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Full-Text Articles in Law

Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong Sep 2023

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 …


Canadian-Nigerian Human Rights Engagements (1999-2011): An Introduction, Obiora C. Okafor Jan 2016

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 …


Praxis And The International (Human Rights) Law Scholar: Toward The Intensification Of Twailian Dramaturgy, Obiora C. Okafor Jan 2016

Praxis And The International (Human Rights) Law Scholar: Toward The Intensification Of Twailian Dramaturgy, Obiora C. Okafor

Articles & Book Chapters

The article critically reflects on the role of the TWAILian international (human rights) law scholar in the socio-economic and political struggles which take place outside the academe; focusing, for the most part, on our role as scholars in advancing struggles in favour of subaltern Third World peoples from within or in concert with international institutions and various kinds of what I will refer to in this paper as “on-the-ground” activist groups (such as social movements and NGOs). The article begins by examining some of the various ideas and conceptions of praxis, so as to be clear from the outset as …


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 Jan 2004

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 Jan 2003

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.


Interpreting Intervention, Craig Scott Jan 2001

Interpreting Intervention, Craig Scott

Articles & Book Chapters

The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …