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Canadian Federalism and Treaty Powers
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governm...
International Human Rights Law
Designed as a companion volume to International Human Rights Law (Irwin Law, 2004, in the Essentials of Canadian Law Series), this book is a comprehensive collection of international, regional, and national documents most relevant to the study and practise of international human rights law in Canada. It is a convenient, logically organized source of key references for readers of International Human Rights Law, and those with an interest in international human rights law in general. Part One brings together the texts of numerous international human rights instruments. It also includes instruments in four human rights-related areas: international labour, refugee, humanitarian, and criminal law...
Using International Law in Canadian Courts
Engagement with international law is notably absent in Canada's legal past. It is likely, however, to be a momentous part of Canada's legal future. It is the thesis of this book that a lack of basic international legal understanding on the part of lawyers and judges is no longer permissible in the integrated world in which we live, and that we must educate ourselves better if we are to manage that integration process in the interests of Canadian society. Accordingly, Using International Law in Canadian Courts sets out to provide Canadian practitioners and legal academics with a straightforward guide to using public international law in Canadian courts and tribunals.
Is Our House in Order?
Does Canada abide by its international agreements?
The Fluid State
The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law d...
State Agency and the Patenting of Life in International Law
How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.
Current Law Index
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Multijuralism
At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the exter...
Truth Commissions and Procedural Fairness
Publisher Description
Bringing Art to Life
In 1959, Alan Jarvis - the brilliant and charismatic director of the National Gallery of Canada - was forced to resign following a disagreement with the government over the purchase of works by European Old Masters. He never fully recovered from this dismissal, or the public humiliation that followed, succumbing to alcoholism in a little over a decade.
