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Full-Text Articles in Law
State Responsibility For International Bail-Jumping, Robert Currie, Elizabeth Matheson
State Responsibility For International Bail-Jumping, Robert Currie, Elizabeth Matheson
Articles, Book Chapters, & Popular Press
Over the last decade, there has been a spate of incidents in Canada and the United States involving Saudi Arabian nationals who, while out on bail for predominantly sexual crimes, were able to abscond from the countries despite having surrendered their passports. Investigation has revealed evidence supporting a reasonable inference that the government of Saudi Arabia has, in fact, assisted its nationals to escape on these occasions. This article makes the case that this kind of conduct amounts not just to unfriendly acts but also to infringements upon the territorial sovereignty of both states and serious breaches of the international …
Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie
Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie
Articles, Book Chapters, & Popular Press
A recent and prominent American appeals court case has revived a controversial international law question: can a state compel a person on its territory to obtain and produce material which the person owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Articles, Book Chapters, & Popular Press
A recent and prominent American appeals court case has revived a controversial international law question: can a state compel an individual on its territory to obtain and produce material which the individual owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …
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 …
Maritime Law Judgments In Canada – 1979, William Tetley
Maritime Law Judgments In Canada – 1979, William Tetley
Dalhousie Law Journal
As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Dalhousie Law Journal
The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz
Dalhousie Law Journal
In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …