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Articles 1 - 9 of 9
Full-Text Articles in Law
Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski
Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski
LLM Theses
This thesis evaluates Canadas compliance with human rights-based complementary international protection. Through an analysis of the roots of international refugee protection, it first links the evolution of the latter with the development of human rights law instruments. It then defines complementary protection as the corpus of legal bases for asylum claims outside of the Convention Relating to the Status of Refugees. It uses various human rights instruments to outline international protection obligations, which take three different forms of complementary protection. The first one consists in independent protection mechanisms outside of the Refugee Convention, the most important being the formulation of …
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
LLM Theses
The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …
The Copenhagen Climate Talks: The End Of The Road For The Unfcc Or A Step Forward In The Evolution Of The Regime, Meinhard Doelle
The Copenhagen Climate Talks: The End Of The Road For The Unfcc Or A Step Forward In The Evolution Of The Regime, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper offers an overview of the key outcomes of the 2009 climate negotiations in Copenhagen and consider their implications for the evolution of the UN Climate Regime.
Conceptualizing The Home State Duty To Protect Human Rights, Sara Seck
Conceptualizing The Home State Duty To Protect Human Rights, Sara Seck
Articles, Book Chapters, & Popular Press
The Special Representative to the UN Secretary-General on Business and Human Rights (SRSG) has identified the State duty to protect against human rights abuses by non-State actors, including business, as one of the fundamental pillars of the Framework for Business and Human Rights [Framework].1 The Framework “rests on differentiated but complementary responsibilities”, and is comprised of three “core principles”: the State duty to protect, the corporate responsibility to respect human rights, and the need for more effective access to remedies.2 However, the jurisdictional scope of the State duty to protect is disputed. According to the SRSG, international law provides that …
Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, Robert Currie
Articles, Book Chapters, & Popular Press
"A Commentary on the Rome Statute" by William Schabas is a giant of a work by a giant in the field. This review examines the breadth and scope of one of the most important works in the field, concluding that the book is not just an excellent resource but an indispensable one for anyone working in or following the field of international criminal justice.
The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle
The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article explores the implications of the Copenhagen climate talks in December 2009 for the future of the international climate change regime.
Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle
Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is …