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Conflicting Principles Of Canadian Environmental Reform: Trubeck And Habermas V. Law And Economics And The Law Reform Commission, Rod Northey Mar 1988

Conflicting Principles Of Canadian Environmental Reform: Trubeck And Habermas V. Law And Economics And The Law Reform Commission, Rod Northey

Dalhousie Law Journal

Early in the 1970s, the American legal scholar, David Trubeck, made a far-reaching observation: Law is a practical science. It does not ordinarily dwell on fundamental questions about the social, political and economic functions of the legal order. Satisfied with implicit working assumptions about these matters, legal thought moves rapidly to more tractable questions. But when law's solutions to social problems fail to satisfy, it becomes necessary to examine the basic theory from which they derive. Trubeck expounded this thesis in connection with legal developments in the Third World. Using an idea he termed the "core conception" of law, Trubeck …


International Law And The Grotian Heritage, L C. Green Sep 1987

International Law And The Grotian Heritage, L C. Green

Dalhousie Law Journal

Recent emphasis on codification of this or that aspect of international law has encouraged a number of writers to re-examine the "classics" with a view to ascertaining the extent to which we have moved from the 17th and 18th centuries and how far the views of the "teachers" are still relevant or may even today be regarded as lexferenda. Coincident with the fourth centenary of the birth of Grotius, the Interuniversitair Instituut voor International Recht T.M.C. Asser Instituut in cooperation with the Grotiana Foundation organized a commemorative colloquium in the Peace Palace and the Academy of International Law at the …


The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp Sep 1987

The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp

Dalhousie Law Journal

The teaching of International Law at the Universit6 de Montr6al has continued to be of primary importance during the 14 academic years comprised between the years 1971 to 1985. This importance is evidenced by staff members devoting themselves, on a full-time basis, to international law and by the significant number of guest professors, sessional lecturers and teaching assistants that have been involved in the teaching of international law.


China's Challenge To Traditional International Law: An Exposition And Analysis Of Chinese Views And Behaviour In International Law And Politics, Paul C. Yuan Jan 1987

China's Challenge To Traditional International Law: An Exposition And Analysis Of Chinese Views And Behaviour In International Law And Politics, Paul C. Yuan

Dalhousie Law Journal

Ever since the death of the great "helmsman", father of the Chinese Communist Party, Mao Zedong, in 1976 and the fall of the "Gang of Four"' China has entered a new era of socialist reconstruction characterized by a mass introduction of foreign capital and technology as well as capitalist methods of management. With its door wide open to the outside world for foreign investment, China has repeatedly expressed its desire to "do as the Romans do" and play by the rules of the world community. However, foreign businessmen and lawyers are still skeptical about China's real intentions and its fulfillment …


The Consolidated Treaty Series, 1648-1918, Ted L. Mcdorman May 1984

The Consolidated Treaty Series, 1648-1918, Ted L. Mcdorman

Dalhousie Law Journal

The Consolidated Treaty Series was a twelve year publishing project undertaken by the distinguished Cambridge international law professor Dr. Clive Parry. The treaty series contains reprints and translations of over 10,000 treaties signed between 1648, the establishment of the modem European state system, and 1919 when the League of Nations Treaty Series, the first official international collection, commenced publication. Each treaty is reproduced in its original language accompanied by French or English translations where such exist. Where a translation does not exist a summary of the contents of the treaty is included. Most importantly the source from which the treaty …


International Law And The Control Of Terrorism, L. C. Green Apr 1983

International Law And The Control Of Terrorism, L. C. Green

Dalhousie Law Journal

Any discussion of terrorism whether it affects the inlterests of a single country or those of more than one immediately involves problems of definition. According to the Oxford English Dictionary, for example, terrorism is defined as "1. Government by intimidation as directed and carried out by the party in power in France during the Revolution of 1789-1794; the system of the 'Terror'; 2. A policy intended to strike with terror those against whom it is adopted; the employment of methods of intimidation; the fact of terrorizing or condition of being terrorized." The English statute passed in connection with the 'troubles' …


Proof Of Offshore Territorial Claims In Canada, Lawrence L. Herman Mar 1982

Proof Of Offshore Territorial Claims In Canada, Lawrence L. Herman

Dalhousie Law Journal

The territorial sea of Canada consists of a 12-mile belt of maritime space extending seaward from the Canadian maritime coastline. I By virtue of international law, this 12-mile maritime belt is considered to be part of the territorial domain of the littoral state.2 As a consequence, the legal limits of Canadian territory extend beyond the low water line along the coasts of Canada to include the area of the 12-mile territorial sea.


Marine Policy, Baz Edmeades Jan 1979

Marine Policy, Baz Edmeades

Dalhousie Law Journal

For a good many years, the major law reviews in Canada, the United States, United Kingdom and France have devoted a considerable number of their pages to problems of the law of the sea, as this topic has increased in importance and consequent concern among international lawyers. With this development came the appearance of a number of new law journals dealing with the law of the sea such as the Journal of Maritime Law and Commerce in 1969, Ocean Development and International Law in 1973, the Journal of Coastal Zone Management in 1973 to name but three. These and other …


Legal And Diplomatic Developments In The Northwest Atlantic Fisheries, Douglas M. Johnston Oct 1977

Legal And Diplomatic Developments In The Northwest Atlantic Fisheries, Douglas M. Johnston

Dalhousie Law Journal

Within the astonishingly brief timespan of five or six years, a fundamental change has been wrought in the international law of fisheries. Even to those only fleetingly familiar with current developments in the law of the sea, it is apparent that the establishment of 200-mile fishing zones in many parts of the world must signify a major legal change in the world of fishing. Indeed many of us have already become sufficiently accustomed to the new order that it may be useful to remind ourselves of the old order which has now yielded place to it. The classical approach to …