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Full-Text Articles in Law
Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon
Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon
Articles, Book Chapters, & Popular Press
States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …
Revisiting Transnational Corporations And Extractive Industries: Climate Justice, Feminism, And State Sovereignty, Sara Seck
Articles, Book Chapters, & Popular Press
This Article explicitly examines the relationship between climate justice, gender, and transnational fossil fuel extractive industries by drawing upon feminist theoretical insights. First, I provide an overview of the differential impacts of climate change on women and briefly review insights from select international legal scholars who have considered gender and climate change. Second, I describe the Philippines climate petition, a novel attempt to seek an investigation into the accountability of transnational fossil fuel companies for climate harms. Third, I examine three sets of issues arising in the Philippines climate petition and draw explicitly upon Karen Knop’s Re/Statements: Feminism and State …
Showing Them How It's Done: Justice Cromwell's International Law Jurisprudence, Robert Currie
Showing Them How It's Done: Justice Cromwell's International Law Jurisprudence, Robert Currie
Articles, Book Chapters, & Popular Press
This paper examines the international law judgments authored by Justice Tom Cromwell of the Supreme Court of Canada, focusing on the methodology used in applying treaty law within the Canadian legal context. It concludes that Justice Cromwell's decisions in this area are a model of solid methodology, clarity and attention to fairness to all parties.
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Articles, Book Chapters, & Popular Press
A recent and prominent American appeals court case has revived a controversial international law question: can a state compel an individual on its territory to obtain and produce material which the individual owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
Articles, Book Chapters, & Popular Press
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Articles, Book Chapters, & Popular Press
Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
Articles, Book Chapters, & Popular Press
After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and …
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
Articles, Book Chapters, & Popular Press
The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state jurisdiction over Internet activities as “extraterritorial.” This article examines these challenges in the context of the overall international law of jurisdiction, rather than focusing on …
Canadian Mining Internationally And The Un Guiding Principles For Business And Human Rights, Sara Seck
Canadian Mining Internationally And The Un Guiding Principles For Business And Human Rights, Sara Seck
Articles, Book Chapters, & Popular Press
Between 2005 and 2011, there was much debate within Canada and at the United Nations over what role home states should play in the regulation and adjudications of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns associated with global mining, and led to a series of government, opposition and multi-stakeholder reports and proposals. These culminated in 2010 with the appointment of a Corporate Social Responsibility Counsellor for the Extractive Sector and the defeat of Bill C-300, an act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Meanwhile, …
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Articles, Book Chapters, & Popular Press
If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …
Extraterritorial Criminal Jurisdiction: Bigger Picture Or Smaller Frame?, Robert Currie, Steve Coughlan
Extraterritorial Criminal Jurisdiction: Bigger Picture Or Smaller Frame?, Robert Currie, Steve Coughlan
Articles, Book Chapters, & Popular Press
The authors review extensively Canadian law and practice on the exercise of extraterritorial criminal jurisdiction, and the extent to which that may have changed in recent years. They conclude that, while there are now many more instances of Canada asserting extraterritorial jurisdiction, any change in policy is more apparent than real. What has changed is how often the situations that prompt extraterritorial jurisdiction arise, particularly in that there are now many international treaties requiring Canada to exercise jurisdiction in this way. The authors also argue that this policy of cautious expansion and constructive engagement with international practice is desirable and …
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable …