Legal History Commons^™

On The Presence Of The Past In The Future Of International Labour Law, Adelle Blackett

Dalhousie Law Journal

Professor Blackett presented this talk as the Invited Speaker at the Schulich School of Law’s Horace E Read Memorial Lecture on 9 October 2019.

*This contribution has not been peer-reviewed.

An Intellectual History Of Comparative Tax Law, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author argues that comparative tax law has an intellectual history. More specifically, the author claims that history reveals there is a distinguishable comparative tax law scholarship where tax scholars engage in common debates. The author then offers a description of method, highlighting the difficulty of identifying the work that might be considered “comparative tax law.” Next, the author conceptualizes and clusters contributions from scholars who have framed the comparative tax law field. The author argues that our national boundedness, combined with the lack of an explicit network of scholars, has masked the rich intellectual history in …

Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe

LLM Theses

The 1992 Rio Outcome articulates what is arguably, to date, the most ambitious North–South environmentally sound technology (EST) transfer aspirations. Yet, 26 years post-Rio, Africa remains at the lowest rung of the global EST deployment totem. Departing from talking-points like the connection of EST transfer and intellectual property rights, this research focuses on the normative underpinnings of the history, processes and dynamics of UNFCCC’s EST transfer regime. Using a ‘reconsidered’ Third World Approach to International Law approach and its accompanying historical research methodology, the thesis seeks to track landmarks in UNFCCC’s EST transfer regime evolution and the impacts of a …

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". …

The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée

Dalhousie Law Journal

In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …

Maximilien Bibaud, 1823-1887: The Pioneer Teacher Of International Law In Canada, R Stj Macdonald

Dalhousie Law Journal

Maximilien Bibaud was a most unusual man: student of philosophy, history, and literature, teacher, author, chronicler and reformer of the law, founder of the first organized law school in Canada, true pioneer of the teaching of international law in this country. Insolently but exhilaratingly new in both his ideas and his techniques for legal education, Bibaud was far in advance of his time. As we mark the centenary of his death in 1987, his interests and achievements are as relevant today as they were when he opened his law school 136 years ago.

International Law And The Grotian Heritage, L C. Green

Dalhousie Law Journal

Recent emphasis on codification of this or that aspect of international law has encouraged a number of writers to re-examine the "classics" with a view to ascertaining the extent to which we have moved from the 17th and 18th centuries and how far the views of the "teachers" are still relevant or may even today be regarded as lexferenda. Coincident with the fourth centenary of the birth of Grotius, the Interuniversitair Instituut voor International Recht T.M.C. Asser Instituut in cooperation with the Grotiana Foundation organized a commemorative colloquium in the Peace Palace and the Academy of International Law at the …