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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...
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...
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...
Canada has abundant natural wealth -- beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the worst environmental records in the industrialized world. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd, one of Canada’s leading environmental lawyers, describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. The overwhelming majority of the world’s nations now recognize environmental rights through laws, constitutions, treaties, or court decisions. Boyd explores Canada’s history of failed efforts to do the same within this international context and offers three pathways to constitutional recognition of the right to a healthy environment. This important and provocative book provides a blueprint for renewed leadership in protecting human health, the well-being of the planet, and the interests of future generations.
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?
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...
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.
Democracy, Ecological Integrity and International Law is the latest product of research by the Global Ecological Integrity Group (www.globalecointegrity.net), an organisation that has been meeting annually since 1992 to discuss scientific, philosophical, political and legal aspects of ecological integrity. This collection examines various aspects of governance from the standpoint of integrity: from democracy, to forms of Native governance, from globalization and neocolonialism to specific human rights to food, water and climate.
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law schola...