20092 research outputs found
Sort by
The London Principles and their Impact on Law Reform
No full textCritical to the effectiveness of an arbitral seat is its arbitration law, a feature that, unlike the geographic location or the basic infrastructure, can readily be improved by legislators who appreciate the financial benefits of attracting international arbitrations. The forthcoming GAR–CIArb Seat Index, which is based on the London Principles, will establish a reliable and accessible reference point for commercial parties to make wise choices of seats and for all to be aware of the relative strengths and weaknesses of seats on the world stage. It is hoped that this will provide the incentive to legislators to reform arbitration statutes where this is necessary
Escape to Ponti
No full textFourteen--year--old Bec learned a lesson that day. Be careful whom you rob. A slave on the run from his vicious master, Bec is desperate for money. But when he mugs Tien Nu, he gets more than he bargained for. Tien Nu isn\u27t just a superb acrobat and kung fu wizard. He\u27s also killed his father - or so he thinks. As the paths of the two boys become intertwined with the journey of a mysterious knight, mayhem ensues when they head cross--country toward the safety of Ponti, with Bec\u27s slave master in hot pursuit. A medieval, historical adventure in the Kingdom of Italia. -- Provided by publisher.https://digitalcommons.osgoode.yorku.ca/faculty_books/1420/thumbnail.jp
Newness, Imperialism and International Legal Reform in Our Time: A TWAIL Perspective
No full textThis chapter offers my reflections, grounded in part on the relevant empirical evidence, on how my 2004 journal article that goes by the same title has influenced the field of international law, and especially the development of ‘Critical Third World Approaches to International Law’ (TWAIL). The article at issue is concerned with how claims regarding the supposedly radical or highly significant ‘newness’ of certain crises are deployed to legitimise international legal reform projects that have had, or are likely to have, a tendency to facilitate or justify longstanding imperial ambitions. The article argues that: (a) the deeply political practice of asserting the kinds of newness claims discussed above allows its proponents to better justify the implementation of longstanding, but previously far less tenable, international law reform projects; (b) it is only through the displacement of third-world suffering from internationalist consciousness that the construction of this ‘post-9/11’ world as a significantly new world order has been made possible; and (c) TWAIL analysis is extremely useful international law optic/methodology with which to better understand and deal with the processes through which these newness claims are deployed to render significantly more tenable the international law-reform projects that are thus undergirded
Intersections between Precarious Housing and Residential Tenancy Law: A Review of A Complex Exile and Recent Legal Scholarship on Residential Tenancies
Get PDFThis review essay challenges siloed thinking about housing precarity by bringing a sociological account of emergency shelters in Ottawa, Canada–Erin Dej’s book A Complex Exile–into conversation with recent scholarship from Canadian academics on residential tenancy law.3 One intuition underlying this essay is that we need to think about these disparate legal regimes as comprising a bigger system of housing law. Bringing these areas of law into conversation with one another allows us to identify common themes and these may inform statutory reform initiatives, changes to practice, and advocacy on related social issues. Promising innovations in one area of housing law may be relevant to the regimes that govern other shelter arrangements. Looking at housing law more holistically also enables us to identify how the different regimes leave gaps, create conflicts, and otherwise prove challenging for the individuals who navigate amongst them
Between risk mitigation and labour rights enforcement: Assessing the transatlantic race to govern AI-driven decision-making through a comparative lens
Get PDFIn this article, we provide an overview of efforts to regulate the various phases of the artificial intelligence (AI) life cycle. In doing so, we examine whether—and, if so, to what extent—highly fragmented legal frameworks are able to provide safeguards capable of preventing the dangers that stem from AI- and algorithm-driven organisational practices. We critically analyse related developments at the European Union (EU) level, namely the General Data Protection Regulation, the draft AI Regulation, and the proposal for a Directive on improving working conditions in platform work. We also consider bills and regulations proposed or adopted in the United States and Canada via a transatlantic comparative approach, underlining analogies and variations between EU and North American attitudes towards the risk assessment and management of AI systems. We aim to answer the following questions: Is the widely adopted risk-based approach fit for purpose? Is it consistent with the actual enforcement of fundamental rights at work, such as privacy, human dignity, equality and collective rights? To answer these questions, in section 2 we unpack the various, often ambiguous, facets of the notion(s) of ‘risk’—that is, the common denominator with the EU and North American legal instruments. Here, we determine that a scalable, decentralised framework is not appropriate for ensuring the enforcement of constitutional labour-related rights. In addition to presenting the key provisions of existing schemes in the EU and North America, in section 3 we disentangle the consistencies and tensions between the frameworks that regulate AI and constrain how it must be handled in specific contexts, such as work environments and platform-orchestrated arrangements. Paradoxically, the frenzied race to regulate AI-driven decision-making could exacerbate the current legal uncertainty and pave the way for regulatory arbitrage. Such a scenario would slow technological innovation and egregiously undermine labour rights. Thus, in section 4 we advocate for the adoption of a dedicated legal instrument at the supranational level to govern technologies that manage people in workplaces. Given the high stakes involved, we conclude by stressing the salience of a multi-stakeholder AI governance framework
Entangled Domains: Empire, Law and Religion in Northern Nigeria
No full textSet in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains grapple with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state\u27s governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state\u27s emergence from colonial processes.https://digitalcommons.osgoode.yorku.ca/faculty_books/1400/thumbnail.jp
Constitutional Cases (Pt 6) | The Reach and Range of Judicial Review (Panel C)
No full textThe 26th iteration of the Constitutional Cases conference was held on Friday, April 14, 2023. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year.
Panel C | The Reach and Range of Judicial Review Panelists will consider a range of legal means – including, the Notwithstanding Clause, and legislation like the Alberta Sovereignty Act and Ontario’s Strong Mayor Law - increasingly relied upon to shield legislation from judicial review.
Panelists:
00:04:48 Professor Alexandra Flynn, UBC Allard School of Law
00:26:15 Dean Robert Leckey, McGill Faculty of Law
00:41:05 Professor Eric Adams, University of Alberta Faculty of Law
Chair: Professor Emily Kidd White, Osgoode Hall Law Schoo
Constitutional Cases (Pt 8) | Scrutinizing the Supreme Court with Digital Technology
No full textThe 26th iteration of the Constitutional Cases conference was held on Friday, April 14, 2023. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year.
Plenary II | Scrutinizing the Supreme Court with Digital Technology
Panelists will discuss the use of digital technology to assist in analysis of the work of Canada’s Supreme Court. What can we do with these new technologies that we could not do before? And how will they change the way we think about appellate case law and our Supreme Court?
Panelists:
00:01:30 Paul-Erik Veel, Lenczner Slaght
00:17:05 Simon Wallace, PhD Cand. Osgoode Hall Law School
00:33:30 Professors Jena McGill and Amy Salyzyn, University of Ottawa Faculty of Law
Chair: Professor Jon Penney, Osgoode Hall Law Schoo
Constitutional Cases (Pt 2) | Charter Equality, Indigeneity and Sentencing in R v Sharma 2022 SCC 39
No full textThe 26th iteration of the Constitutional Cases conference was held on Friday, April 14, 2023. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year.
Plenary I: Charter Equality, Indigeneity and Sentencing in R v Sharma 2022 SCC 39 The path of section 15 doctrine has been a perennial topic at this conference. This year’s Sharma decision underscored existing divergent approaches on the court to section 15. Sharma, which includes a section 7 claim, also brought the Charter to questions looming large in contemporary discussion, including approaches to incarceration, the role of sentencing judges, the institutional competence of courts versus legislatures and last but not least legal responses to the impact of colonialism on contemporary lives.
Panelists:
00:04:55 Alana Robert, McCarthy Tétrault LLP 00:15:05 Professors Jennifer Koshan and Lisa Silver (and Jonnette Watson Hamilton), University of Calgary, Faculty of Law
00:37:11 Professors Debra Parkes, UBC Allard School of Law and Sonia Lawrence, Osgoode Hall Law School Chair: Professor Bruce Ryder, Osgoode Hall Law Schoo