Law Commons^™

Did The Paris Agreement Fail To Incorporate Human Rights In Operative Provisions? Not If You Consider The 2016 Dgs, Patricia Galvao-Ferreira

Law Publications

The implementation of the Paris Agreement on climate change should follow a rights-centred approach, not only because negative climate change impacts can directly affect several human rights, but also because actions to address climate change may also provoke unintended human rights consequences. During the negotiations that led up to the signing of the Paris Agreement in December 2015, states included an explicit reference to human rights only in the preamble of the legal norm, negotiating other direct references to human rights out of operative provisions. The outcome of negotiations raised the question of whether states have missed an opportunity to …

Theory And Theoretical Approaches To Wto Law, Chios Carmody

Law Publications

This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …

Clinical And Experiential Learning Programs In Canadian Law Schools, Gemma Smyth, Samantha Hale, Neil Gold

Law Publications

Information for this chart is from law school and clinic websites as well as from follow-up interviews with Deans or Deans’ Designates of 13 of the 16 common law schools in Canada. Programs were deemed “Experiential” if the majority of the activities and/or assessment in a class is taught or practiced experientially. Only credit-bearing programs are included here.

Bhasin V. Hrynew: A New Era For Good Faith In Canadian Employment Law, Or Just Tinkering At The Margins?, Claire Mummé

Law Publications

In Commonwealth Bank Australia v Barker the High Court of Australia refused to impose an implied duty of mutual trust and confidence into the employment contract, reasoning that doing so would take the Court beyond its legitimate authority.[1] Issued a bare two months later, the Supreme Court of Canada went in a different direction. In Bhasin v. Hrynew, the Court acknowledged good faith as a central organizing principle of contract law, and announced a new duty of honest performance applicable to all contracts. A few months later the Court applied the new organizing principle of good faith to …

Licensing Parents In International Contract Pregnancies, Andrew Botterell, Carolyn Mcleod

Law Publications

The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross‐border situations, including situations involving international contract pregnancy (or ‘surrogacy’). Should a convention (or other legal instrument) focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to adopt’ (Article 5a). Included in it, therefore, is a parental vetting or licensing …

Tate & Lyle: Pure Economic Loss And The Modern Tort Of Public Nuisance, Andrew Botterell, Jason Neyers

Law Publications

Professor Lewis Klar criticizes the Canadian approach to the tort o f public nuisance for being illogical and incoherent. The authors agree with Klar's assessment o f the current state of public nuisance law, but argue that insights drawn from the House o f Lords decision in Tate & Lyle Industries Ltd. v. Greater London Council offer a way forward. By conceptualizing the tort o f public nuisance as a cause o f action that protects subjects from suffering actual loss that is consequential on the violation of their passage and fishing rights over public property, Tate & Lyle offers …

The Accessibility For Manitobans Act: Ambitions And Achievements In Antidiscrimination And Citizen Participation, Laverne Jacobs, Britney De Costa, Victoria Cino

Law Publications

The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario, which enacted the Ontarians with Disabilities Act in 2001, and, later, a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. The AMA presents a strong set of philosophical and social goals. Its philosophical goals mark accessibility as a human right, and aim to improve the health, independence and well-being of persons with disabilities. The AMA’s social goals have the potential to make a positive impact on the development of equality …

“The Dark Corners Of The World”: International Criminal Law & The Global South, Sujith Xavier, John Reynolds

Law Publications

Despite international criminal law’s historically contingent doctrines and embedded biases, ThirdWorld self-determination movements continue to be enticed by international criminal justice as a potentially emancipatory project. This article seeks to peer inside the structural anatomy of the international criminal law enterprise from a vantage point oriented to the global South. It reflects broadly on discourses of international criminal law and its exponents as they relate to the global South, and explores one particularly contentious issue in the politics of international criminal law ç that of operational selectivity. Redressing such selectivities as they arise from geopolitical biases is an important first …

The Cost Of Seeking Civil Justice In Canada, Noel Semple

Law Publications

How much does it cost individual Canadians to seek civil justice? This article compiles empirical data about the monetary, temporal, and psychological costs confronting individual justice-seekers in this country. The analysis considers the hourly rates of Canadian lawyers relative to American lawyers, and the costs confronting justice-seekers in family courts relative to other civil courts, among other topics. The article suggests that analysis of private costs can improve access to justice in two ways. First, it can help public sector policy-makers reduce these costs. Second, it can help lawyers and entrepreneurs identify new, affordable ways to reduce the costs that …

Clinical And Experiential Learning Programs In Canadian Law Schools, Gemma Smyth, Samantha Hale

Law Publications

No abstract provided.

Learning From Below: Theorising Global Governance Through Ethnographies And Critical Reflections From The Global South, Sujith Xavier

Law Publications

This paper explores the various means by which we can overcome the universalism imbedded in international law and international institutions. It asks: How can international lawyers and international law scholars learn from the Global South? This ‘how’ question prompts another, but related question: should we learn from the Global South?

There is a rich interdisciplinary body of literature that signals to the Global South, or Europe’s other, as a site of knowledge production. The eurocentrism of the social sciences can be identified by examining the various founding fathers of their respective theories (especially sociology). This paper builds on southern theory …