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Full-Text Articles in Law
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti
PhD Dissertations
The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Robert Currie, Laura Ellyson
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Robert Currie, Laura Ellyson
Articles, Book Chapters, & Popular Press
Extradition – the formal rendition of criminal fugitives between states – is well-known to be a time-consuming process that often has impacts, minor or major, on the ability of states to complete prosecution in a timely manner. Thus, the extradition process can sometimes be at odds with the right to trial within a reasonable time, which is part of the overall package of fair trial rights enshrined in international human rights law. In Canada, this right is implemented by paragraph 11(b) of the Canadian Charter of Rights and Freedoms. In recent years Canadian courts have developed a series of principles …
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 …
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 …
Canadian Mining Internationally And The Un Guiding Principles For Business And Human Rights, Sara Seck
Canadian Mining Internationally And The Un Guiding Principles For Business And Human Rights, Sara Seck
Articles, Book Chapters, & Popular Press
Between 2005 and 2011, there was much debate within Canada and at the United Nations over what role home states should play in the regulation and adjudications of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns associated with global mining, and led to a series of government, opposition and multi-stakeholder reports and proposals. These culminated in 2010 with the appointment of a Corporate Social Responsibility Counsellor for the Extractive Sector and the defeat of Bill C-300, an act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Meanwhile, …
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Articles, Book Chapters, & Popular Press
If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie
Dalhousie Law Journal
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 …
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn
Dalhousie Law Journal
The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …
States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer
States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer
Dalhousie Law Journal
There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.
International Law In Asia: An Initial Review, Jeremy Thomas
International Law In Asia: An Initial Review, Jeremy Thomas
Dalhousie Law Journal
It is now a little over half a century since the first of the states of Asia to be granted their independence in the aftermath of the Second World War became sovereign and independent of their former colonial masters. In that period there have been very substantial changes in international law. The number of the family of nations has more than tripled and international organisations and even individuals are now subject to the application of international law. Space law, human rights and the law of the environment have appeared, the law of the sea has been transformed, disarmament has reappeared …
Rule Of Law In A State Of Emergency, John P. Humphrey
Rule Of Law In A State Of Emergency, John P. Humphrey
Dalhousie Law Journal
Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.
The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi
The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi
Dalhousie Law Journal
The International Covenant on Civil and Political Rights and the Optional Protocol thereto, adopted by the General Assembly of the United Nations in Resolution 2200A (XXI) t of 16 December 1966, entered into force on 23 March 1976 in accordance with Articles 49 of the Covenant and 9 of the Protocol respectively. As at 28 July 1989, there were eighty-seven States Parties to the Covenant and forty-five States Parties to the Protocol.
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Dalhousie Law Journal
The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …
The Treatment Of Prisoners Under International Law, L C. Green
The Treatment Of Prisoners Under International Law, L C. Green
Dalhousie Law Journal
As Legal Adviser to Amnesty International, Mr. Rodley is well aware of the numerous occasions on which prisoners and detainees in a variety of countries suffer inhumane treatment, often involving torture or even death. As a contribution to the UNESCO series New Challenges in International Law he has produced this study of The Treatment of Prisoners under International Law seeking to show the extent to which international legal regulation attempts to protect such persons, either by way of the general rules concerning human rights or by way of specific regulations and studies carried out under the auspices of international organizations.
The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius
The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius
Dalhousie Law Journal
John P. Humphrey, the first Director of the Human Rights Division of the United Nations, in his preface to The Concept and Present Status of the International Protection of Human Rights - Forty Years after the Universal Declaration, observes that the question of the international protection of human rights "has received far too little attention from scholars, statesmen, diplomats and human rights activists". There "has so far been no attempt ... to provide a comprehensive account" of the concept of "protection" within the international law of human rights. In his new book, Dr. B.G. Ramcharan, the distinguished lawyer-adviser in the …
International Humanitarian Assistance The Right To Life In International Law The Right To Food, L C. Green
International Humanitarian Assistance The Right To Life In International Law The Right To Food, L C. Green
Dalhousie Law Journal
When the international community first became interested in the problem of human rights during the second world war and then enunciated those rights in a series of international instruments, there was a tendency among writers to deal with the issue as a comprehensive whole. Now, however, it has become increasingly popular for authors to deal with a specific right to the exclusion of all others.