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Full-Text Articles in Law
Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman
Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman
Dalhousie Law Journal
In this article, international law is viewed as a social and self-constituting phenomenon As the product of international society's actualization, it contains many biases and prejudices. Given the inherent subjectivity of any system designed to regulate relations between people - and peoples - it is of utmost importance to subject international law to a searching scrutiny of its tendencies to emphasise certain interests, to exalt particular groups and to order society in preconceived ways. This article uncovers the insidious structural biases of international law including those just beneath the surface as well as those that are firmly embedded within the …
Union Certification On Offshore Production Installations, Gregory Anthony
Union Certification On Offshore Production Installations, Gregory Anthony
Dalhousie Law Journal
The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.
Providing Essential Services: Canada's Constitutional Commitment Under Section 36, Aymen Nader
Providing Essential Services: Canada's Constitutional Commitment Under Section 36, Aymen Nader
Dalhousie Law Journal
This paper explores the history of constitutional negotiations that have led to the entrenchment of section 36 of the Constitution Act, 1982. The author argues that the intention of the federal proponents of this section was to entrench the federal spending power. The author further demonstrates that section 36 entails not just constitutional recognition of the spending power, but also a constitutional commitment or obligation for the exercise of that power to provide "essential public services of a reasonable quality to all Canadians" s. 36 (1)(c).
The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley
The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley
Dalhousie Law Journal
The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Dalhousie Law Journal
There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.
Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald
Dalhousie Law Journal
The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …
Maritime Law Judgments In Canada – 1979, William Tetley
Maritime Law Judgments In Canada – 1979, William Tetley
Dalhousie Law Journal
As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Dalhousie Law Journal
The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …
The Case For Provincial Regulation Of Community Antenna Television Systems In The Wake Of Capital Cities And Dionne, Robert P. Doherty
The Case For Provincial Regulation Of Community Antenna Television Systems In The Wake Of Capital Cities And Dionne, Robert P. Doherty
Dalhousie Law Journal
While observers of the Canadian Constitution may believe that jurisdiction over cable television in this country was finally and clearly given to the federal government and its Canadian Radio-Television and Telecommunications Commission, by the Capital Cities and Dionne cases, there is still much to be decided. If there are any doubts, then consider news reports of November 1978, and January and February 1979 which highlighted the prominence of cable television as a negotiable federal/provincial subject at several conferences. Vibrations from several provincial governments 4 indicate that cable television and data communications are two areas of communications that provinces would dearly …
Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley
Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley
Dalhousie Law Journal
Fisheries conservation has become an important if also recent concern of maritime nations with significant economic sectors heavily dependent on ocean harvests. Canada is one of these and the Atlantic salmon is certainly conspicuous among a growing number of endangered fisheries. Grossly depleted salmon runs in the Maritime Provinces once supported a burgeoning estuarial and riparine commercial fishery as well as an immensely profitable tourist industry based on sport fishing. In the past the salmon have suffered from domestic problems, chiefly pollution, for which internal remedies in the form of river clean-ups, pollution abatement and artificial inducements such as fish …
Doyle V. Doyle, Michael T. Hertz
Doyle V. Doyle, Michael T. Hertz
Doyle V. Doyle, Michael T. Hertz
Dalhousie Law Journal
In Doyle v. Doyle, ' the defendant in a civil action moved to set aside the service of a writ of summons on the grounds of want of jurisdiction of the Newfoundland Supreme Court. The defendant, resident and domiciled in Montreal, was arrested there on December 7, 1973, and taken under police escort to St. John's. He was released on bail on December 11 but was required to remain in Newfoundland until final disposition of the fraud case for which he had been arrested. On December 17 a writ was issued against him from the Newfoundland Court and on December …
Doyle V. Doyle, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …