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British Empire, Land Tenure and the Search for an Ideal Proprietor: 1868-1875
Get PDFBetween 1868 and 1875, several land tenure laws (Punjab Tenancy Act of 1868; Landlord and Tenant (Ireland) Act of 1870; and Prince Edward Island Tenants Compensation Act, 1872 and Land Purchase Act, 1875) were enacted across the British Empire. These laws established some form of security of tenure for the actual cultivators of land by recognizing co-proprietorship of tenants and landlords and/or by transferring proprietorship from landlords to tenants. This study examines how proponents of the rights of cultivators overcame long-standing resistance to any encroachment of landlords property rights in these socio-politically diverse and geographically dispersed colonies. Comparative analyses of the historical land tenure arrangements in the three colonies and the contestations around the specific laws reveal two crucial mechanisms which facilitated the institutionalization of peasant-proprietorship. First, there was a fortuitous ideological alignment between important governing agents in the three colonies. Sympathy for the peasants of John Lawrence (Governor-General of India) and his followers in Punjab after the 1857 Rebellion, the desire of William Gladstone and his Liberal government to pacify Ireland in 1868 through a resolution of the centuries-old land question, and the singular focus of the Prince Edward Island legislature by the late 1860s to establish the rights of tenants and convert the leasehold to freehold tenures on the island, reinforced each other in promoting the rights of tenants. Second, these efforts were crucially augmented by the redirection of the debate about how far land tenures being considered across the Empire would impact the sanctity of English principles to one where these existing principles were deemed to be anomalous and thus not applicable to the colonies. The extrication of land tenure considerations in the colonies from the institutionalized practices in England allowed for inter-colony analogies and precedents to support the proprietary rights of the peasant cultivators. The use of inter-colony analogies not only overcame resistance from the influential aristocratic classes and their supporters across the Empire during the period of the current study but also became the normative tool in expanding peasant-proprietorship well into the twentieth century for successive British governments of all political stripes
Implementing a Differential Carbon Border Adjustment Mechanism: How to Design a CBAM Compliant with International Law
No full textSubmission of the Citizens and Technology (CAT) Lab to the United States Copyright Office, U.S .Library of Congress, Washington, D.C., re Notice of Inquiry Technical Measures Public Consultations [ Docket No. 2021–10 ][ Federal Reg. No: 2021-27705 ]
Get PDFOn the Modest Impact of West Africa’s International Human Rights Court on the Executive Branch of Government in Nigeria
No full textSome scholars have criticized international courts in Africa as ineffective given their limited success in compelling or cajoling state behavior. Others have since argued that there are additional ways in which these courts have mattered to state and society in Africa. This Article applies the “correspondence theory” on the domestic impact of international human rights institutions. This Article analyzes evidence of the broader ways, compliance included, in which West Africa’s international human rights court, the Economic Community of West African States’ Community Court of Justice (the “ECOWAS Court”), has had a significant, if sub-optimal, impact on executive branch decision-making and action within Nigeria, the country where most ECOWAS cases originate. The Article further explains the reasons for the suboptimal nature of the ECOWAS Court’s impact in Nigeria and concludes by offering a prolegomenon to a theory on the domestic impact of this regional court
Indigenous Sustainable Development: Shaping Our Future
No full textThe concept of Sustainable Development was made famous with the release of the 1987 Report of the World Commission on Environment and Development. The success of achieving agreement on the definition of sustainable development from so many countries around the world became a source of great optimism in the effort to resolve global environmental issues. Such agreement was largely achieved, however, because the definition was open to interpretation. Since at least as early as 1992, the year of the first “Earth Summit,” Indigenous peoples from around the world have been sounding the alarm on how sustainable development has been interpreted and implemented by issuing international declarations warning that the concept has largely been used to reinforce the status quo, to the detriment of planetary health. This in turn has led to ever-increasing recognition that we are in a state of global environmental crisis. This chapter highlights the warnings issued by the world’s Indigenous peoples over the last four decades, and simultaneously contrasts the difference in world views between capitalist/consumerist society and Indigenous communities on the concept of sustainable development. Realization of the climate and ecological crisis has led to increased interest in Indigenous conceptions of sustainable development as guidance for the transformation called for in moving toward planetary wellbeing
Canadian Privacy Law and the Post-War Freedom of Information Paradigm
Get PDFAn overemphasis on technology among Canadian privacy scholars has neglected other important historical factors in the development of privacy law. The chapter aims to help fill that void through a case study examining how a broader Post War paradigm, centred on freedom of information, impacted on Canada\u27s most important early privacy laws, including Canada\u27s first privacy law - Part VI of the Canadian Human Rights Act (1977); the federal Privacy Act (1983); and the Personal Information Protection and Electronic Documents Act (PIPEDA)(2000). The case study suggests that despite wider concerns about privacy when each law was enacted, those concerns were often overshadowed by a focus on freedom of information and related ideas and norms consistent with broader international paradigm in those same years. Through this case study, this chapter also offers insights as to Canada\u27s overall privacy and data protection regulatory scheme and its development over time
Seeing Like a Clinic
Get PDFThe prevailing commitment in clinical law programs like the Intensive Program in Poverty Law at Osgoode Hall Law School is to an engaged-contextualism, which serves to see law in action. It has provided participating students with some insight into the everyday life of ordinary people, approaching—but not necessarily fully perceptive to—certain socio-legal perspectives. But what does clinical legal education vision and envision? How precisely do clinics see? And from what source or place is that visual authority derived? Here, by attending to the prevailing “pedagogy of seeing” in contemporary poverty law clinical practice, I engage with teaching, learning, and praxis in clinical legal knowledge production. I contend that engaged-contextualism troublingly adheres to a pedagogy of seeing that is indebted to the very authority it should strive to dismantle: state power. With a view to the capitalist state as a nationally-inscribed territorial ordering authority, evidenced through settler and imperialist articulations, I undertake a speculative re-envisioning of knowledge production in and about poverty law. The aim is to encourage an alternative pedagogy motivated by an emancipatory praxis. It is a praxis not of saving poverty law but of constant struggle against sovereign state authority rooted in the creative capacities and self-organizing activities—and ultimately the “freedom dreams”—of poor and otherwise oppressed communities; or in a phrase, the reflexive self-authorization of social movement. The perceptible challenge of all legal education, clinical or otherwise, is ultimately not to see like the settler and imperialist, capitalist state but to look through or beyond it—through the persistent and reckless reproduction of poverty and marginalization as a basis of social order
Panel B: Constituting Courts - Principles from the Criminal Cases | 25th Annual Constitutional Cases Conference
No full textSpeakers on this panel will examine a set of criminal law cases decided in 2021 that offer important general lessons for how we think about the role and powers of adjudicators. Taking up a case examining appeal provisions for accused youth through the lens of section 15(1) [R v CP], the Court’s assessment of provisions controversially aimed at racial bias on juries [R v Chouhan], and a case of overlooked significance addressing the nature and temporal effect of suspended declarations of invalidity [R v Albashir], this panel is about the Court’s constitutional assessment of the criminal process itself, with key doctrinal takeaways for constitutional reflection at large.
4:53 Lisa Kelly, Queen’s Law Judging Youth Time
21:31 Joshua Sealy-Harrington, Lincoln Alexander Law School
37:18 Anne M Turley, Senior General Counsel, National Litigation Sector & Zoe Oxaal, Senior Counsel, Civil Litigation Section, Department of Justice The Significance of R v Albashirin the Evolution of Constitutional Remedies
Chair: Benjamin Berger, Osgoode Hall Law School
This event was recorded on Friday, April 1, 2022 Hosted by Osgoode Hall Law School
Sponsored by LexisNexis and Osgoode Professional Developmen
The Legal Relations of ‘Private’ Forests: Making and unmaking private forest lands on Vancouver Island
Get PDFWhile the vast majority of forestlands in Canada are considered ‘Crown land’, there are key areas of private forestland. On private land the incidents of fee simple ownership mean the owner emerges as land use decision maker – the “agenda setter” for the land. Yet a richer set of legal relations exists in these forests.
Indigenous legal orders derived from an enduring relationship with the land and place also govern forestlands. Using the case of the Esquimalt and Nanaimo Railway lands in British Columbia, this article explores the intersection between historical and contemporary human-forest relations upheld by Anglo-Canadian law and the pre-existing Indigenous legal relations with forestland. This paper illustrates how the current model of Canadian natural resource governance, centered on consultation and accommodation of judicially recognized rights, fails to create adequate space for pluralistic human-forest relations and Indigenous environmental jurisdiction
The Webbing of Public Law: Looking Through Deportation Doctrine
Get PDFThe process of deporting non-citizens is subject to judicial review under several fields of public law. These fields—criminal law, constitutional law, and administrative law—arc towards the protection of the individual. And yet, a series of judicial interpretations place deportees on the margins of that otherwise protective arc. This marginalization is principally explained by the relationships between the fields: The “webbing” of public law joins the fields of criminal law, constitutional law, and administrative law together. Reading deportation cases laterally across these fields reveals that they function as mutual referents for one another, providing assurance that some other field will offer legal cover for the deportee, and buttressing the persistent divide between immigration law and other fields of public law. After examining the webbing as an intervening register in public law theory and practice, the article explores the judicial doctrine of deportation in each field and traces the content of the webbing between them