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Selected Works

International Law

Brian Slattery

Articles 1 - 6 of 6

Full-Text Articles in Law

The Paradoxes Of National Self-Determination, Brian Slattery Feb 2014

The Paradoxes Of National Self-Determination, Brian Slattery

Brian Slattery

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood …

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Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery Jan 2005

Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery

Brian Slattery

No abstract provided.

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Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery Dec 2002

Our Mongrel Selves: Pluralism, Identity And The Nation, Brian Slattery

Brian Slattery

This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.

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The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery Jan 1984

The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery

Brian Slattery

This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.

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French Claims In North America, 1500-59, Brian Slattery Jan 1978

French Claims In North America, 1500-59, Brian Slattery

Brian Slattery

This article reviews the history of early French explorations in North America in their diplomatic context and concludes that, contrary to common assumptions, there is little reliable evidence that France laid official claim to North American territories prior to 1560 or that it viewed these territories as territorium nullius or denied the capacity and rights of Indigenous American peoples.

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French Claims In North America, 1500-59, Brian Slattery Dec 1977

French Claims In North America, 1500-59, Brian Slattery

Brian Slattery

Historians usually trace the origins of Canada to the initial explorations of England and France, with emphasis upon the French voyages of the early sixteenth century involving Verrazzano, Cartier, and Roberval. France, it is said, officially asserted territorial rights in North America at this era, based upon the discoveries and acts of taking possession of its emissaries, and that these claims were sustained, if in a somewhat desultory manner, until the successful colonizing efforts of the following century. The French crown is thought to have treated North America as unowned land open to appropriation, territorium nullius, rejecting the claims of …

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