OSGOODE HALL LAW JOURNAL最新文献

{"title":"Integrating Sustainable Development in International Investment Law, by Manjiao Chi","authors":"Haniehalsadat Aboutorabifard","doi":"10.60082/2817-5069.3592","DOIUrl":"https://doi.org/10.60082/2817-5069.3592","url":null,"abstract":"The idea of sustainable development has a long history and is comparable to that of democracy, freedom, and justice.3 In the twenty-first century, sustainable development is an unavoidable paradigm underpinning all human actions from local to global levels, in both the public and private sectors. Sustainable development is high on the global governance agenda and needs to be followed by making a balance between the competing priorities of economic growth, environmental protection, and social progress.4 Sustainable development, on the one hand, is closely dependent on transnational investment activities to promote economic growth, especially in developing countries. On the other hand, it requires foreign investors to consider socio-environmental issues associated with their investment activities. Despite the universal importance of the role of transnational investment activities in sustainable development, whether and to what extent international investment law could amount to a legal norm that protects socio-environmental values while encouraging economic growth is not a settled issue. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol57/ iss2/8","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71318950","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}

{"title":"The Wetiko Legal Principles: Cree and Anishinabek Responses to Violence and Victimization by Hadley Louise Friedland","authors":"Natasha Novac","doi":"10.60082/2817-5069.3590","DOIUrl":"https://doi.org/10.60082/2817-5069.3590","url":null,"abstract":"Can we reject a monstrous act without rejecting the actor as a monster? This is the question occupying Hadley Louise Friedland, Assistant Professor of Law at the University of Alberta, in The Wetiko Legal Principles: Cree and Anishinabek Responses to Violence and Victimization. Speaking broadly, the book is dedicated to identifying and examining Indigenous laws for guidance on how Indigenous communities can deal with high rates of interpersonal violence in Indigenous communities today, particularly violence against children. The innovation in Friedland’s work is her creative use of source material: She takes as her starting point traditional Cree and Anishinabek stories about wetikos, or cannibal giants, which she positions as vestibules of Indigenous law. In Friedland’s view, wetiko stories contain legal principles and practical resources that can help First Nations manage community members who act violently toward others. It is her task, as a scholar, to examine those stories through a legal lens and mine them for solutions to a rarely acknowledged problem. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol57/ iss2/7","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42863908","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}

{"title":"Rethinking the Doctrine of Aboriginal Rights: The Métis Cases","authors":"P. Chartrand","doi":"10.60082/2817-5069.3587","DOIUrl":"https://doi.org/10.60082/2817-5069.3587","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42641910","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}

{"title":"Not Enough: Human Rights in an Unequal World, by Samuel Moyn","authors":"Mariam Jannat Sheikh","doi":"10.60082/2817-5069.3597","DOIUrl":"https://doi.org/10.60082/2817-5069.3597","url":null,"abstract":"Human rights have come to represent some of the highest ideals of humanity. In Samuel Moyn’s Not Enough: Human Rights in an Unequal World, the Professor of History and Law at Yale University traces the history of the origins of human rights and details a comprehensive narrative of their evolution through various sources. Despite their status as a legal ideology, human rights have often been colloquially invoked to describe broader social entitlements. For this reason, Moyn’s work goes far beyond situating rights as legal instruments, and engages with the political philosophies that underpin human rights as an ideology that function as a reflection of their place in history. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol57/ iss1/11","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47314357","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}

{"title":"Potential Aboriginal Rights-holders: Canada and Cultural Communities versus Indigenous Peoples and Socio-political Bodies","authors":"Gordon Christie","doi":"10.60082/2817-5069.3579","DOIUrl":"https://doi.org/10.60082/2817-5069.3579","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44506239","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}

{"title":"A Right Without a Rights-Holder Is Hollow: Introduction to OHLJ’s Special Issue on Identifying Rights-Bearing Aboriginal Peoples","authors":"Karen Drake","doi":"10.60082/2817-5069.3615","DOIUrl":"https://doi.org/10.60082/2817-5069.3615","url":null,"abstract":"Abstract The focus of this special issue of the Osgoode Hall Law Journal is on identifying holders of rights which are recognized and affirmed by section 35(1) of the Constitution Act, 1982. While Canadian and provincial governments and industry proponents have assumed that Indian Act bands are section 35 rights-holders, Kent McNeil’s analysis of the relevant jurisprudence reveals that this issue is to be resolved with reference to Aboriginal peoples’ own laws. As such, the assumption that a section 35 rights-holder must possess an overarching governance structure is unwarranted if the relevant Aboriginal people’s own laws are not grounded in positivism. Naiomi Metallic’s incisive critique demonstrates that the reasoning in R v Bernard was captured by precisely this type of positivist assumption when the court held that smaller Mìgmaq collectives—as opposed to the larger Mìgmaq nation—must be the rights-holder because the larger Mìgmaq nation lacked a ‘Super Chief’. Gordon Christie identifies another form of capture within the section 35 jurisprudence: Aboriginal peoples are presumed to be socio-cultural bodies and not political bodies, and Aboriginal rights are presumed to be cultural activities and not governmental powers to exercise jurisdictional authority. Both presumptions are captured by liberalism and neither is supported by the text or by a purposive interpretation of section 35(1). Sara Mainville’s article uncovers a conflict between Canadian and Indigenous law in the context of a Kelly order, which courts characterize as a practical solution to the dilemma of how to identify the rights-holder on an interlocutory motion. Mainville demonstrates that the adversarial effects of a Kelly order contravene the Anishinaabe legal principle of consensus-building. Perhaps unsurprisingly given these various conflicts between Canadian jurisprudence and Indigenous laws, Paul Chartrand argues that the identity of rights-holders should be decided through political negotiations between political actors, and not by the courts. Similarly, Jason Madden argues that the Supreme Court of Canada’s jurisprudence entails a duty on Canadian and provincial governments to negotiate with an Aboriginal people to identify the","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48917014","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}

{"title":"Understanding the Ongoing Dialogues on Indigenous Issues in Canadian Legal Education Through the Lens of Institutional Cultures (Case Studies at UQAM, UAlberta, and UMoncton)","authors":"Adrien Habermacher","doi":"10.60082/2817-5069.3581","DOIUrl":"https://doi.org/10.60082/2817-5069.3581","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45162013","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}

{"title":"The Right of Publicity: Privacy Reimagined for a Public World, by Jennifer E. Rothman","authors":"A. Choi","doi":"10.60082/2817-5069.3596","DOIUrl":"https://doi.org/10.60082/2817-5069.3596","url":null,"abstract":"In The Right of Publicity, Professor Jennifer E. Rothman of Loyola Law School offers an in-depth genealogy of the right of publicity, while navigating through scholarly narratives surrounding its origin. The book contests the current body of literature, which situates the origin of the right of publicity in privacy law. Instead of conceptualizing the right of publicity as another form of intellectual property right, the work traces the right of publicity law to (re-) articulate it as a personal right. Stemming from the author’s expertise in intellectual property law and the right of publicity, this book challenges readers to consider the implications of interpreting the right of publicity as a transferrable property right. The author masterfully parses through and critiques the current understandings of the right of publicity to offer an alternative model to be implemented in publicity law. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol57/ iss1/10","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47075935","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}

{"title":"Searching for “Superchief” and Other Fictional Indians: A Narrative and Case Comment on R v Bernard","authors":"Naiomi Metallic","doi":"10.60082/2817-5069.3591","DOIUrl":"https://doi.org/10.60082/2817-5069.3591","url":null,"abstract":"In R v Bernard, 2017 NBCA 48, the New Brunswick Court of Appeal upheld the lower courts’ reasoning that a Mìgmaw man living in the traditional Mìgmaq hunting territory of St. John, New Brunswick could not exercise his Aboriginal rights to hunt because he could not prove he descended from the particular subgroup of Mìgmaq who were at St. John at the time of contact with Europeans. In deciding so, the Court of Appeal rejected the argument that the Mìgmaq, as a nation, are the appropriate rights holders and ought to be the body deciding who can exercise the Mìgmaw right to hunt in the province. This argument was rejected based on the evidence of an expert historian who testified that Mìgmaq could not be a “nation” because they had a decentralized form of government and lacked a “Super Chief.” The case also exhibits undertones of floodgate fears of over-hunting as a consequence of finding the Mìgmaq nation to be the right-holders. This, however, ignores the role Mìgmaq laws and protocols will play in responsibly regulating Mìgmaq hunting and avoiding overuse of resources (not to mention the Crown’s ability to address conservation issues through the Sparrow justification framework). This article tells the story of the Bernard case and provides critical commentary on it. This article is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol57/iss1/7","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46025877","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}

{"title":"Strange Trips: Science, Culture, and the Regulation of Drugs by Lucas Richert","authors":"Irmak Aydemir","doi":"10.60082/2817-5069.3594","DOIUrl":"https://doi.org/10.60082/2817-5069.3594","url":null,"abstract":"In Strange Trips: Science, Culture, and the Regulation of Drugs, Lucas Richert sets out to “investigate the myths, meanings and boundaries of certain recreational drugs and pharmaceuticals,” a goal motivated by the call to “move beyond examining substances in silos” and “put drugs in conversation with each other.” The book’s theme is bolstered by wide-ranging and thorough research across such diverse media as medical journals, political speeches, pop culture, and news reports, with an investigative dive showcasing Richert’s expertise as a historian of pharmacology. Strange Trips’ ambitious scope—from the use of heroin as an end-of-life painkiller to the American public’s obsession with weight loss and the diet pills—sets the stage for a broad discussion as to the role and meaning of drug use and abuse in the North American context. Ultimately, Strange Trips serves as an excellent introductory text to the socio-political dimensions of drug regulation in Canada and the United States and is a readable resource for anyone interested in the politics of drug regulation. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol57/ iss2/9","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42849537","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}