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The Future Of The Grave Breaches Regime: Segregate, Assimilate Or Abandon, James G. Stewart Jan 2009

The Future Of The Grave Breaches Regime: Segregate, Assimilate Or Abandon, James G. Stewart

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Grave breaches of the Geneva Conventions are one type of war crime. In this Article, I argue that the grave breaches regime has three possible futures. In the first, the regime remains segregated from other categories of war crimes in deference to the historical development of these crimes. This future, however, is one that will see a relatively dramatic decline in the use of grave breaches in practice, primarily because other offences cover the same acts more efficiently. In the second possible future, the grave breaches are entirely abandoned, but this eventuality seems both improbable and undesirable. Even though judicial …


Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson Jan 2009

Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson

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This symposium’s issue on ‘Climate Justice and International Environmental Law: Rethinking the North–South Divide’ asks contributors to explore the intersection between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. In relation to the former, the author posits that there appears to be a profound disconnect between the law and the politics of climate change, one that reflects a broader disconnect between those who view the challenge posed by climate change through an ethical lens, and those who see it …


Bill C-268: Minimum Sentences For Child Trafficking Needed, Benjamin Perrin Jan 2009

Bill C-268: Minimum Sentences For Child Trafficking Needed, Benjamin Perrin

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Under-aged girls as young as 12 years old are being subjected to sexual exploitation by traffickers according to a Criminal Intelligence Service of Canada (CISC); this is a pressing national problem, as organized crime networks are actively trafficking Canadian-born women and under-age girls within and between provinces and to the United States, destined for the sex trade. Law enforcement agencies are beginning to investigate and lay human trafficking charges under Canada’s Criminal Code s. 279.01 which carries a maximum term of imprisonment of 14 years, and up to life imprisonment if the accused kidnaps the victim, subjects them to aggravated …