Anglais

The Chinese Hukou System: Reforming Institutions of Inequality between the Need for Roots and the Demands of Change

Résumé Since 1978, economic reform and opening-up in the People’s Republic of China have dramatically reoriented the previous planned economy towards the free market, generating an increasingly dynamic economy. The... en savoir plus →

Multilateral Human Rights in a Shifting World Order: Perspectives from a UN Special Procedure Mandate

General Comment no. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities: The Committee on Economic, Social and Cultural Rights Has Played Its Part

Résumé Dans le contexte des négociations sur l’élaboration d’un instrument international juridiquement contraignant pour réglementer les activités des sociétés transnationales et autres entreprises, le Comité des droits économiques, sociaux et... en savoir plus →

A Child’s Right to Education: What Can the International Community Do?

Children from poor families often do not go to school and work as wage labourers instead. This perpetuates their poverty status. How does one break this vicious circle? This article... en savoir plus →

The Paradox of Elite Law Schools in India—A Comparison with Canadian Legal Education

Legal education, like law, should always be overhauled and refitted to changes in society. What is sought is a model of legal education that best meets the needs of the... en savoir plus →

Pilot Fatigue—A Study on the Effectiveness of Flight and Duty Time Regulations for Professional Pilots in Canada

In Canada, federal regulations govern the maximum time a professional pilot may fly an aircraft (flight time) and be on duty at his or her workplace (duty time). This report... en savoir plus →

Case Note: The South China Sea Dispute and the Role of UNCLOS in the Settlement of the Dispute

In the summer of 2016, the Permanent Court of Arbitration (PCA) in the Hague ruled on a territorial dispute between the Philippines and the People’s Republic of China (PRC) over... en savoir plus →

Justice Beyond Legalism: Cultural Appropriation of Totem Poles on the Pacific Northwest Coast

This paper attempts to illuminate and problematize the marriage of capitalism and colonialism that results in the widespread appropriation of Indigenous expressions of culture, and in particular, totem poles. This... en savoir plus →

State-Centric Approach to Human Rights: Exploring Human Obligations

The conventional wisdom of rights as a limitation on the power of the State is a product of an archaic understanding that presumed the State is the only entity capable... en savoir plus →

The Rule of Law, The Rule of Conflict? Hong Kong and Democracy—Past and Present Revisited

“The rule of law is essential to Hong Kong’s future” — declared the last governor of Hong Kong, Christopher Patten, a few years before the city’s handover to China. The... en savoir plus →

Self-Defense in Climates of Fear

Climates of fear—depleted inner cities, segregated rural communities, contested international hotspots— strain the law of self-defense, affecting legislation, policing, prosecution, and adjudication. There are distributional implications to our legislative and... en savoir plus →

Ordre public Protection as Legitimate Aim for Freedom of Expression Restriction in the International Legal Order

Résumé The right to freedom of expression (FOE) is one of the cornerstones of the rule of law, but it is not an absolute right. It can be restricted on... en savoir plus →

Freedom of Expression and the “Margin of Appreciation” or “Margin of Discretion” Doctrine

Résumé When an international court decides to keep certain information confidential and orders a ban of any publicity upon them, does it have to abide by the requirements of necessity... en savoir plus →

Journalistic Freedom of Expression and Contempt Proceedings at the International Criminal Tribunal for the Former Yugoslavia

Résumé The International Criminal Tribunal for the former Yugoslavia (ICTY) has addressed the limits to journalistic freedom of expression more frequently and in more detail than other tribunals that resemble... en savoir plus →

Freedom of Expression and Contempt of Court before International Criminal Court: Selected issues – Introductory Note

Araya v. Nevsun Resources: Remedies for Victims of Human Rights Violations Committed by Canadian Mining Companies Abroad

Résumé In November 2017, the British Columbia Court of Appeal (BCCA) published its decision in the case Araya v. Nevsun Resources, dismissing the appeal filed by Nevsun, and allowing the... en savoir plus →

Migrations in the Mediterranean between protection of Human Rights and border control. An Italian perspective

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A Story of Debt and Broken Promises? The Recruitment of Guatemalan Migrant Workers in Quebec

Résumé For the past two decades, the number of immigrants admitted to Canada has remained relatively stable while the number of workers admitted with a temporary work permit has steadily... en savoir plus →

Should Environmental Law Learn from Animal Law? Compassion as a Guiding Principle for International Environmental Law Instead of Sustainable Development

Environmental law and animal law share many common elements and goals, but also exhibit many fundamental differences. Generally, conversations about the two are primarily concerned with what animal law can... en savoir plus →