treaties would be tabled in the House of Commons following their signature or adoption and prior to Canada formally notifying its intention to be bound by the treaty. This article provides an overview of the Tabling Policy, the domestic legal structure of treaty-making in Canada, a description of the international instruments that have been tabled under the Policy from 2008 to 2011, and a review of the one treaty that has been discussed at length in the House of Commons.
The Myth Of Jus Tractatus In La Belle Province: Quebec's Gérin-Lajoie Statement, Stéphane Beaulac
The Myth Of Jus Tractatus In La Belle Province: Quebec's Gérin-Lajoie Statement, Stéphane Beaulac
Dalhousie Law Journal
There is much debate in Quebec challenging the traditional stance on jus tractatus," prevalent for nearly 100 years, to the effect that the federal government enjoys plenary power to enter into international treaties, whether the subject matter is federal or provincial. The paper argues that Quebec's Gdrin-Lajoie "doctrine" has become a myth over the years, liable to have a huge semiotic effect, creating the perception that there is an incontestably true legal basis for provincial treatymaking power After dwelling upon the ontological understanding of mythology, the author shows that the constitutional practice since the emancipation from Great Britain, as well …
The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels
The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels
Dalhousie Law Journal
This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between …
The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral
The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral
Dalhousie Law Journal
The European Union is not generally perceived as an Arctic power However, the ever-expanding list of EU competences implies that it will have both an interest in participating in the governance of the Arctic and the authority to do so, should the seven Arctic states agree to make room. This development holds both challenges and opportunities for Canada and other Arctic states. The challenges stem from the factthat the EU will seek topromote the economic interests ofits Member States in resource extraction and freedom of navigation where Canada and Russia, in particular, have asserted strong national policies. The opportunities lie …
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 …
Hugh M. Kindred: A Tribute, Robert J. Currie, Phillip Saunders
Hugh M. Kindred: A Tribute, Robert J. Currie, Phillip Saunders
Dalhousie Law Journal
We are pleased to introduce this special issue of the Dalhousie Law Journal, which is essentially a mini-festschriftin honour of Professor Hugh Kindred. Hugh began teaching at what was then Dalhousie Law School in 1971 and retired from full-time teaching in 2008, with a well-deserved Professor Emeritus status bestowed on him in 2010. In between Hugh provided wisdom, quiet counsel and gracious generosity to generations of students and faculty at what is now called the Schulich School of Law, and became a pillar of the Canadian legal academic community. His legacy is enormous and ongoing, as Hugh has continued to …
Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae
Hugh Kindred And The Teaching Of International Law In Canada, Don Mcrae
Dalhousie Law Journal
The casebook, International Law, Chiefly as Interpreted and Applied in Canada under the general editorship of Hugh Kindred, which first appeared in 1987, was a milestone in the teaching of international law in Canada. It was an important teaching tool that made international law accessible to students. Seeing international law through the eyes of Canadian practice, Canadian materials and Canadian experience, the book was an introduction to the fundamentals of the field and to the developments and debates of contemporary international law Engaging on the editorial board Canadian academics from different law schools, Hugh Kindred has been able to provide …
"And The People Of The Province": Egspa's Social Deficit, Susan Tirone, Lkaren Gallant, Katie Sykes
"And The People Of The Province": Egspa's Social Deficit, Susan Tirone, Lkaren Gallant, Katie Sykes
Dalhousie Law Journal
The success of the Nova Scotia Environmental Goals and Sustainable Prosperity Act (EGSPA) depends on citizen action, changes in attitudes and in the way citizens conduct their lives. In this article the authors discuss the challenges associated with encouraging citizen engagement with EGSPA, and in promoting public awareness and attitudes that support sustainability in Nova Scotia.
Searching And Seizing After 9/11: Developing And Applying Empirical Methodology To Measure Judicial Output Inthe Supreme Court's Section 8 Jurisprudence, Richard Jochelson, Michael Weinrath, Melaine Janelle Murchison
Searching And Seizing After 9/11: Developing And Applying Empirical Methodology To Measure Judicial Output Inthe Supreme Court's Section 8 Jurisprudence, Richard Jochelson, Michael Weinrath, Melaine Janelle Murchison
Dalhousie Law Journal
In 2005, Margit Cohn and Mordechai Kremnitzer created a multidimensional model to measure judicial discourse inherent in the decision making of constitutional courts. Their model set out multiple indicia bywhich to measure whether the court acted within proper constitutional constraints in order to determine the extent to which a court rendered a decision that was activist or restrained. This study attempts to operationalize that model. We use this model to analyze changes in interpretation of search and seizure law under section 8 after the enactment of the Canadian Charter of Rights and Freedoms at the Supreme Court of Canada. The …
Negotiating The Interface Of Environmental And Economic Governance: Nova Scotia's Environmental Goals And Sustainable Prosperity Act, William Lahey, Meinhard Doelle
Negotiating The Interface Of Environmental And Economic Governance: Nova Scotia's Environmental Goals And Sustainable Prosperity Act, William Lahey, Meinhard Doelle
Dalhousie Law Journal
The year 2012 marks the fifth anniversary of the Environmental Goals and Sustainable Prosperity Act (EGSPA). The Act is an experiment in improving government performance in promoting sustainable prosperity through the process of setting legislative goals and enhancing accountability This article provides an overview of the Act and an assessment of its performance over these first five years. As such, it supplies the context for the other contributions to the collection of essays on EGSPA in this issue of the Journal. The authors conclude that the Act has had a positive impact on government action on sustainable prosperity and that …
Assessing Exclusion Clauses: The Supreme Court Of Canada's Three Issue Framework In Tercon Contractors Ltd V British Columbia (Transportation And Highways), Shannon O'Byrne
Dalhousie Law Journal
The Supreme Court of Canada's 2010 decision in Tercon Contractors Ltd v British Columbia (Transportation and Highways) concerned the enforceability of a broadly drafted exclusion clause in the context of public procurement tendering. It is noteworthy for several reasons. First, the decision unanimously articulated a three-issue framework for determining the enforceability of exclusion clauses. Second, and on a more theoretical front, Tercon offered competing visions as to how contracts are to be interpreted. Though the Supreme Court was unanimous that parties to a contract should-of course-generally be bound by its terms, the majority and dissent followed significantly different paths for …
From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn
From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn
Dalhousie Law Journal
With a renewed global interest in achieving a more sustainable society, the authors reflect on the history of institutionalizing sustainable development in their province, Manitoba, and consider its future. This paper outlines that province's approaches to developing and advancing sustainable development and discusses the success of these approaches in shaping, guiding, and furthering sustainable development in the province. This is achieved through examination of legislation and review of sustainable development documents as well as interviews with various participants in the process including members of the Manitoba Round Table for Environment and Economy and members of the more recent Manitoba Round …
In Search Of "Compass And Gyroscope": Where Were Adaptive Management And Principled Negotiation In Nova Scotia's Forest-Strategy Process?, Peter N. Duinker
In Search Of "Compass And Gyroscope": Where Were Adaptive Management And Principled Negotiation In Nova Scotia's Forest-Strategy Process?, Peter N. Duinker
Dalhousie Law Journal
In his landmark 1993 book entitled Compass and Gyroscope: Integrating Science and Politics for the Environment, Kai Lee outlined the need for stronger processes in support of sustainable development. The science of adaptive management and the politics of principled negotiation were offered as the most promising approaches. The author uses these concepts to evaluate the process used to develop Nova Scotia's natural resources strategies of August 2011, specifically the forest strategy following the Environmental Goals and Sustainable Prosperity Act. The findings show that, by comparison with similar policy-development processes used elsewhere in Canada, the Nova Scotia process lacked both foresight …
Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal
Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal
Dalhousie Law Journal
"Whistleblowing" is the act or process of alerting others to scandal, danger, malpractice, corruption or other wrongdoing. In this article, the authors assert that a strongly developed freedom of conscience, distinct from freedom of religion. could contribute to the development of socially-valuable whistleblowing. While conscience is often treated as inseparable from religion, the authors suggest that the deliberate inclusion of "conscience" in s. 2(a) of the Charter implies that "conscience" ought to be recognized as an independent and robust freedom. This then provides the framework for accepting and recognizing the importance of whistleblowing and lessening its socialstigma. The article presents …
Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour
Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour
Dalhousie Law Journal
This paper compares carbon pricing policies in British Columbia and Australia in order to identify differences between carbon taxes and emissions trading schemes (ETS) from a fairness perspective. We examine how taxes and trading systems impact indigenous communities in both jurisdictions. While the regressivity of carbon pricing is a critical part of any fairness assessment, we argue that socioeconomic and cultural factors must also be taken into consideration. We discuss the importance of accompanying carbon pricing with policies that mitigate not only distributional impacts, but also additional impacts. These may be funded by the revenue generated by the policy or …