Law Commons^™

Negotiating An Institution For The Twenty-First Century: Multilateral Diplomacy And The International Criminal Court, Valerie Oosterveld

Law Publications

The authors review the decades of discussion and years of negotiation that led to the adoption of the Statute of the International Criminal Court in 1998. By placing the creation of the International Criminal Court in its historical context, they emphasize the significance of the statute and the Court for international law. The lecture discusses various provisions of the statute, highlighting controversial aspects such as the jurisdiction of the Court and the crime of aggression. The statute reflects the compromises struck throughout the negotiations, compromises that are a necessary part of multilateral diplomacy. Though it was not possible to reconcile …

The Cooperation Of States With The International Criminal Court, Valerie Oosterveld

Law Publications

This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task …

The Evolution Of International Humanitarian Law, Valerie Oosterveld, Darryl Robinson

Law Publications

Written by diplomatic practitioners, Human Security and the New Diplomacy is a straightforward account of challenges already overcome and the prospect for further progress. From the evolution of peace-keeping, to peacebuilding, humanitarian intervention, war-affected children, international humanitarian law, the International Criminal Court, the economic agendas of conflict, transnational crime, and the emergence of connectivity and a global civil society, the authors offer new insights into the importance of considering these issues as part of a single agenda. Human Security and the New Diplomacy is a case-study of a major Canadian foreign policy initiative and a detailed account of the first …

Copyright In The Context Of Intellectual Property: A Survey Of Canadian University Policies, Margaret Ann Wilkinson

Law Publications

Traditionally, the federal government has been considered the major player in information policy concerning copyrights and patents because both come within its exclusive legislative competence. Increasingly, however, two trends are becoming clear: intellectual property policy cannot be considered in isolation from other economic and social policy issues and national governments are increasingly constrained in terms of their direct actions with respect to specific intellectual property protections by the government's wider commitments developed through the process of international trade negotiation. It is argued in this paper that the role of those who actually control the intellectual property created or used in …

Do Codes Of Ethics Actually Shape Legal Practice?, Margaret Ann Wilkinson, Christa Walker, Peter Mercer

Law Publications

In theory, professional codes of conduct are supposed to assist lawyers in choosing the appropriate course of action when they are faced with an ethical dilemma and it is expected that lawyers will, in practice, turn to such codes for guidance. A recent research initiative undertaken by legal scholars at the University of Western Ontario sought to examine the effectiveness of codes of ethics in maintaining standards of behaviour within the legal profession in Ontario by examining the kinds of ethical problems confronting lawyers in that province and the extent to which they were resolved through the use of professional …

Whither Industrial Design, Margaret Ann Wilkinson, Amy Muhlstein

Law Publications

The scope of the Industrial Design Act in Canada is much narrower than the concept of industrial designs, as original and unique manufactured objects, in industry. Indeed, the Industrial Design Act applies only to the aspects of industrial designs which we have described as the design aspects. Similar protection of the design aspects of industrial designs exist in Britain and the United States, although, as discussed, these protections take different forms in each jurisdiction. Although some of the aspects of industrial designs other than the design aspects receive no intellectual property protection in any of the three jurisdictions, others are …

Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody

Law Publications

No abstract provided.

Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody

Law Publications

No abstract provided.

Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody

Law Publications

The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These conference proceedings comprise a collection of essays written by leading academics and practitioners on the subject of how international law affects Canadian domestic law. A wide range of domestic law areas are covered, including environmental law, international trade law, constitutional law, international treaties, and the treatment of women in relation to immigration and refugee law. This work will be of value to Canadian scholars and practitioners, …

What’S Wrong With Restitution, David Stevens, Jason Neyers

Law Publications

The law of restitution has developed out of the law of quasi-contract and the law of constructive trust. Inadequate attention to the logic and coherence of doctrines in the law of restitution, however, renders this new law as opaque and confused as its predecessor. This is largely due to the remedial mentality of the common law. The remedy to the remedial mentality is to concentrate future efforts in stating doctrine on defining rights, not remedies. The precedent for this type of change in method is the transformation that occurred in contract and tort over the past 100 years, inspired, in …

Acts Of Parliament: Privatisation, Promulgation And Crown Copyright – Is There A Need For A Royal Royalty?, Mark Perry

Law Publications

The road of privatisation of government assets is littered with the debris of mishaps and oversights. One clear illustration is the history and effect of the sale of the Government Printing Office (GPO) in 1990. Within the sale process there was a failure to ensure adequate consideration of the policy implications from an important perspective, namely the effect of privatising the means of promulgation of the normative materials of the State. Furthermore, there was no enquiry into the dubious assumptions made as to Crown Copyright in legislation.

Intellectual property rights in primary legal materials create a dilemma for policy makers. …

When “Cultural Identity Was Not At Issue”: Thinking About Canada - Certain Measures Concerning Periodicals, Chios Carmody

Law Publications

No abstract provided.

Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld

Law Publications

No abstract provided.

Do Canadian Children Have A Right To Be Intellectually Free?, Margaret Ann Wilkinson, Lynne Mckechnie

Law Publications

The purpose of this study is to examine some aspects of the issue of children's access to information through public libraries in Canada. Voluntary professional codes of ethics and intellectual freedom manifestos of the American and Canadian Library Associations, as well as current commentary and reported practices of children's librarianship, were examined. These sources contained evidence that both policies which support open access and policies restricting access to information for children exist. Some aspects of relevant international and Canadian law were then analyzed to determine whether the state has imposed any limitations on children's access to information. A tension was …

Lazarowicz V. Bardal: Reasonable Notice And Relational Contracts In Canada, Chios Carmody

Law Publications

No abstract provided.

Plotting Conflict, Margaret Ann Wilkinson, John Provost Wilkinson

Law Publications

Conflict management theory is illustrated in a series of hypothetical scenarios, typical of library situations. Each scenario is discussed in terms of a specific management theory and the theories are transposed into useful management tools by plotting each situation along relevant axes.

Perceptual Differences In Approaches To Censorship Information Intermediaries And The Implementation Of Law, Margaret Ann Wilkinson

Law Publications

Censorship exists wherever there is preselection of information made available to a particular group of potential users-that is, wherever there is an information intermediary between the information source and the user. Therefore, one cannot ask whether or not there should be censorship. Nor is it realistic to declare that freedom of expression should override censorship. A more useful approach is to ask what checks and balances should be in place to ensure freedom of expression and other basic information rights in the face of the necessity and reality of the information selection process. Two forms of legal intervention have been …

Of Substantial Interest: Third Parties Under Gatt, Chios Carmody

Law Publications

No abstract provided.

Mentor, Mercenary Or Melding: An Empirical Inquiry Into The Role Of The Laywer, Margaret Ann Wilkinson, Terra Strong, Peter Mercer

Law Publications

This article examines the two models for the role of lawyers (the "counselor" approach and the "hired gun" approach) as espoused in legal literature. It then looks at the guidance given lawyers in Ontario, Canada, in choosing between the two roles in the Professional Conduct Handbook of The Law Society of Upper Canada. The Article then compares those models and the Law Society's directives concerning them, to the actual roles practiced by lawyers as members of the Ontario Bar. The purpose of this Article is to determine the way in which the roles adopted by practising lawyers compare to the …

The Practice Of Ethical Precepts: Dissecting Decision-Making Lawyers, Margaret Ann Wilkinson, Peter Mercer, Terra Strong

Law Publications

The article describes the context for a major piece of interdisciplinary research undertaken in Ontario, Canada investigating whether the nature of ethical behaviour was changing over time: whether professionalism or profit was driving the behaviour of lawyers. The project had both conceptual and philosophical aspects and an empirical investigation. Previous research on professional ethics is canvassed, including studies of medical ethics, and the particular problems associated with research about the legal profession are identified. The full methodology of the empirical aspect of the research is described and all methodological decisions are discussed and justified. Appendices contain all research instruments. The …

Control Of Community Information: An Analysis Of Roles, Margaret Ann Wilkinson, Karen Pettigrew

Law Publications

No abstract provided.

Select Bibliography Of Women's Human Rights, Valerie Oosterveld, Rebecca J. Cook

Law Publications

No abstract provided.

Shifting The Balance Of Copyright Control For Photographic Works In Canada, Margaret Ann Wilkinson, Charles Painter

Law Publications

This case comments upon the recent Ontario Divisional Court decision in Allen v Toronto Star Newspapers Ltd (1997), 36 OR (3d) 201 (Ont Div Ct), focusing upon the issue of ownership of copyright in photogenic works in Canada, and the negative effects that this decision will ahve, if followed in other cases and jurisdictions, upon creators' ability to control their works and to derive full economic benefit therefrom as envisioned under Canada's Copyright Act, RSC 1985 c C-42.

A Study Of The Effect Of Controlling The Flow Of Information Through Imposition Of Statutes, Margaret Ann Wilkinson

Law Publications

No abstract provided.

The Effects Of Entry Arrangement On Search Times: A Cross-Generational Study, Margaret Ann Wilkinson, Patricia V. Burt, M.T. Kinnucan

Law Publications

To test the effects of a vertical versus a horizontal arrangement of brief structured text entries on known-item search times, 2 groups of 12 women university graduates with mean ages of 71 years and 33 years respectively took part in an experiment. Subjects were classified as either having or not having library reference experience. They were asked to locate and answer factual questions concerning thesaurus entries arranged in each format. The important data unit for analysis was the difference in time for each subject rather than the actual times. Results indicated that differences in search times were proportionately the same …