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Articles 1 - 28 of 28
Full-Text Articles in Commercial Law
A Historical Account Of The Orderly Payment Of Debts Act Reference: Limiting Provincial Efforts To Protect Insolvent Debtors, Thomas Gw Telfer, Virginia Torrie
A Historical Account Of The Orderly Payment Of Debts Act Reference: Limiting Provincial Efforts To Protect Insolvent Debtors, Thomas Gw Telfer, Virginia Torrie
Dalhousie Law Journal
This paper analyzes the history of the Alberta Orderly Payment of Debts Act and the constitutional controversy that followed. The legislation sought to protect debtors by imposing restrictions on creditors. In 1960, the Supreme Court of Canada in Reference re Validity of Orderly Payment of Debts Act, 1959 (Alberta) ruled that the legislation was ultra vires on the basis that it interfered with the federal bankruptcy and insolvency power. The Orderly Payment of Debts Act reference is the capstone in a trilogy of cases in which provincial legislation was invalidated for encroaching upon the federal bankruptcy and insolvency power. The …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
LLM Theses
Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Introduction To The Covid-19 Symposium On International Economic Law In The Global South, Olabisi D. Akinkugbe, James Thuo Gathii, Titilayo Adebola, Nthope Mapefane
Introduction To The Covid-19 Symposium On International Economic Law In The Global South, Olabisi D. Akinkugbe, James Thuo Gathii, Titilayo Adebola, Nthope Mapefane
Articles, Book Chapters, & Popular Press
The COVID-19 pandemic has disrupted all facets of human relations on a magnitude not witnessed in the post-World War II era. Due to the interdependence of countries in the international system, it is not surprising that the unfolding public health crisis has had significant ramifications for the functioning of the global economy as well. In responding to this global health crisis, and the associated fallouts, the academic community has a crucial role to play in finding solutions to the hydra-headed problems we all face. Driven by this sense of urgency and responsibility, AfronomicsLaw put out a call for contributions in …
Developing Robust And Coherent Regional Trade Policy Could Quell The Chaos Surrounding Land Border Closures In Nigeria, Olabisi D. Akinkugbe
Developing Robust And Coherent Regional Trade Policy Could Quell The Chaos Surrounding Land Border Closures In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Despite the pivotal roles played in the establishment and reform on the Economic Community of West African States (ECOWAS) among other continental initiatives in Africa, significant questions remain whether Nigeria is truly committed to a meaningful regional economic integration regime in the implementation phase. The recent inquest into Nigeria’s regional trade policy has exacerbated because of two major occurrences.
First, Nigeria’s delay in signing the African Continental Free Trade Area Agreement (AfCFTA) led to critical reactions on the readiness of one of Africa’s largest economies to embrace a continental rules-based trade regime. Others, including me, however argued that Nigeria’s delay …
In Eu-Africa Trade Relations: Africa Is Not Europe’S “Twin Continent”, Olabisi D. Akinkugbe
In Eu-Africa Trade Relations: Africa Is Not Europe’S “Twin Continent”, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
There is a new struggle for Africa’s market. The contestants include the European Union (EU), United States (US), Russia, India and China. In this blog, I reflect on the new European Union -Africa Comprehensive Strategy proposals. The blog pushes against the Strategy’s revision of the historical relationship between the two regions which is built on embedded inequality. This is because, to be a true partnership, the unequal nature of the relationship between the EU and Africa must be centered. In the contest for its market, Africa has a unique opportunity to harness the competition tactically.
Symposium Introduction: Assessing The Roles Of Theory And Methodology In The Study Of Iel In Africa, Olabisi D. Akinkugbe
Symposium Introduction: Assessing The Roles Of Theory And Methodology In The Study Of Iel In Africa, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
No abstract provided.
Introduction, Kim Brooks, Kim Brooks
Introduction, Kim Brooks, Kim Brooks
Dalhousie Law Journal
At Schulich, we see business law in a broad frame and understand that business law and policy includes the role of businesses in environmental protection, sustainable investing, inter-nation equity, and access to justice. We understand that businesses operate in broad social, economic, and political contexts, and as a community of scholars we care about the interactions of business law and policy with technology, governance and stakeholder rights, and economic, social and environmental justice. We hope that this collection advances vital scholarly and policy conversations.
A Survey And Critique Of The “Seller In Possession” Statutory Regimes Of Common Law Canada: An Abc Prequel, Clayton Bangsund
A Survey And Critique Of The “Seller In Possession” Statutory Regimes Of Common Law Canada: An Abc Prequel, Clayton Bangsund
Dalhousie Law Journal
The article examines the various provincial and territorial statutory regimes that apply to resolve title disputes emanating from a “seller in possession” scenario in which an initial buyer leaves bought goods in the possession of a seller who then transfers them to a subsequent bona de purchaser. Presently there are four distinct statutory models in force across common law Canada. Some provinces and territories incorporate modernized electronic personal property registry infrastructure into their statutory priority regimes, while others do not. The author undertakes a comparative assessment of the four models, highlights their strengths and weaknesses, and asserts that Model 2—representative …
Disrupting Business As Usual: Considering Teaching Methods In Business Law Classrooms, Jeffery Hewitt, Shanthi E. Senthe
Disrupting Business As Usual: Considering Teaching Methods In Business Law Classrooms, Jeffery Hewitt, Shanthi E. Senthe
Dalhousie Law Journal
The Truth and Reconciliation Commission of Canada (TRC)’s Calls to Action propose signimcant changes to legal education. No law school classroom is exempt, including business law courses. We are two of a growing number ofscholars in the legal academy actively incorporating Indigenous laws, critical race theory and socio-economic perspectives into business law courses as part of our responses to the TRC. This paper explores a field school we developed at Windsor Law as a response to the Calls to Action. In a temporary fusion of two courses, Secured Transactions along with Indigenous Peoples, Art & Human Rights, a synergy emerges …
Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean
Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean
Dalhousie Law Journal
Canada has long been a climate change policy laggard. Canada is among the world’s poorest-performing countries in terms of climate action—not only is Canada’s greenhouse gas emissions-reduction target under the Paris Agreement insufficiently ambitious, Canada is not even remotely on track to meet it. Canada’s enduring inaction on climate change is legitimized and sustained by its mainstream corporate news media, which contribute to the oil and gas industry’s capture of Canadian climate and energy policy. In this article, I examine how Canada’s leading national newspaper, The Globe and Mail, editorially framed the completion of the controversial expansion of the Trans …
Third-Party Liability Of Directors And Officers: Reconciling Corporate Personality And Personal Responsibility In Tort, Michael Marin
Third-Party Liability Of Directors And Officers: Reconciling Corporate Personality And Personal Responsibility In Tort, Michael Marin
Dalhousie Law Journal
When is a director or of�� cer personally liable in tort to a party who is not the corporation he or she serves? In Canada, there is no clear answer. The law is marked by division both within and between appellate courts, resulting in judgments that are hard to reconcile and verge on arbitrary. This is likely attributable to the mistaken belief that there is a tension between personal liability and corporate personality, as well as the disputed relationship between common law and statutory obligations. To address these challenges, most Canadian courts have followed a threshold corporate law analysis, which …
Reorganizations, Sales, And The Changing Face Of Restructuring In Canada: Quantitative Outcomes Of 2012 And 2013 Ccaa Proceedings, Alfonso Nocilla
Reorganizations, Sales, And The Changing Face Of Restructuring In Canada: Quantitative Outcomes Of 2012 And 2013 Ccaa Proceedings, Alfonso Nocilla
Dalhousie Law Journal
This article examines quantitative data on the outcomes of proceedings under the Companies’ Creditors Arrangement Act (CCAA), Canada’s principal statute for resolving large, complex corporate insolvencies. In particular, this article compares the durations, direct costs, and returns to different classes of creditors generated by traditional reorganizations under the CCAA and by “liquidating CCAAs”—that is, proceedings in which the insolvent debtor sells substantially all of its assets rather than reorganizing itself. The article makes a number of contributions to the existing scholarship. Firstly, quantitative data on CCAA proceedings are rare. The data examined here, collected by the author from proceedings initiated …
Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning
Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning
Dalhousie Law Journal
Recent climate events such as Hurrican Harvey in Texas foreshadow the dangers that could result from critical energy infrastructure failure in Canada due to physical impacts caused by climate change. This article examines the types of climate impacts that could affect critical energy infrastructure in Canada. The article argues that these impacts translate into three types of corporate risk to the owners and operators of the critical asset: economic risks to the infrastructure asset; management and operational risks to the corporation; and risks arising from corporate disclosure obligations. Applying the theoretical approach of "risk management," the article concludes that, on …
Evaluating Canadian Tax Remission Orders: A Debt Relief Vehicle For Taxpayers, Samuel Singer
Evaluating Canadian Tax Remission Orders: A Debt Relief Vehicle For Taxpayers, Samuel Singer
Dalhousie Law Journal
Tax remission orders, although rare, serve important functions in the Canadian tax system. This paper draws from a comprehensive study of federal tax remission orders issued between 1998 and 2017. It presents general findings about remission orders in that time period, including remission order applications, their reported costs, and the number of remission orders issued. The paper identifies the five most common categories of reasons cited for granting remission orders. It then applies tax policy analysis to assess the two most frequent reasons for grating remission orders: to provide debt relief for financial hardship and/or extenuating circumstances, and to provide …
Symposium On Sustainable Development Goals, Trade, Investment, And Inequality, Olabisi D. Akinkugbe
Symposium On Sustainable Development Goals, Trade, Investment, And Inequality, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
This Symposium, co-hosted by Afronomicslaw and the Dalhousie Law Journal Blog is an outcome of one of the streams at the 2019 Annual Purdy Crawford Workshop at the Schulich School of Law. The theme of the Workshop which took place from Sept. 26–28 was “The Role of Business Regulation in Advancing the Sustainable Development Goals.” Co-organized by three Schulich School of Law Professors, the Workshop featured three inter-disciplinary and simultaneous streams as well as cross-over plenaries that focused on: “SDGs and Revenue Mobilization” – convened by Kim Brooks, the Purdy Crawford Chair in Business Law; “SDGs, Trade, Investment, …
Designing A Robust Tax System For Nigeria: Lessons From An International Perspective, Olukemi Tawoju
Designing A Robust Tax System For Nigeria: Lessons From An International Perspective, Olukemi Tawoju
LLM Theses
This thesis argues that Nigeria can adapt its tax system for better gain from investment and other taxation. It outlines the foundation for a good tax policy, and explores initiatives by the Organisation for Economic Co-operation and Development (OECD and the United Nations (UN) regarding harmful tax practices and tax incentives. Their recommendations and those of scholars, conclude that tax incentives are ineffective in attracting foreign direct investment, may result in taxpayer abuse, and erode the revenue base of capital importing countries like Nigeria. Utilizing internationally accepted features on effective tax incentive design, examining the operation of the Nigerian tax …
The Bill Of Lading In An Era Of Electronic Commerce: Legal Developments And The Reform Options For Nigeria, Kenneth Ugwuokpe
The Bill Of Lading In An Era Of Electronic Commerce: Legal Developments And The Reform Options For Nigeria, Kenneth Ugwuokpe
LLM Theses
One of the pervasive effects of the advancement in information and communication technology is a radical shift in the means of conducting business transactions. With the digitalization of the global economy, business transactions are increasingly conducted in an electronic medium. The bill of lading, as the most important ocean transport document, has, in response to the needs of the times, passed through many phases of development to its present electronic nature. The problem however, is adapting the challenges of electronic commerce to the old contractual legal order. For the bill of lading, the challenge is the replication of all its …
Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo
Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo
LLM Theses
This thesis examines the need for a multilateral regime for the regulation of foreign direct investment. The absence of such a regime has slowed the growth of foreign direct investment, as investment decisions are difficult to make because of the uncertainty of investment rules. Attempts to establish a multilateral framework for investment have failed due to disagreement between developed and developing countries on its scope. The major source of controversy has been the inclusion of the national treatment standard in the prospective agreement. This thesis analyses the position of both sides, and attempts to find a balance between the positive …
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron
Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron
Articles, Book Chapters, & Popular Press
The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …
Spirits In A Material World: Intelligent Agents As Intermediaries In Electronic Commerce, Ian R. Kerr
Spirits In A Material World: Intelligent Agents As Intermediaries In Electronic Commerce, Ian R. Kerr
Dalhousie Law Journal
The article provides an in-depth analysis of the contract issues peculiar to automated electronic commerce. The aim of the study is to provide a critical evaluation of the various solutions that might be adopted by a legislature seeking to cure formal defects in agreements that are negotiated and entered into by software programs, independent of human review. The author begins with an examination of the current state of the technology that automates electronic commerce, offering some speculation as to its future development. He then outlines the barriers to automated electronic commerce inherent in traditional contract doctrine. He argues against the …
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Articles, Book Chapters, & Popular Press
This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi
Dalhousie Law Journal
Nigeria is a Federation consisting of twenty-one States, and a Federal Capital Territory. It is the largest African Country with probably the largest concentration of foreign investment potentialities with a viable and adequate financing. In the true tenet of Federalism, the 1979 Constitution provided for a distinction in the legislative powers between the central Government and the State Governments. The Constitution of the Federal Republic of Nigeria 1989 has also maintained this federal arrangement. Although that is the constitutional position, the Military Government has, as a matter of policy, built into the system some element of unitarism in a federal …
Poison Pills: Developing A Canadian Regulatory And Judicial Response, Jody W. Forsyth
Poison Pills: Developing A Canadian Regulatory And Judicial Response, Jody W. Forsyth
Dalhousie Law Journal
It is trite to say that the United States has witnessed an explosion of hostile take-over activity in recent years. Potential acquirers have employed both non-coercive techniques such as conditional bids and proxy solicitations, and coercive techniques such as "street sweeps' 4 and two-tier, front-end loaded bids.5 In response, target corporations have fought back with a wide variety of" defences designed to defeat any undesired take-over attempt. One of the most widely contested of these defences is the shareholder rights plan, or "poison pill" as it is better known.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Comment On Ontario's Bill 110 "An Act To Provide For Warranties In The Sale Of Consumer Products, Nadine Cooper Mont
Comment On Ontario's Bill 110 "An Act To Provide For Warranties In The Sale Of Consumer Products, Nadine Cooper Mont
Dalhousie Law Journal
The government of Nova Scotia has recently made some limited improvements to the law of products liability1 . Merchant sellers are no longer permitted to contract out of the three basic obligations or "implied warranties" contained in the old Sale of Goods Act: to deliver a merchantable article, 2 fit for the buyer's purpose 3 which corresponds to the description under which it was sold. 4 The reformulation of these old common law obligations which first received statutory recognition in 18935, was done in a somewhat ambiguous and unsatisfactory manner. 6 Of far greater consequence to consumers however, is the …