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The Transnational Mining Justice Social Movement: Indigenous Right to Consultation & Right to Remedy Law Reform Activism in Canada and Latin America From 1999-2019
(2020-11-13)This portfolio dissertation studies the activism of the transnational mining justice social movement in Canada and Latin America from the late 1990s to 2019. It focuses on two of the movements most significant human rights ... -
Sex Workers and the Best Interests of their Children: Identifying Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
(2020-11-13)Sex worker parents often lose custody of their children. The purpose of this research was to determine what impact the status of a parent as a past or present sex worker has had on judicial decision-making in custody and ... -
Liquid Laws: Extractivism and Unstable Authority
(2020-11-13)This thesis concerns the co-constitution of extractivism and claims to authority, particularly in contexts where the legal narrative hides the ways that extractivism is facilitated. I examine how law implicitly structures ... -
Procedural Discretionary Decisions and Access to Justice Before Administrative Tribunals
(2020-11-13)This thesis considers procedural discretionary decision-making by administrative tribunals and access to justice for marginalized and low-income individuals. I begin by reviewing literature regarding discretionary ... -
Towards Implementing the Truth and Reconciliation Commission's Calls to Action in Law Schools: A Settler Harm Reduction Approach to Racial Stereotyping and Prejudice Against Indigenous Peoples and Indigenous Legal Orders in Canadian Legal Education
(2020-11-13)Many Canadian law schools are in the process of implementing the Truth and Reconciliation Commissions Call to Actions #28 and #50. Promising initiatives include mandatory courses, Indigenous cultural competency, and ... -
Towards Development Justice: Re-Visiting the Accountability of the World Bank and the IMF from a Right to Development Perspective
(2020-11-13)This dissertation investigates how development justice can be realized through an international accountability praxis that is grounded on the core principles of the United Nations Declaration on the Right to Development, ... -
Re-Visiting the 'Resource Curse': Law and Mining Governance in Southern African Developmental States
(2020-08-11)Using the case studies of Botswana, South Africa, and Zambia, this dissertation interrogates the applicability of the developmental state paradigm to mining developmentalism in Southern Africa. Since the advent of neoliberal ... -
The Nexus Standard and its Implications for International Tax Competition and Soft Law
(2020-08-11)This dissertation investigates the importance of the nexus approach to international taxation. The nexus approach was first adopted in Action 5 of the G20/OECD Base Erosion and Profit Shifting (BEPS) Project and has since ... -
Mining Conflict, Indigenous Peoples and Environmental Justice: The Case of Phulbari Coal Project in Bangladesh
(2020-08-11)My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decision-making process in resource ... -
Using Charter Damages to Provide Meaningful Redress and Promote State Accountability: A Re-examination of the Omar Khadr Case
(2020-08-11)In July 2017, the Government of Canada reportedly paid Omar Khadr $10.5 million to settle his civil suit. Khadr sought damages under the Canadian Charter of Rights and Freedoms resulting from Canada's active participation ... -
Hryniak, the 2010 Amendments, and the First Stages of a Culture Shift?: The Evolution of Ontario Civil Procedure in the 2010s
(2020-05-11)This dissertation investigates the effects of amendments to Ontarios Rules of Civil Procedure that came into effect on January 1, 2010 (the 2010 Amendments) and were subject to interpretation by the Supreme Court of Canada ... -
Disability's Encounter with Legislation and Governance: Long-Term Care Homes in Ontario
(2020-05-11)This dissertation is a comprehensive study of the new legal framework for the long-term care (LTC) sector (also known as nursing homes) in Ontario, Canada. The research sought to answer the following question: What are the ... -
Resisting Obsolescence: A Comprehensive Study of Canada's Conflict of Interest and Ethics Commissioner and the Office's Efforts to Innovate While Strategically Asserting Greater Independence
(2020-05-11)In 2017, Justin Trudeau become the first Prime Minister to be found in violation of Canadas parliamentary ethics laws. This incident alone demonstrated the need for a comprehensive study of the Canadian parliamentary ethics ... -
Assessing Canada's Copyright Law in the Digital Context: Digital Locks, Open Licenses, and the Limits of Legislative Change
(2020-05-11)This dissertation examines Canadas copyright law reform in the information age. The overarching theme of my research underscores the importance of considering the purpose(s) of copyright law and the public interest while ... -
A Corporative Theory of Corporate Law and Governance
(2020-05-11)ABSTRACT This book investigates how a corporation, as a legal entity with certain specific attributes, but lacking human form, can take action in the real world of human activity. It contends that a corporation must take ... -
Girls, Who Run The World? Not Yet: An Analysis of the Underrepresentation of Women on Boards in Canada and the Underlying Theory of the Regulation Thereof
(2020-05-11)This thesis provides an in-depth analysis of the underlying theories of the regulation of the underrepresentation of women on boards, typically categorized into business case and normative rationales. An analysis of these ... -
Punishing Black Bodies in Canada: Making Blackness Visible in Criminal Sentencing
(2020-05-11)The plight of African Canadian offenders in the Canadian criminal justice system is well recognized. However, there is limited scholarly or jurisprudential focus on the role an African Canadian offenders race, colour and ... -
Regulatory Transgression? Drivers, Aims and Effects of Money Laundering and Terrorism Financing Regulation in Pakistan
(2020-05-11)The harmonization of money laundering and terrorism financing regulation is a key feature of the contemporary global economy. Since 9/11 particularly, the remarkable growth of this field of regulation has been characterized ... -
A Comparative Study of Judicial Safeguards in Relation to Investor-State Dispute Settlement
(2020-05-11)ISDS is a relatively young and dynamic regime. It faces challenges for which other adjudicative systems, after centuries of development, have found solutions. In ISDS, fair rules and procedures are essential since ISDS is ... -
With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad
(2020-05-11)Conflict of laws rules in Canada bias toward taking jurisdiction over matters involving human rights or environmental abuse inflicted abroad, particularly when inflicted by Canadian corporations. Contrary to enumerated ...
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