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Canada's Customary Obligation To Prevent Transboundary Harm And The Reduction Of Emissions, Tyler Hammond Sep 2021

Canada's Customary Obligation To Prevent Transboundary Harm And The Reduction Of Emissions, Tyler Hammond

Master of Laws Research Papers Repository

This paper evaluates Canada’s obligations under customary international law to abide by the duty to prevent transboundary harm. The question asked is whether Canada has obligations stemming from the duty of prevention to reduce greenhouse gas emissions? Under the duty, states are required to make a due diligent effort to reduce activities that cause harm in other states. This effort does not necessitate an actual cessation of a particular activity. Therefore, this paper argues that the duty of prevention can be applied in the context of reducing greenhouse gas emissions; hence, Canada is obligated to take the necessary steps to …


The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan Sep 2021

The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan

Electronic Thesis and Dissertation Repository

Since the establishment of the International Criminal Court (ICC), it has faced serious problems and has been subject to criticism, particularly from African states. More specifically, some African states have argued that the operation of the Court has produced outcomes that are vastly different from what was imagined and hoped for at the time the Court was negotiated in 1998. The dissertation answers four interrelated research questions: (1) What kind of International Criminal Court (ICC) did African states want prior to and during the Rome Diplomatic Conference in 1998? (2) Why did African states ratify the Rome Statute more than …


A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi Aug 2021

A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi

Electronic Thesis and Dissertation Repository

The thesis examines the viability of the ‘critical mass’ approach to negotiations as a proper substitute for conventional negotiating formats in present and future World Trade Organization (WTO) trade negotiations. The thesis provides an overview of the traditional negotiating formats in the WTO and its predecessor, the General Agreement on Tariffs and Trade of 1947 (GATT 1947). A case study approach is adopted in the thesis to explain the concept of the critical mass-based negotiating modality in the WTO context. The primary case studies are the existing WTO Information Technology Agreement, the WTO Basic Telecommunication Agreement, the WTO Financial Services …