LSN: Canadian Law - International (Topic)最新文献

The Bilcon NAFTA Tribunal: A Clash of Investor Protection and Sustainability-Based Environmental Assessments 比尔康北美自由贸易协定法庭:投资者保护与基于可持续性的环境评估的冲突

LSN: Canadian Law - International (Topic) Pub Date : 2017-07-14 DOI: 10.2139/ssrn.3002626

Meinhard Doelle

引用次数: 0

Who Holds Influence over WTO Jurisprudence? 谁对WTO法理有影响?

LSN: Canadian Law - International (Topic) Pub Date : 2017-03-01 DOI: 10.2139/ssrn.2945027

Mark Daku, Krzysztof J. Pelc

{"title":"Who Holds Influence over WTO Jurisprudence?","authors":"Mark Daku, Krzysztof J. Pelc","doi":"10.2139/ssrn.2945027","DOIUrl":"https://doi.org/10.2139/ssrn.2945027","url":null,"abstract":"What shapes jurisprudence in international law? States dedicate considerable effort trying to influence not only the outcome, but also the content, of legal rulings. The stakes are high, as these legal opinions can redefine the meaning of the rules. Looking at the World Trade Organization, we ask whether some countries hold more influence over jurisprudence than others, and what such influence depends on. Using text analyses of every country submission in every ruling in the WTO era, we test a number of theoretical expectations. We find that some countries do appear to hold greater sway over the content of rulings than others: a country’s wealth, but especially its legal experience, account for much of this variation. Secondly, countries’ influence over the content of the verdict varies according to how novel the legal issue being ruled on is: states have more influence over the content of the ruling, the less precedent judges have to rely on in terms of prior legal decisions. The salience of the case and judges’ legal experience also follow expectations, as both are shown to take away from countries’ influence. Overall, the degree to which countries’ submissions influence the content of rulings appears to vary systematically. Legal capacity affects not only countries’ ability to file disputes, but also their ability to affect the shape of the resulting jurisprudence.","PeriodicalId":261746,"journal":{"name":"LSN: Canadian Law - International (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121438146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Protection of Investors’ Legitimate Expectations and the Fair and Equitable Treatment Standard under NAFTA Article 1105 《北美自由贸易协定》第1105条对投资者合法期望的保护与公平与公平待遇标准

LSN: Canadian Law - International (Topic) Pub Date : 2014-02-01 DOI: 10.54648/joia2014003

P. Dumberry

引用次数: 40

The Arctic Environmental Protection Strategy, Arctic Council and Multilateral Environmental Initiatives: Tinkering While the Arctic Marine Environment Totters 北极环境保护战略、北极理事会和多边环境倡议:在北极海洋环境摇摇欲坠时修修补补

LSN: Canadian Law - International (Topic) Pub Date : 2002-03-22 DOI: 10.1163/9789004482029_022

D. VanderZwaag, Rob Huebert, S. Ferrara

{"title":"The Arctic Environmental Protection Strategy, Arctic Council and Multilateral Environmental Initiatives: Tinkering While the Arctic Marine Environment Totters","authors":"D. VanderZwaag, Rob Huebert, S. Ferrara","doi":"10.1163/9789004482029_022","DOIUrl":"https://doi.org/10.1163/9789004482029_022","url":null,"abstract":"The Arctic marine environment is not pristine, as commonly imagined, but is facing numerous pressures,' the most serious arguably coming from outside the region. Melting of sea ice, linked to global warming, threatens the long-term survival of various species including polar bears and has potential to seriously disrupt ocean currents. Persistent organic pollutants (POPs), including pesticides, industrial compounds and combustion by-products, are transported via air and water currents from regions outside the Arctic and become concentrated in the fatty tissues of animals.\" The pollutants threaten not only the well being of wildlife but the health of northern residents heavily dependent on country foods. Heavy metals, such as mercury, lead and cadmium, coming from various transboundary sources, including fossil fuel combustion and waste incineration, are also contaminating the Arctic marine environment. Most Arctic bird species are migratory and during the winter months may accumulate various contaminants from industrialized locations further south and pass along pollutants to other Arctic animals when the birds become prey. Ozone holes over the Arctic, while smaller in size and of shorter duration than in the Antarctic, raise concerns with negative effects on marine phytoplankton production and human health effects such as skin cancer.","PeriodicalId":261746,"journal":{"name":"LSN: Canadian Law - International (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115190974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 30

Canadian Legal Ethics: A Subject in Search of Scholarship 加拿大法律伦理:一个寻求学术研究的课题

LSN: Canadian Law - International (Topic) Pub Date : 2000-01-24 DOI: 10.2307/826036

A. Dodek

{"title":"Canadian Legal Ethics: A Subject in Search of Scholarship","authors":"A. Dodek","doi":"10.2307/826036","DOIUrl":"https://doi.org/10.2307/826036","url":null,"abstract":"In 2000, Adam Dodek surveyed the terrain of Canadian legal ethics and his report was bleak. Few Canadian law schools were offering courses in the subject and the legal scholarship in the area was sparse. Until the 1990s, there was only a single book on Canadian legal ethics. In the 1990s, however, a modest increase in interest in legal ethics was spurred due to the revision of the Canadian Bar Association's Code of Professional Conduct in 1987 and the Supreme Court of Canada's path breaking decision in Martin v. Gray dealing with conflicts of interest. The author describes a \"first generation of scholarship\" in Canadian legal ethics characterized which is largely descriptive rather than analytical and focuses on the ethical codes. The possibility of a \"second generation\" is reviewed positively by the author, welcomed by the publication of Allan Hutchinson's book Legal Ethics and Professional Responsibility, which the author terms \"the true breakthrough in the scholarship of legal ethics in Canada\" because it was the first monograph in Canada to apply a critical analysis to the core issues of legal ethics. Dodek laments the dearth of empirical research on the legal profession in Canada and concomitant Canadian tendency to rely on American and British scholarship. He reviews several recent British works in the area as providing examples of where the scholarship of Canadian legal ethics can go. The article ends with a challenge to the Canadian legal establishment to begin to take legal ethics seriously.","PeriodicalId":261746,"journal":{"name":"LSN: Canadian Law - International (Topic)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129152015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

A Vital Artery or A Stent Needing Replacement? A Global Space Governance System without the Outer Space Treaty? 需要更换重要动脉还是支架?没有《外空条约》的全球空间治理体系?

LSN: Canadian Law - International (Topic) Pub Date : 1900-01-01 DOI: 10.2139/ssrn.3351503

Ram S. Jakhu, S. Freeland

引用次数: 2