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False Universalism of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions and the Global South
(2016-09-20)
Why are theories of global governance unsatisfactory? Why are theories of global governance unable to integrate the lived realities of the people of the global South? International law and its institutions are growing at ...
Lets Talk About Sexual Assault A Feminist Exploration of the Relationship Between Legal and Experiential Discourses
(2016-09-20)
This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke ...
When Insider Trading and Market Manipulation Cross Jurisdictions. What Are the Challenges For Securities Regulators and How Can They Best Preserve the Integrity of Markets?
(2016-09-20)
Over the last few decades world securities markets have become significantly more sophisticated in terms of how securities are traded as well as the variety of securities traded. My hypothesis is that the ability of ...
The Failure of the Canadian Human Rights Regime to Provide Remedies for Indigenous Peoples: Enough Time Has Passed
(2016-09-20)
In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, ...
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces
(2016-09-20)
This thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British ...
Rethinking the Law of Interrogations and Confessions in Canada
(2016-09-20)
This thesis is a discussion about the inadequacy of the Canadian confessions rule in light of what modern forensic psychology reveals about the human mind, and the propensity of legally-sanctioned interrogation tactics to ...
Governing Water in Canada: The Legislative Experiments in New Governance
(2016-09-20)
Governing water in Canada is in transition. Since 2000, episodes of drought, unsafe drinking water, and polluted watersheds have affected local and First Nations communities. In reaction to these crises, provincial regulators ...
The Rule of Liberal Legalism: The Challenge of the Normativities of Multiple Modernities and Religious Diversity
(2016-09-20)
In Canada profound diversification of multiple moral, political and normative commitments of a multiplicity of communities is unstoppable. Its historically liberalized, modernized and secularized law dominates principles ...
The Rules of Engagement: Self-Defense and the Principle of Distinction in International Humanitarian Law
(2016-11-25)
This dissertation examines the problem of the mistaken killing of civilians in armed conflict. This occurs when a civilian is intentionally killed by armed forces because he or she is mistakenly believed to pose a threat ...
The Colliding Vernaculars of Foreign Investment Protection and Transitional Justice in Colombia: A Challenge for the Law in a Global Context
(2016-11-25)
This doctoral dissertation explores an argued normative tension between the legal protection of foreign investors via international investment agreements and the implementation of a transitional justice project in Colombia. ...