McGill Law Journal articles from November 1 2000

McGill Law Journal archives from November 1 2000

Remarks in tribute to John Brierley.(McGill Law School)(Testimonial)
November 1, 2000... John Brierly joined the McGill Law Faculty in 1964, on his return from doctoral studies in Paris. He was, of course, a McGill Law alumnus (Bachelor of Civil Law, 1959), and had indeed been a Teaching Fellow in the faculty in the Academic year...

Hommage a John Brierley.(McGill Law School)(Testimonial)
November 1, 2000... Notre collegue Stephen Scott a deja dit tout ce que ses collegues, sa faculte et son universite d'attache devaient a celui a qui, en votre nom a tous, Stephen Scott et moimeme rendons hommage aujourd'hui. Cela devait etre souligne, tant nous...

Bibliography.(J.E.C. Brierley, McGill Law School)(Bibliography)
November 1, 2000... Books J,E.C. Brierley & R.A. Macdonald, eds., Quebec Civil Law: An Introduction to Quebec Private Law (Toronto: Emond Montgomery Publications Ltd., 1993). --et al, eds., Private Law Dictionary and Bilingual Lexicons, 1st ed....

Convergences et divergences entre federalisme et protection des droits et libertes : l'exemple des Etats-Unis et du Canada.
November 1, 2000... L'article examine les liens qui existent entre la protection des droits et libertts et le federalisme au Canada et aux Etats-Unis. D'une part, le federalisme tend, de facon generale, a favoriser la protection des droits et libertes. Il divise...

More censorship or less discrimination? Sexual orientation hate propaganda in multiple perspectives.
November 1, 2000... If hate propaganda pits anti-censorship advocates against anti-discrimination advocates, sexual minorities occupy an ambiguous position in this debate. Because they often find themselves fighting against censorship--and have, at least in the...

Boundaries of Judicial Review: The Law of Justiciability in Canada.(Book Review)
November 1, 2000... Scarborough: Carswell, 1999. Pp. xxxii, 246. This book canvasses the still-elusive idea of justiciability in Canada. It also advocates the establishment of more predictable and practical rules, together with just norms, to guide judges. The...

David D. Friedman, Law's Order: What Economics Has to Do with Law and Why It Matters.(Book Review)
November 1, 2000... Princeton: Princeton University Press, 2000. Pp. 329. In this easy-to-read book, Friedman presents a dynamic and entertaining discussion on the relationship between law and economics. He engages complex legal and economic ideas in simple...

The Law School: Global Issues, Local Questions.(Book Review)
November 1, 2000... Aidershot, U.K.: Ashgate, 1999. Pp. vii, 260. This book arises from work done by the International Sociology Association's Research Committee on the Sociology of Law. Its purpose is to increase awareness of contemporary issues relating to...

Our Lives Before the Law: Constructing a Feminist Jurisprudence.(Book Review)
November 1, 2000... Princeton: Princeton University Press, 1999. Pp. xvii, 276. At the beginning of this book Judith Baer proclaims, "This book was born out of anger and hope." This seems hot quite accurate. Her book is a food critique of modern American...

Focusing on the Future: Seeking Legal and Policy Solutions in Education.(Book Review)
November 1, 2000... Georgetown, Ont.: Canadian Association for the Practical Study of Law in Education, 2000. Pp. xxii, 497. The title of this book comes from the tenth annual conference of the Canadian Association for the Practical Study of Law and Education...

William R. McIntyre: Paladin of Common Law.(Book Review)
November 1, 2000... Montreal: McGill-Queen's University Press, 2000. Pp. x, 248. This is the first biography of a justice of the Supreme Court to be published since the introduction of the Canadian Charter of Rights and Freedoms, making it a valuable...

Lear et le droit civil.
November 1, 2000... Le juriste peut difficilement s'empecher de voir un acte juridique dominant le de-roulement du premier acte de King Lear. Las de gouverner et fatigue par l'age, Lear decide de confier le royaume a ses filles : > (1). Il cherche a le faire tout...

Reflections on the development of the law of war.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... The speaker evaluates the current status of international humanitarian law. The law is still predominantly reactive, occurring in the aftermath of calamitous events, rather than proactive. The speaker also notes some of the difficulties with...

Response on receiving an award.(McGill/InterAmicus Robert S. Litvack Human Rights Memorial Award)(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... Thank you very much, Irwin. After this wonderful address by Judge Goldstone, there isn't very much left to say, but let me explain how I got here. I received a call from Israel where Irwin Cotler was at that rime. I was down in Florida. I...

The U.S. perspective on the International Criminal Court.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... The speaker begins with the Clinton administration's decision that it will not sign the present text of the Statute of the International Criminal Court. Yet he believes that the problems with the treaty are solvable ones. The United States...

The International Criminal Court and the human rights revolution.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... The speaker gives the NGO and civil society perspective on the International Criminal Court. While a strong, effective court is essential, the International Coalition of NGOs present during the negotiations at Rome maintained that a weak court...

The International Criminal Court.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... The speaker reviews the major provisions of the Statute of the International Criminal Court. He recognizes the limitations of the statute. Given the concerns raised by a number of states, the goals of a strong statute and strong support from...

Augusto Pinochet and international law.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)
November 1, 2000... This article explores the interplay between historicized law and normative standards of human rights law by considering how the House of Lords dealt with the question of General Pinochet's immunity. By selecting a normative account of state...

Gender crimes as war crimes: integrating crimes against women into international criminal law.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)
November 1, 2000... The author identifies the major goals and achievements in file area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations ("NGO's"). Until file...

The Universal Declaration of Human Rights: fifty years later.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)
November 1, 2000... The speaker evaluates the effectiveness of the Universal Declaration of Human Rights fifty years after its inception. On the positive side, he notes the pervasiveness of the right to democracy at the end of the twentieth century. He also...

The international tribunals for serious violations of international humanitarian law in the former Yugoslavia and Rwanda.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... The speaker underlines how the ideal of international criminal law enforcement is solidly established for the grossest violations of human rights. There are two aspects of the current difficulties in Kosovo: (1) non-compliance by states, and...

Does international law impose a duty upon the United Nations to prevent genocide?(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)
November 1, 2000... The speaker begins from the premise that international law must prevent human rights abuses, and not just punish them after the fact. With this in mind, he considers the jurisdiction of the United Nations to address cases of human rights...

Rwanda: Chronique d'un genocide previsible.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... L'auteur, s'interrogeant sur les causes du genocide rwandais, met l'accent sur la conjonction d'actions nationales et d'omissions internationales qui ont permis au drame de se produire. D'une part, a la fois l'histoire du Rwanda depuis la fin...

Are good intentions enough? The limits of the new world of international justice.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... Drawing on his background as a journalist in such troubled areas as Bosnia and Rwanda, the speaker begins with a strong statement--only the use of force, or the credible threat of force, will deter genocides. In contrast, legal arrangements, no...

Hate speech in Rwanda: the road to genocide.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ? )
November 1, 2000... The author outlines the steps leading to the Rwandan genocide, tracing the importance of hate speech, disseminated in print and by radio, in preparing Rwanda's "willing executioners". Action ought to have been taken much sooner than it was to...

From Sisyphus's dilemma to Sisyphus's duty? A meditation on the regulation of hate propaganda in relation to hate crimes and genocide.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)
November 1, 2000... The author examines central legal and philosophical issues pertaining to die regulation of hate speech. In particular, he evaluates file competing perspectives of the "causationist" approach, which requires a direct causal link between die...

The instructive power of outrage: remembering Nuremberg.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... The speaker acknowledges the deep significance that Nuremberg holds for her as a Jew and as the child of Holocaust survivors. By relating some of her personal story, she powerfully conveys the despair of those for whom the justice of Nuremberg...

Introduction.(Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ?)(Transcript)
November 1, 2000... It is indeed an honour to be present this evening at the opening session of this important conference. The number of brilliant minds from all over the world assembled here for these two days is a promise of an exciting dialogue. The exchange of...