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Articles 1 - 7 of 7
Full-Text Articles in Law
The African Union Commission On International Law And The Proposed African Institute Of International Law: Where Do We Go From Here?, Olabisi Akinkugbe
The African Union Commission On International Law And The Proposed African Institute Of International Law: Where Do We Go From Here?, Olabisi Akinkugbe
Articles, Book Chapters, & Popular Press
The author critically reflects on the African Union Commission on International Law (AUCIL) statute of 2009 particularly in relation to its mandate to advance the teaching and development of international law in Africa; examines its relationship with proposed African Union Institute of International Law (AIIL) in Arusha, Tanzania; and calls for an amendment of the AUCIL Statute in order to enhance the achievement of its goals and clarification of some vague areas.
Home State Regulation Of Environmental Human Rights Harms As Transnational Private Regulatory Governance, Sara Seck
Articles, Book Chapters, & Popular Press
Home state mechanisms designed to address harms arising from overseas resource extraction have recently been considered in Canada. This paper will examine whether such mechanisms could be viewed as an example of transnational private regulatory governance, and the implications of doing so for our understanding of both public international law and transnational private regulatory governance. After first briefly unpacking the idea of transnational private regulatory governance, the paper will compare common understandings of the scope of home state jurisdiction to regulate transnational corporations under international human rights and international environmental law. Recent developments in Canadian law and policy culminating in …
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Articles, Book Chapters, & Popular Press
Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Flux And Fragmentation In The International Law Of State Jurisdiction: The Synecdochal Example Of Canada’S Domestic Court Conflicts Over Accountability For International Human Rights Violations, Robert Currie, Hugh Kindred
Flux And Fragmentation In The International Law Of State Jurisdiction: The Synecdochal Example Of Canada’S Domestic Court Conflicts Over Accountability For International Human Rights Violations, Robert Currie, Hugh Kindred
Articles, Book Chapters, & Popular Press
Any serious exploration of unity and fragmentation in public international law must consider the normative basis of one of the fundamental tools of state action on the international plane: jurisdiction. And no better illustration of the fluctuating application of jurisdiction may be had than to take a national sample – such as Canada – of domestic courts’ struggles to establish accountability for human rights conduct and abuses abroad. The paradigms of the law of jurisdiction, as with the vast corpus of international law, originally responded to the needs of the traditional verities of a legal system based around the state …
Charter Without Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert Currie
Charter Without Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert Currie
Articles, Book Chapters, & Popular Press
The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation's consequential participation in inter-state efforts to combat it. The court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court's adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion of evidence …