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Articles 1 - 8 of 8
Full-Text Articles in Law
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable …
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Articles, Book Chapters, & Popular Press
In November 1999, the Standing Senate Committee on Social Affairs, Science and Technology was authorized to examine and report upon developments since the release of Of Life and Death, the final report of the Special Senate Committee on Euthanasia and Assisted Suicide. A subcommittee to update Of Life and Death was therefore established. On February 14, 2000, I participated in the first panel of witnesses before this subcommittee. In light of the subcommittee's mandate, I set myself the following two tasks: first, to update the legal status sections of Of Life and Death by reporting on any changes to the …
The Law And Politics Of "Might": An Internal Critique Of Hutch's Hopeful Hunch, Richard Devlin Frsc
The Law And Politics Of "Might": An Internal Critique Of Hutch's Hopeful Hunch, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
Some of my friends tell me that, as a general proposition, as men get older they become more conservative, but as women get older they become more radical. Allan Hutchinson's new book, It's All in the Game, tells us little about the latter, but it does seem to confirm the former. For almost twenty five years, Allan Hutchinson has been a very high profile "North American crit." There is little doubt that he has been Canada's most prolific and outspoken critical legal scholar. He has been a master trasher, combining powerful critical analytical skills with a wicked wit and …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Redressing The Imbalances: Rethinking The Judicial Role After R. V. R.D.S., Richard Devlin Frsc, Dianne Pothier
Redressing The Imbalances: Rethinking The Judicial Role After R. V. R.D.S., Richard Devlin Frsc, Dianne Pothier
Articles, Book Chapters, & Popular Press
The decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about the interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on evidence and decision based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with …
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
Articles, Book Chapters, & Popular Press
In this paper, while I will conclude that the Dutch experience should give us some concern about a slippery slope, I will, more importantly, also conclude that it should not give us the level of concern suggested by some commentators. I will argue that it does not provide a basis on which to conclude that assisted suicide and voluntary active euthanasia should not be decriminalized in Canada. Rather, it provides a basis for proceeding with caution and developing a permissive regime that places barriers on the slope and contains mechanisms by which slippage down the slope can be detected (and, …
Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim
Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim
Articles, Book Chapters, & Popular Press
The authors review the current structures for judicial appointments in Canada and provide statistical information about the results of these mechanisms in respect to diversity of representation on the courts. They are also critical of the fairness and openness of judicial appointments processes. After examining several variants of the dominant liberal view of law and of judges, the authors proffer and articulate a neo-realist theory of law and what they term a "bungee cord theory of judging." According to the former, law is inevitably a form of politics; according to the latter, judges are unavoidably political actors. In consequence, the …