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Full-Text Articles in Law
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
LLM Theses
Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …
Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo
Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo
LLM Theses
This thesis examines the need for a multilateral regime for the regulation of foreign direct investment. The absence of such a regime has slowed the growth of foreign direct investment, as investment decisions are difficult to make because of the uncertainty of investment rules. Attempts to establish a multilateral framework for investment have failed due to disagreement between developed and developing countries on its scope. The major source of controversy has been the inclusion of the national treatment standard in the prospective agreement. This thesis analyses the position of both sides, and attempts to find a balance between the positive …
Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French
Defining The Role Of Mature Minors In The Medical Research Consent Process, Isabelle M. A. French
LLM Theses
In recent years, there has been an increase in the number of minors included in a broad range of medical research studies. To date, however, little attention appears to have been paid to how the role of minors in the consent process leading to participation in these studies should be defined. This thesis reviews the legal and ethical instruments and principles that define the role of mature minors in the medical research consent process in Canada at present. The thesis goes on to recommend a framework that should be added to the Tri-Council Policy Statement whereby all minors undergo a …
The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice, Audrey Laurel Barrett
The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice, Audrey Laurel Barrett
LLM Theses
The theory of restorative justice has always lagged behind practice. As such, gaps in theory have existed over time and continue to exist today, particularly in terms of explaining "the magic" that occurs within the encounter process. By exploring the theories of Jürgen Habermas, it is suggested that new frameworks can be developed that can help theorists think about, and explain the experiences and outcomes central to restorative processes. This paper focuses on Habermas' theory of universal pragmatics and communicative action as a means to better understand the mechanisms within the encounter process, and the conditions necessary, to give rise …
Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau
Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau
LLM Theses
The concept of dangerousness in Canadian and French criminal law is a central component in the development of prophylactic measures, such as section 810.1 and 810.2 of the 'Criminal Code' and similar French provisions. The imposition of preventive measures to control the risk of future behaviour of potentially dangerous individuals relies on inexact science to determine and assess dangerousness. In the last decades, several risk assessment tools have been developed, notably some in Canada, but their reliability in predicting dangerousness varies. The objectivity and reliability of a determination of dangerousness can be affected not only by the type of risk …
Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal
Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal
LLM Theses
The introduction of harmful aquatic organisms and pathogens transferred through ships' ballast water and sediments from one coastal region to another has ecological, economic, environmental, and human impacts. The international community, through numerous binding and non-binding instruments, also sought to combat this problem. Ultimately, the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 was adopted by the International Maritime Organization as the dedicated legal regime intended to prevent, control and ultimately eradicate the introduction and spread of harmful aquatic organisms and pathogens through ships' ballast water and sediments. By its Regulations, the Convention sets …