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Comparative and Foreign Law

Osgoode Hall Law School of York University

Articles 1 - 5 of 5

Full-Text Articles in Social and Behavioral Sciences

Law, Culture, And The City: Urban Legal Anthropology, The Counterhegemonic Use Of Hegemonic Legal Tools, And The Management Of Intangible Cultural Heritage Spaces Within Toronto's Municipal Legal Frameworks, Sara Gwendolyn Ross Apr 2018

Law, Culture, And The City: Urban Legal Anthropology, The Counterhegemonic Use Of Hegemonic Legal Tools, And The Management Of Intangible Cultural Heritage Spaces Within Toronto's Municipal Legal Frameworks, Sara Gwendolyn Ross

PhD Dissertations

The deep process of revision needed in managing Toronto and Canadas urban intangible cultural heritage not only affects redevelopment decisions and cultural policies at the municipal level, and cultural heritage legislation and regulations at the provincial level, but it also calls for the need to address issues at the federal level, such as correctly acknowledging what terms like heritage value mean when drawn from international cultural heritage legislation and the currently unratified status of the UNESCO Convention on the Safeguarding of the Intangible Cultural Heritage within Canada. Through the application of urban legal anthropology, as well as through a lens …


Irrigating The Famished Fields: The Impact Of Labour-Led Struggles On Policy And Action In Nigeria (1999-2007), Obiora Chinedu Okafor Jan 2009

Irrigating The Famished Fields: The Impact Of Labour-Led Struggles On Policy And Action In Nigeria (1999-2007), Obiora Chinedu Okafor

Articles & Book Chapters

Between 1999 and 2007, a broad-based labour-led movement which focused most of its energies on its struggle against unpopular fuel price hikes in Nigeria was able to exert considerable, though limited, influence on an Obasanjo-led executive arm of government that was at best quasidemocratic in its orientation. This article argues that, despite the very important roles played by other factors (notably the presence of more democratic space in Nigeria post-1999), the movement's adoption of a mass social movement approach facilitated its ability to exert such influence.


Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor Jan 2006

Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor

Articles & Book Chapters

This article enquires into the likely posture of future international law with respect to African peoples. It does so by focusing on three of the most important issues that have defined, and are likely to continue to define, international law’s engagement with Africans. These are: the grinding poverty in which most Africans live, the question of agency in their historical search for dignity, and the extent to which these African peoples can effectively resist externally imposed frameworks and measures that have negative effects on their social, economic and political experience. International law’s future posture in these respects is considered through …


The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor Jan 2004

The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor

Articles & Book Chapters

This article examines the influence that IHIs (such as the African System on Human and Peoples' Rights) can exert within states, with the facilitative work of local popular forces, and relates that to the possibility of valuable IHI contributions to peacebuilding within deeply fragmented African states. Of all the existing approaches to the study of IHIs, constructivism comes the closest to accounting for the highly significant incidences of IHIjostered (and popular forces-facilitated) 'correspondence' that occurs outside the 'compliance radar'. In this sense the article is a contribution to the growing constructivist human rights and institutional literature sets. In particular the …


The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond Jan 2000

The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond

Articles & Book Chapters

Comparative law and legal anthropology have for long theorized on the basis of a traditional geography which saw states, regions, locales and social fields as having durable boundaries containing stable and homogenous cultures. This idea of place is now undergoing a massive transformation in response to the effects of and theories about globalization. The emerging ‘process geography’ rejects these traditional ideas, arguing that they are not, and indeed have never been aspects of reality, which is better represented by an imagery of processes. However, it is argued here that globalization is not a synonym for homogenization, nor has place suddenly …