Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Aboriginal rights. Consultation (1)
- Building regulation (1)
- Corrective justice (1)
- Customary International Law (1)
- Decolonization (1)
-
- Depression Symptoms (1)
- Enough and as good (1)
- Expectations (1)
- Human Rights Law (1)
- International Court of Justice (1)
- Intimate Partner Violence (1)
- John Locke (1)
- Mastery (1)
- Negligence (1)
- Negotiation (1)
- Nonobviousness (1)
- Occupied Palestine (1)
- Opinio Juris (1)
- Patent law (1)
- Post-Traumatic Stress Disorder Symptoms (1)
- Property (1)
- Public authority liability (1)
- Pure economic loss (1)
- Reconciliation (1)
- Right to Development (1)
- Right to Self Determination (1)
- Settler Colonization (1)
- Social Support (1)
- Sovereignty (1)
- State Practice (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Re-Imagining Indigenous Consultation: An Examination Of Canada’S Duty To Consult, Paul Hansen
Re-Imagining Indigenous Consultation: An Examination Of Canada’S Duty To Consult, Paul Hansen
Electronic Thesis and Dissertation Repository
This examination of Canada’s duty to consult doctrine advances two arguments. First, the doctrine may not be serving the interests of some consultation participants effectively. Second, the existing literature does not address the challenges posed by multi-jurisdictional projects or the Crown’s decreased involvement in consultations adequately. Consequently, our understanding of the doctrine is incomplete and our ability to improve its efficacy may be restricted.
This dissertation explores the doctrine’s principles, strengths, and weaknesses to identify opportunities for improvement. It re-imagines the doctrine, identifying specific ways to improve its efficacy. At bottom, this dissertation considers three questions. First, to what extent …
A Corrective Justice Account Of Building Authority Liability In Canadian Negligence Law, Jonathan De Vries
A Corrective Justice Account Of Building Authority Liability In Canadian Negligence Law, Jonathan De Vries
Electronic Thesis and Dissertation Repository
In its decisions in Kamloops v Neilsen and Rothfield v Manolakos, the Supreme Court of Canada adopted a policy-driven justification for imposing liability on building authorities whenever the negligent exercise of their building regulation mandate led to any member of the public suffering any form of foreseeable loss. From its beginnings, this legal doctrine was incoherent and unjustified. It has also become an aberration within Canadian law as, beginning with the decision in Cooper v Hobart, the Supreme Court of Canada resiled from its earlier policy-based approach to imposing liability. What is required is a repudiation of the …
An Examination Of The International Court Of Justice’S Approach To Customary International Law, Janet Adewumi Bamigbose
An Examination Of The International Court Of Justice’S Approach To Customary International Law, Janet Adewumi Bamigbose
Electronic Thesis and Dissertation Repository
Article 38(1) of the Statute of the International Court of Justice (ICJ) is regarded as the pre-eminent authority on the sources of public international law. Of the sources in this Article, none has been questioned as much as international custom, also referred to as customary international law. The ICJ has ruled that customary international law crystallizes when there is a conjugation of state practice and opinio juris, the subjective feeling by states that they must undertake the state practice. However, that seemingly simple definition leads to several questions: what amounts to state practice? How is opinio juris measured? Are …
The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber
The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber
Electronic Thesis and Dissertation Repository
This thesis concerns the Right to Development (the R2D), which was declared an inalienable human right by the United Nations General Assembly (UNGA) in the non-binding Declaration on the Right to Development (the DR2D) in 1986. It asserts that the R2D was not declared in a realizable manner, explaining the causes of identified doctrinal shortcomings. It explores the emergence of the R2D within the confluence of two post-1945 movements, being decolonization and the international human rights project, asserting that these movements were closely intertwined and substantively influenced by jurists from the Global South. The thesis then examines the political evolution …
The Development Of An Expectations Theory Of Patent Law By Creating A Nexus With John Locke's Theory Of Private Property, Jason D. Newman
The Development Of An Expectations Theory Of Patent Law By Creating A Nexus With John Locke's Theory Of Private Property, Jason D. Newman
Electronic Thesis and Dissertation Repository
Abstract
This thesis reviews the Lockean justification of private physical property as an explanation for patent “property,” identifies its weaknesses, and modifies it to create a new theory of patent law based on expectations. After describing the characteristics of technical information, that description is applied to three different interpretations of the Lockean condition which demonstrate a strain in defining technical knowledge as property. The technical information paradigm is then applied to an expectations theory, which demonstrates a broad connection to the Lockean conditions, but maintains a fit within a wider patent law interpretation. The expectations theory also creates an avenue …
Intimate Partner Violence, Social Support, Mastery, And Mental Health, Alice Pearl Sedziafa
Intimate Partner Violence, Social Support, Mastery, And Mental Health, Alice Pearl Sedziafa
Electronic Thesis and Dissertation Repository
Background: Despite the growth in research on intimate partner violence (IPV) as a chronic stressor, including studies on the negative mental health impacts of IPV, limited attention has been given to understanding the stress process in terms of the direct impact of IPV on mental health and the simultaneous mediating effects of social support (emotional or practical assistance from one’s network) and mastery (a sense of personal control) on the relationship between IPV and mental health [Depression symptoms and Post-traumatic stress disorder (PTSD) symptoms]. These mechanisms are also poorly understood in the context of the concurrent effects of age, mothering, …