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Full-Text Articles in Law
The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
Osgoode Legal Studies Research Paper Series
Articles 7 and 8 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) are entitled ‘Objectives’ and ‘Principles’ respectively. These provisions occupy a prominent position within the text of the Agreement, yet have figured sparingly in the legal reasoning of the WTO Dispute Settlement Body (DSB). The illogical nature of this discrepancy is accentuated when considered in light of four key factors. First, the pioneering step taken by the negotiators of the TRIPS Agreement to include broad declarations of intent within the legally operative text. Second, the 2001 reinforcement given to the authority of these provisions through …
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Osgoode Legal Studies Research Paper Series
The authors argue that while both Multilateral Development Banks (MDBs) and national governments have mechanisms to fight corruption, the outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction Small and Medium Enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. The article examines the enforcement objectives articulated in national legislation, namely the American Foreign and Corrupt Practices Act and its Canadian counterpart (the CFPOA) as well as several Canadian cases, on the one hand, and …
Consult, Consent And Veto: International Norms And Canadian Treaties, Shin Imai
Consult, Consent And Veto: International Norms And Canadian Treaties, Shin Imai
Osgoode Legal Studies Research Paper Series
Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the creation of small reserves for the Indians, and the “surrender” of the remaining tracts of land to the Crown. The land that is “surrendered” continues to be available for Indigenous hunting, fishing and harvesting activities. However, once the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement, the treaty rights to hunt, fish and …
Book Review: Joseph Rikhof, The Criminal Refugee: The Treatment Of Asylum Seekers With A Criminal Background In International And Domestic Law, Angus Gavin Grant
Book Review: Joseph Rikhof, The Criminal Refugee: The Treatment Of Asylum Seekers With A Criminal Background In International And Domestic Law, Angus Gavin Grant
Osgoode Legal Studies Research Paper Series
Book Review of Joseph Rikhof, The Criminal Refugee: The Treatment of Asylum Seekers with a Criminal Background in International and Domestic Law.
Corruption At The Intersection Of Business And Government: The Oecd Convention, Supply-Side Corruption And Canada's Anti-Corruption Efforts To Date, Milos Barutciski, Sabrina A. Bandali
Corruption At The Intersection Of Business And Government: The Oecd Convention, Supply-Side Corruption And Canada's Anti-Corruption Efforts To Date, Milos Barutciski, Sabrina A. Bandali
Osgoode Legal Studies Research Paper Series
Over the last twenty years, international and regional conventions have been concluded to combat the corruption of public officials. Part I of the paper explains the genesis of international anti-corruption law and its focus on the "supply-side" of bribery transactions, drawing on the negotiating history and the experience of practitioners involved in the development of international anti-corruption law. Parts II and III examine Canada's implementation of its international obligations and its enforcement record to date. Part IV of the paper concludes with an analysis of the challenges faced by Canadian businesses and the limitations of the focus on supply-side of …