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Articles 1 - 20 of 20
Full-Text Articles in Law
Book Review: Unnatural Law: Rethinking Canadian Environmental Law And Policy, Benjamin J. Richardson
Book Review: Unnatural Law: Rethinking Canadian Environmental Law And Policy, Benjamin J. Richardson
Articles & Book Chapters
No abstract provided.
(Under)Mining The Seabed? Between The International Seabed Authority Mining Code And Sustainable Bioprospecting Of Hydrothermal Vent Ecosystems In The Seabed Area: Taking Precaution Seriously, Ikechi Mgbeoji
Articles & Book Chapters
Rapid developments in marine biotechnology and the prospect of sea-bed mining have exposed the inadequacy of legal frameworks to regulation the exploration exploitation, and sharing of the benefits that arise from such marine endeavors. The fact of the matter is that despite the giant strides made in and the huge financial stakes involved in bioprospecting of hydro-thermal vent ecosystems, legal issues raised by profitable biotechnology development through marine scientific research (MSR) are still at an infant and underdeveloped stage. This article evaluates the extent to which the present legal order for the mining of seabed polymetallic nodules with its tangential …
The Courts Of Westminster Hall In The Eighteenth Century, Douglas Hay
The Courts Of Westminster Hall In The Eighteenth Century, Douglas Hay
Articles & Book Chapters
No abstract provided.
Welfare Law, Welfare Fraud And The Moral Regulation Of The 'Never Deserving' Poor, Shelley A. M. Gavigan, Dorothy E. Chunn
Welfare Law, Welfare Fraud And The Moral Regulation Of The 'Never Deserving' Poor, Shelley A. M. Gavigan, Dorothy E. Chunn
Articles & Book Chapters
The dismantling and restructuring of Keynesian social security programmes have impacted disproportionately on women, especially lone parent mothers, and shifted public discourse and social images from welfare fraud to welfare as fraud, thereby linking poverty, welfare and crime. This article analyzes the current, inordinate focus on 'welfare cheats'. The criminalization of poverty raises theoretical and empirical questions related to regulation, control, and the relationship between them at particular historical moments. Moral regulation scholars working within post-structuralist and post-modern frameworks have developed an influential approach to these issues,however, we situate ourselves in a different stream of critical socio-legal studies that takes …
Legislative Power In Relation To Transfers Of Securities: The Case For Provincial Jurisdiction In Canada, Benjamin Geva
Legislative Power In Relation To Transfers Of Securities: The Case For Provincial Jurisdiction In Canada, Benjamin Geva
Articles & Book Chapters
No abstract provided.
The Legality And Legitimacy Of Unilateral Armed Intervention In An Age Of Terror, Neo-Imperialism, And Massive Violations Of Human Rights: Is International Law Evolving In The Right Direction?, Jean-Gabriel Castel
Articles & Book Chapters
When the United Nations was created in 1945, its main purpose was to deal with threats to international peace and security in order to prevent states from waging aggressive wars. Today, especially since 9/11, terrorism, the spread of weapons of mass destruction, and internal conflicts involving massive violations of human rights are some of the new challenges confronting this organization. The Security Council, which is charged with the maintenance of international peace and security, has not been very consistent and quick in addressing these issues. As a result, when it has failed to authorize collective action, some states have resorted …
The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor
The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor
Articles & Book Chapters
This article examines the influence that IHIs (such as the African System on Human and Peoples' Rights) can exert within states, with the facilitative work of local popular forces, and relates that to the possibility of valuable IHI contributions to peacebuilding within deeply fragmented African states. Of all the existing approaches to the study of IHIs, constructivism comes the closest to accounting for the highly significant incidences of IHIjostered (and popular forces-facilitated) 'correspondence' that occurs outside the 'compliance radar'. In this sense the article is a contribution to the growing constructivist human rights and institutional literature sets. In particular the …
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Legal Dimensions Of Adolescent Sexuality, Roxanne Mykitiuk, Stephanie Turnham
Articles & Book Chapters
The ethical and legal obligations with respect to treating a minor can be confusing, particularly in the areas of consent to treatment, confidentiality, and parental involvement. The clinician must be aware of the appropriate course of practice when the patient is an adolescent seeking care for contraception, pregnancy, or sexually transmitted infections. This article examines a number of ethical and legal issues that arise when providing reproductive and sexual health care to an adolescent and offers recommendations for the physician’s most appropriate courses of action regarding adolescent patients and the age of consent to sexual activity, reporting of child abuse, …
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 2), Benjamin Geva
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 2), Benjamin Geva
Articles & Book Chapters
This article deals with issues evolving around the identification of the beneficiary in the last payment order in the credit transfer received by the last bank in the transfer chain ("beneficiary's bank"), the duties of the beneficiary's bank in the case of an ambiguous description of the beneficiary in the payment order, and the liability of the beneficiary's bank in case it broke such duties.
Continuity Of Aboriginal Rights, Kent Mcneil
Continuity Of Aboriginal Rights, Kent Mcneil
Articles & Book Chapters
In this chapter from Advancing Aboriginal Claims: Visions, Strategies, Directions, Kent McNeil discusses the Van der Peet and Delgamuukw decisions in the context of the continuity of Aboriginal Rights. His essential question concerns how essential proof of continuity is for establishing Aboriginal rights: is it necessary in all cases, or only in cases concerning specific traditions, or occupation of land, subsequent to European contact or sovereignty?
Biography: Eyre, Sir James (Bap. 1734, D. 1799), Douglas Hay
Biography: Eyre, Sir James (Bap. 1734, D. 1799), Douglas Hay
Articles & Book Chapters
No abstract provided.
Climate Law And Economic Policy Instruments: A New Field Of Environmental Law, Benjamin J. Richardson
Climate Law And Economic Policy Instruments: A New Field Of Environmental Law, Benjamin J. Richardson
Articles & Book Chapters
No abstract provided.
Financing Environmental Change: A New Role For Canadian Environmental Law, Benjamin J. Richardson
Financing Environmental Change: A New Role For Canadian Environmental Law, Benjamin J. Richardson
Articles & Book Chapters
Financial institutions occupy a central role in equity and debt markets, providing the finance that shapes economic development and thus environmental pressures. Environmental regulation has traditionally focused on development itself but not those that financially sponsor developers. To achieve an environmentally sustainable economy in Canada, new regulations and policies to promote environmentally friendly financing in the financial services sector are necessary. This article explains why financing environmental change is crucial, surveys the main private financial institutions in Canada relevant to this task, and makes recommendations on how financial regulation and its broader institutional context can be reformed to support sustainable …
The "Terminator" Patent And Its Discontents: Rethinking The Normative Deficit In Utility Test Of Modern Patent Law, Ikechi Mgbeoji
The "Terminator" Patent And Its Discontents: Rethinking The Normative Deficit In Utility Test Of Modern Patent Law, Ikechi Mgbeoji
Articles & Book Chapters
Arguably, no other biotechnological invention has been excoriated with so much confused rhetoric on “utility” as the invention relating to Genetic Use Restriction Technologies (“GURTs”) patented in the United States, Canada, Australia, Belgium, Bulgaria, Denmark and many other countries. Otherwise known by their rather inflammatory nickname of both “terminator patents,” GURTs have become the lightning rod for both technophiles and Luddites. At the heart of the controversy is a misunderstanding of the changed meaning of the concept of utility in patent law. This paper argues that while the public understanding of utility as social usefulness is well grounded in history …
Canada’S ‘Forgotten Forests’: Or, How Ottawa Is Failing Local Communities And The World In Peri-Urban Forest Protection, Stepan Wood
Articles & Book Chapters
The forests found in Canada's rapidly expanding urban fringes have been decimated by agricultural settlement and urban growth, yet they have been largely overlooked in Canadian forest policy debates. While these "peri-urban" forests fall mainly under provincial jurisdiction, this paper argues that the federal government has the authority and opportunity to negotiate a more active role for itself in this area. The paper assesses the federal government's track record of international commitments and domestic action on peri-urban forests, canvassing developments in six policy areas: general principles; forest conservation and management; biodiversity and endangered species; land securement and ecological gifts; climate …
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Articles & Book Chapters
No abstract provided.
Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron
Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron
Articles & Book Chapters
The article identifies and explains a double standard in the Supreme Court of Canada jurisprudence. The contrast is between the open court jurisprudence, which is a model of good constitutional governance – or principled decision making – and the Court’s s.2(b) methodology, which is “anarchistic” or capricious and undisciplined, in the sense of this article. Two landmark cases decided in 2004 illustrate the double standard: the first is Re Vancouver Sun, [2004] 2 S.C.R. 332, which dealt with the open court principle under Parliament’s anti-terrorism provision for investigative hearings, it represents a high water mark for open court and s.2(b) …
Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai
Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai
Articles & Book Chapters
In the recent Canada Business Corporations Act' amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 1), Benjamin Geva
The Beneficiary’S Bank And Beneficiary Described By Name And Number: Liability Chain And Liability Standard In Wire Transfers (Part 1), Benjamin Geva
Articles & Book Chapters
This article deals with issues evolving around the identification of the beneficiary in the last payment order in the credit transfer received by the last bank in the transfer chain ("beneficiary's bank"), the duties of the beneficiary's bank in the case of an ambiguous description of the beneficiary in the payment order, and the liability of the beneficiary's bank in case it broke such duties.
Constitutional Courage, Harry W. Arthurs
Constitutional Courage, Harry W. Arthurs
Articles & Book Chapters
In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"-the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and political problems. Professor Arthurs first lays out why our current obsession with the constitution is problematic. He insists that we do not even know what the supposed "supreme law of Canada" actually is, what it says, or even what it does. Moreover, instead of transforming society, the current "cult of constitutionalism" has only served to transform legal practice and scholarship. ei then surmises …