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Articles 1 - 26 of 26
Full-Text Articles in Law
An Imperial History Of Race-Religion In International Law, Rabiat Akande
An Imperial History Of Race-Religion In International Law, Rabiat Akande
Articles & Book Chapters
More than half a century after the UN’s adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention’s protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were mutually co-constitutive in the colonial encounter and foundational to the making of modern international law. Moreover, the contemporary proposal to address the interplay of racial and religious othering is hardly new; iterations of that demand surfaced in the earlier twentieth century, as well. By illuminating the centrality …
Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong
Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong
Articles & Book Chapters
Canada has pursued policies of Indigenous assimilation and annihilation, many of which continue today. Among others, these include ‘Indian residential schools’, the Indian Act, welfare-state child removals, the Sixties Scoop, the prohibition of cultural practices, forced sterilization and environmental destruction. We are scholars co-leading a large interdisciplinary programme of research studying ‘colonial genocide’. Our research seeks to understand how historic colonialism and its contemporary manifestations rely on genocidal logic for power and profit. While we begin in Turtle Island, our work has global application. The act of naming is a powerful analytical and political tool, and ‘genocide’ is one of …
Corporate Law’S Threat To Human Rights: Why Human Rights Due Diligence Might Not Be Enough, Barnali Choudhury
Corporate Law’S Threat To Human Rights: Why Human Rights Due Diligence Might Not Be Enough, Barnali Choudhury
Articles & Book Chapters
The take-up of mandatory human rights due diligence (HRDD) initiatives by states is continuously gaining momentum. There are now numerous states adopting some form of HRDD laws. While corporations being duly diligent in respecting human rights is a positive step towards addressing problems of business and human rights, these HRDD initiatives on their own may only be a form of window-dressing, that is, enabling states to put a smart spin on their efforts to address business and human rights issues without addressing some of the root causes of that predicament. As a result, HRDD laws are likely to be a …
Neutralizing Secularism: Religious Antiliberalism And The Twentieth-Century Global Ecumenical Project, Rabiat Akande
Neutralizing Secularism: Religious Antiliberalism And The Twentieth-Century Global Ecumenical Project, Rabiat Akande
Articles & Book Chapters
A marked feature of the contemporary U.S. constitutional landscape is the campaign by an Evangelical- Catholic coalition against the idea of secularism, understood by this alliance to mean the exclusion of religion from the state and its progressive marginalization from social life. Departing from the tendency to treat this project as a national phenomenon, this article places it within a longer global genealogy of an earlier international Christian ecumenical effort to combat secularism. The triumph of that campaign culminated in the making of Article 18 of the Universal Declaration of Human Rights, now considered the paradigmatic international legal provision on …
Centring The Black Muslimah: Interrogating Gendered, Anti-Black Islamophobia, Rabiat Akande
Centring The Black Muslimah: Interrogating Gendered, Anti-Black Islamophobia, Rabiat Akande
Articles & Book Chapters
No abstract provided.
Experimenting With Credibility In Refugee Adjudication: Gaydar, Sean Rehaag, Hilary Evans Cameron
Experimenting With Credibility In Refugee Adjudication: Gaydar, Sean Rehaag, Hilary Evans Cameron
Articles & Book Chapters
Canada offers refugee protection to sexual minorities facing persecution abroad. While success rates for sexual minority refugee claims have generally been higher than the overall average at Canada’s Immigration and Refugee Board, hundreds of such claims are nonetheless turned down each year. The most common reason for denying these claims is that assertions about the claimants’ sexual orientations are determined not to be credible. Scholars have raised concerns about how such credibility determinations are made. This article contributes to the critical literature in this area by exploring sexual minority refugee claim credibility assessments through an experimental study involving simulated refugee …
Online Abuse, Chilling Effects, And Human Rights, Jonathon W. Penney
Online Abuse, Chilling Effects, And Human Rights, Jonathon W. Penney
Articles & Book Chapters
Online harassment, cyberbullying, hate, and other forms of online abuse pose a significant threat to human rights in Canada. Now, the country is at a crossroads: it will face American pressure to adopt a broad immunity model similar to Section 230 of the Communications Decency Act (CDA) or, at long last, take more robust action to address cyberharassment and other online abuse, beyond the piecemeal approach used today. Central to this regulatory debate are concerns and claims about “chilling effects”—that is, the idea that certain regulatory actions may “chill” or deter people from exercising their rights online and in other …
Impacts Of Investment Treaties On Health And Human Rights, Gus Van Harten
Impacts Of Investment Treaties On Health And Human Rights, Gus Van Harten
Articles & Book Chapters
While investment treaties could help protect health and promote human rights, they are rather often used as a means to discourage governments from taking action. The treaties allow foreign investors to initiate investor-state dispute settlement (or ISDS) proceedings against states for their legislative, executive, administrative, and judicial decisions at any level. Thus, they provide a powerful tool for “foreign” investors to frustrate state action in virtually any area, including health and human rights. This article describes how ISDS provisions have impacted health-related decision- making by states and, in so doing, weakened their abilities to fulfill their human rights obligations.
Canadian-Nigerian Human Rights Engagements (1999-2011): An Introduction, Obiora C. Okafor
Canadian-Nigerian Human Rights Engagements (1999-2011): An Introduction, Obiora C. Okafor
Articles & Book Chapters
More contemporary Canadian-Nigerian human rights engagements have occurred against the backdrop of a relatively long history of engagement in this area between the two countries, and alongside an even longer history of Canadian-Nigerian relations more generally. These are histories within which one must situate the human rights engagements between these countries during the specific period under study here. As is well known, Canada established diplomatic relations with Nigeria shortly after Nigeria’s independence from British colonial rule in 1960. Nigeria reciprocated in 1973. It is noteworthy that Canada has for several decades now funded or otherwise supported many human rights efforts …
Baxian Tremf Anxieties And Patterns Of Norm Entrepreneurship In Canada-Nigerian Human Rights Engagements: A Theoretical Overview, Obiora C. Okafor
Baxian Tremf Anxieties And Patterns Of Norm Entrepreneurship In Canada-Nigerian Human Rights Engagements: A Theoretical Overview, Obiora C. Okafor
Articles & Book Chapters
The article argues that the evidence that has been systematically analyzed in the study that grounds this volume at once support and undermine certain elements of the two theoretical frameworks that grounded the research: Upendra Baxi’s germinal theory on the emergence to global dominance of a kind of “trade-related market-friendly human rights” (TREMF) paradigm/discourse/mentality, and Martha Finnemore and Karthryn Sikikink’s strategic social constructivist theory on the role of the norm entrepreneur in generating and driving the so-called human rights “norm life cycles.” The article then suggests, in consequence, that both of these theoretical frameworks require a (modest) measure of refinement.
The Nature, Attainments, Problems And Prospects Of Canadian-Nigerian Human Rights Engagements: An Analytical Overview, Obiora C. Okafor
The Nature, Attainments, Problems And Prospects Of Canadian-Nigerian Human Rights Engagements: An Analytical Overview, Obiora C. Okafor
Articles & Book Chapters
By way of a fully developed conclusion, this article offers a broad analytical overview of the insights that have been jointly and severally generated by the main sub-studies on which the articles in this volume are based. It offers such overarching discussions, one after the other, in relation to the nature, attainments, problems, and prospects of Canadian-Nigerian international human rights engagements. Drawing upon these analytical insights, the article then makes some pertinent recommendations that are addressed to the relevant stakeholders, especially in Canada and Nigeria, i.e. policy-makers, practitioners and theorists alike (depending on which of the itemized points they find …
Poverty In The Human Rights Jurisprudence Of The Nigerian Appellate Courts (1999-2011), Obiora C. Okafor, Basil E. Ugochukwu
Poverty In The Human Rights Jurisprudence Of The Nigerian Appellate Courts (1999-2011), Obiora C. Okafor, Basil E. Ugochukwu
Articles & Book Chapters
The major objective of this article is to examine the extent to which the human rights jurisprudence of the Nigerian appellate courts has been sensitive and/or receptive to the socio-economic and political claims of Nigeria’s large population of the poor and marginalized. In particular, the article considers: the extent to which Nigerian human rights jurisprudence has either facilitated or hindered the efforts of the poor to ameliorate their own poverty; the kinds of conceptual apparatuses and analyses utilized by the Nigerian courts in examining the issues brought before it that concerned the specific conditions of the poor; and the key …
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
Articles & Book Chapters
This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.
Post-9/11 Lawyers, Trevor C. W. Farrow
Post-9/11 Lawyers, Trevor C. W. Farrow
Articles & Book Chapters
Based on notes made by the author during a visit to the World Trade Center site in lower Manhattan.
The Evictions At Nyamuma: Struggles Over Land And The Limits Of Human Rights Advocacy In Tanzania, Ruth Buchanan, Kerry Rittich, Helen Kijo-Bisimba
The Evictions At Nyamuma: Struggles Over Land And The Limits Of Human Rights Advocacy In Tanzania, Ruth Buchanan, Kerry Rittich, Helen Kijo-Bisimba
Articles & Book Chapters
The event which gave rise to the inquiry in this paper occurred in a village known as Remaining Nyamuma which was located on the border of the Ikorongo Game Reserve, immediately adjacent to the Serengeti National Park in Tanzania. Sometime in October of 2001, district officials informed the villagers by loudspeaker that they must leave the area and return to their original villages within four days. Two days after the notice period had ended, the District Commissioner himself set fire to a house belonging to one of the villagers, initiating a violent eviction of the villagers by the burning of …
Assessing Baxi’S Thesis On The Emergence Of A Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence From Nigerian Labour-Led Struggles, Obiora Chinedu Okafor
Assessing Baxi’S Thesis On The Emergence Of A Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence From Nigerian Labour-Led Struggles, Obiora Chinedu Okafor
Articles & Book Chapters
The objective of the article is to assess some of the sub-claims that emerge from Baxi’s thesis on an emergent trade-related market-friendly human rights paradigm in the light of the available evidence regarding the intense contestations and confrontations that have occurred between Nigeria’s politically and economically transitional Obasanjo regime and a local labour-led coalition. The piece sets out to ascertain the contextual and localised validity of these ‘Baxian’ sub-claims, within the wider context of the government vs. labour confrontations in Nigeria during the neo-liberal socio-economic reforms undertaken in that country between 1999 and 2005.
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Articles & Book Chapters
No abstract provided.
Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir
Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir
Articles & Book Chapters
In September 2004 Toronto-based Noranda Inc., one of the world's largest producers of nickel and copper, and China Minmetals Corp., a state-owned Chinese company, announced exclusive talks regarding a potential 100 percent buy-out of Noranda. The proposed friendly takeover was expected to be valued at approximately $7.4 billion USD. The dynamic shifted, however, in mid-November when Noranda announced that the exclusivity period for negotiations had expired and would not be renewed. In early March 2005 Noranda expressed frustration at the continuing lengthy process, which was depressing its share value. At the time, Noranda owned 59 percent of leading Canadian nickel …
The Legality And Legitimacy Of Unilateral Armed Intervention In An Age Of Terror, Neo-Imperialism, And Massive Violations Of Human Rights: Is International Law Evolving In The Right Direction?, Jean-Gabriel Castel
Articles & Book Chapters
When the United Nations was created in 1945, its main purpose was to deal with threats to international peace and security in order to prevent states from waging aggressive wars. Today, especially since 9/11, terrorism, the spread of weapons of mass destruction, and internal conflicts involving massive violations of human rights are some of the new challenges confronting this organization. The Security Council, which is charged with the maintenance of international peace and security, has not been very consistent and quick in addressing these issues. As a result, when it has failed to authorize collective action, some states have resorted …
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Articles & Book Chapters
This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.
Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott
Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott
Articles & Book Chapters
No abstract provided.
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Articles & Book Chapters
The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …
Social Rights: Towards A Principled, Pragmatic Judicial Role, Craig M. Scott
Social Rights: Towards A Principled, Pragmatic Judicial Role, Craig M. Scott
Articles & Book Chapters
No abstract provided.
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Articles & Book Chapters
No abstract provided.
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Articles & Book Chapters
This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.
The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams
The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams
Articles & Book Chapters
This article is devoted to the question of whether the extradition from Canada of a fugitive Canadian citizen charged with having committed an act that constitutes a criminal offence for which he or she may be prosecuted both in Canada and in the requesting state is a violation of his or her right as a citizen of Canada to remain in Canada, that is guaranteed by section 6( I ) of the Canadian Charter of Rights and Freedoms.' In analysing this question we shall ( i ) give a brief history of and rationale for extradition, with emphasis on the …