McGill Law Journal articles from January 2007

McGill Law Journal archives from January 2007

Method and fit: two problems for contemporary philosophies of tort law.
January 1, 2007... This essay examines two contemporary philosophical accounts of tort law and seeks to show that they face two closely related problems: that of method and of fit. The first problem holds that the method philosophical accounts of tort law...

L'autonomie personnelle au coeur des droits ancestraux: sub qua lege vivis?(Canada)
January 1, 2007... In this article, the author examines how the Supreme Court's acknowledgment and definition of Aboriginal rights has altered conventional approaches to public authority, which view territory as a necessary and sufficient precondition for power....

Enhancing the procedural legitimacy of investor-state arbitration through transparency and amicus curiae participation.
January 1, 2007... Investor-state arbitration under NAFTA and the other investment treaties to which Canada is a party has been controversial. There are concerns that investor-state arbitration allows investors to challenge laws of general application intended to...

You still know nothin' 'bout me: toward cross-cultural theorizing of Aboriginal rights.(Canada)
January 1, 2007... Moral and political theorists like Will Kymlicka have attempted to frame moral justifications for Aboriginal rights in ways that fit with the principles of liberalism. By contrast, the Supreme Court of Canada has repeatedly invited...

Explaining the principled exception to privity of contract.(Canada)
January 1, 2007... The author contends that the Supreme Court of Canada was right in creating the "principled exception" to privity of contract in its decisions in London Drugs and Fraser River but not for the reasons given in those decisions. Neither the...