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Articles 1 - 9 of 9
Full-Text Articles in Law
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Brian Slattery
No abstract provided.
The Unforgiven Sources Of International Law: Nation-Building, Violence And Gender In The West(Ern), Ruth Buchanan, Rebecca Johnson
The Unforgiven Sources Of International Law: Nation-Building, Violence And Gender In The West(Ern), Ruth Buchanan, Rebecca Johnson
Articles & Book Chapters
In his classic work, ‘Nomos and Narrative,’ Cover reminds us that legal traditions form part of a complex normative world – a ‘nomos’ – a world of language and myth. Because precept and narrative operate together to ground meaning, one cannot truly inhabit any given nomos without a rich understanding of its narratives. The very intelligibility of behaviour within the nomos inheres in the communal nature of common scripts or narratives for that behaviour. International law is also supplied with ‘history and destiny, beginning and end, explanation and purpose’ in and through narratives. In contrast with conventional approaches, new scholarship …
The War On Terror And Iraq In Historical Perspective, Antony Anghie
The War On Terror And Iraq In Historical Perspective, Antony Anghie
Osgoode Hall Law Journal
This article critically examines the doctrine of pre-emption articulated in the National Security Strategy and the arguments made in favour of the proposition that it represents an emerging norm of international law and is compatible with the UN Charter. It focuses in particular on the possible implications with the UN Charter. It focuses in particular on the possible implications of this doctrine for Third-World states. It also examines the war in Iraq and pre-emption may be seen as replicating, in certain respects, a much earlier colonial history.
Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson
Osgoode Hall Law Journal
This article considers a number of different ways of conceptualizing the relationship between South and North in the environmental context, focusing on international responses to climate change and, in particular, the Kyoto Protocol to the United Nations Framework Convention on Climate Change. It explores three stories about international environmental cooperation. One derives from the concept of "ecological debt," the second comes from the concept of "environmental space," and the third, which might be said to underlie the U.S. approach to the Kyoto Protocol at the present time, is labelled "leading towards a level playing field." The article provides an overview …
The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor
The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.
The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi
Osgoode Hall Law Journal
This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …
Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii
Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii
Osgoode Hall Law Journal
After examining state practice and opinio juris on the preemptive use of force in the last few years, I conclude that the prohibition of preemptive war where there is no armed attack or an instant, overwhelming threat has not changed. Under customary international law, this prohibition of preemptive use of force is a customary international law norm of extremely high normativity and as such state practice inconsistent confirms the norm particularly in the absence of evidence of its widespread and representative repudiation. Second, under the doctrine of sources, state practice inconsistent with a norm of customary international law or persistent …
The Bearded Bandit, The Outlaw Cop, And The Naked Emperor: Towards A North-South (De)Construction Of The Texts And Contexts Of International Law's (Dis)Engagement With Terrorism, Ikechi Mgbeoji
Osgoode Hall Law Journal
For over one hundred years, the definition of the term "terrorism" has been subjected to political propaganda. In addition, dubious self-righteous indignation or outrage, often expressed by various states or prominent politicians at the occurrence of acts of terror have often masked the participation of those same states in international terrorism. In this endless cycle of finger pointing, accusations, denials, and counter-accusations, the problematic of what constitutes terror in legal parlance has degenerated into an exercise in name-calling. This sad spectacle frustrates objective and sincere attempts at fashioning out legal and policy framework to deal with the scourge of terrorism. …
Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor
Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.