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Articles 121 - 136 of 136
Full-Text Articles in Human Rights Law
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Articles & Book Chapters
No abstract provided.
Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir
Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir
Articles & Book Chapters
In September 2004 Toronto-based Noranda Inc., one of the world's largest producers of nickel and copper, and China Minmetals Corp., a state-owned Chinese company, announced exclusive talks regarding a potential 100 percent buy-out of Noranda. The proposed friendly takeover was expected to be valued at approximately $7.4 billion USD. The dynamic shifted, however, in mid-November when Noranda announced that the exclusivity period for negotiations had expired and would not be renewed. In early March 2005 Noranda expressed frustration at the continuing lengthy process, which was depressing its share value. At the time, Noranda owned 59 percent of leading Canadian nickel …
Human Rights And Transnational Culture: Regulating Gender Violence Through Global Law, Sally Engle Merry
Human Rights And Transnational Culture: Regulating Gender Violence Through Global Law, Sally Engle Merry
Osgoode Hall Law Journal
In the current era of human rights activism, the global production of human rights approaches to violence against women generates a wide variety of localization processes. Activists translate between global discourses and local contexts and meanings. Culture is conceptualized in quite different and sometimes contradictory ways in this process. Essentialized ideas of culture inhibit recognition of the potential contributions of local cultural practices and provide justifications for groups to resist these changes. This article shows, with reference to a case study of Fiji, that a more anthropological conception of culture provides a better picture of the localization process and foregrounds …
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Osgoode Hall Law Journal
This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …
The Legality And Legitimacy Of Unilateral Armed Intervention In An Age Of Terror, Neo-Imperialism, And Massive Violations Of Human Rights: Is International Law Evolving In The Right Direction?, Jean-Gabriel Castel
Articles & Book Chapters
When the United Nations was created in 1945, its main purpose was to deal with threats to international peace and security in order to prevent states from waging aggressive wars. Today, especially since 9/11, terrorism, the spread of weapons of mass destruction, and internal conflicts involving massive violations of human rights are some of the new challenges confronting this organization. The Security Council, which is charged with the maintenance of international peace and security, has not been very consistent and quick in addressing these issues. As a result, when it has failed to authorize collective action, some states have resorted …
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Articles & Book Chapters
This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.
National Post, James Stribopoulos
Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott
Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott
Articles & Book Chapters
No abstract provided.
Turf: An Eye-Witness Account Of The Sovereign Sensitivities Of The Un Human Rights Committee, Craig M. Scott
Turf: An Eye-Witness Account Of The Sovereign Sensitivities Of The Un Human Rights Committee, Craig M. Scott
Articles & Book Chapters
In late March 1998, the author was present, as an observer, at a Human Rights Committee meeting at the United Nations in New York during which attention was drawn to an unofficial written statement drafted by the 1997- 1998 Chairperson of the Chairpersons (Philip Alston, then-Chairperson of the Committee on Economic, Social and Cultural Rights). The Human Rights Committee members understood the statement had been delivered verbatim the day before to the Commission on Human Rights by Alston on behalf of the Chairpersons. That statement was intended to inform the Commission of the Chairpersons’ latest views as contained in their …
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Articles & Book Chapters
The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …
Social Rights: Towards A Principled, Pragmatic Judicial Role, Craig M. Scott
Social Rights: Towards A Principled, Pragmatic Judicial Role, Craig M. Scott
Articles & Book Chapters
No abstract provided.
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
Osgoode Hall Law Journal
This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Articles & Book Chapters
No abstract provided.
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Articles & Book Chapters
This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.
Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott
Osgoode Hall Law Journal
Using the doctrine of interdependence of human rights as a starting point, the author considers the extent to which international human rights norms located in the International Covenant on Economic, Social and Cultural Rights (ICESCR) "permeate" the parallel International Covenant on Civil and Political Rights (ICCPR), thereby permitting certain social and economic rights to be subjected to the individual petition procedure under the ICCPR's Optional Protocol. After elucidating the notion of interdependence, the author evaluates the salience of the concept in international human rights discourse, and weighs this against arguments for the continued normative separation of the Covenants based on …
The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams
The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams
Articles & Book Chapters
This article is devoted to the question of whether the extradition from Canada of a fugitive Canadian citizen charged with having committed an act that constitutes a criminal offence for which he or she may be prosecuted both in Canada and in the requesting state is a violation of his or her right as a citizen of Canada to remain in Canada, that is guaranteed by section 6( I ) of the Canadian Charter of Rights and Freedoms.' In analysing this question we shall ( i ) give a brief history of and rationale for extradition, with emphasis on the …