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Mining and Indigenous Livelihoods
This book maps the encounters between Indigenous Peoples and local communities with mining companies in various postcolonial contexts. Combining comparative and multidisciplinary analysis, the contributors to this volume shine a light on how the mining industry might adapt its practices to the political and legal contexts where they operate. Understanding these processes and how communities respond to these encounters is critical to documenting where and how encounters with mining may benefit or negatively impact Indigenous Peoples. The experiences and reflections shared by Indigenous and non-Indigenous contributors will enhance our understanding of evolving practices and of the different st...
Vulnerable
The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be h...
World Politics in the Age of Uncertainty
This is a comprehensive book series that comprises two distinct yet interconnected volumes. Volume I focuses on international relations and global politics, while Volume II delves into social sciences and humanities studies. Both volumes revolve around the central theme of the COVID-19 pandemic era, exploring its profound impact on various aspects of the world. In Volume I, scholars, and experts in the field of international relations delve into the intricate dynamics of global politics in the context of the pandemic. They analyse the shifting power dynamics, the role of international organisations, the challenges to global governance, and the geopolitical implications of the crisis. This bo...
Political Turmoil in a Tumultuous World
In the last two years, Canadian society has been marked by political and ideological turmoil. How does an increasingly divided country engage a world that is itself divided and tumultuous? Political instability has been reinforced by international uncertainty: the COVID-19 pandemic, populism, Black Lives Matter, and the chaotic final year of the Trump presidency that increased tensions between the West, China and Russia. Even with a Biden presidency, these issues will continue to influence Canada’s domestic situation and its ability to engage as an effective global actor. Contributors explore issues that cause or reflect these tensions, such as Canada’s willingness to address pressing crises through multilateralism, including the COVID-19 pandemic. Can Canada forge its own path in a turbulent world?
Pandemics, Public Health, and the Regulation of Borders
This book examines how the COVID-19 pandemic has engendered a new and challenging environment in which borders drawn around people, places, and social structures have hardened and new ones have emerged. Over the course of the COVID-19 pandemic, borders closed or became unwelcoming at the international, national, sub-national, and local levels. Debate persists as to whether those countries and territories that tightly managed their borders, like New Zealand, Australia, or Hong Kong, got it ‘right’ compared to those that did not. Without doubt, a majority of those who suffered and died throughout the pandemic have been those from vulnerable populations. Yet on the other hand, efforts taken...
Indigenous Peoples and International Trade
An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.
Applied Legal Pluralism
This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as we...
The Life and Death of Freedom of Expression
In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse – in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm. The book considers a range of issues, including the regulation of advertising, hate speech, pornography, blasphemy, and public protest. The book also considers the shift to social media as the principal platform for public engagement, which has added to the ways in which speech can be harmful while undermining the effectiveness of traditional legal responses to harmful speech. The Life and Death of Freedom of Expression makes the case that the principal threat to public discourse may no longer be censorship, but it is rather the spread of disinformation, which undermines public trust in traditional sources of information and makes engagement between different positions and groups increasingly difficult.
Research Handbook on Climate Change Law and Loss & Damage
This timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.
Muslim Marriage in Western Courts
This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these inter...
