Your search
Results 55 resources
-
The deadly fighting between Armenia and Azerbaijan over the landlocked region could spiral into broader war – and Canada has a role to play in intervening
-
Beyond the immediate compromised situation into which Canada stumbled over arms sales, Canada should also have been able to play a more constructive role in the security dynamics in the region over the last decades.
-
Cities’ international relations are under a spotlight following Russia’s invasion of Ukraine
-
A historical and evidence-based perspective, however, suggests that sidewalk riding is a sideshow to bigger issues of safety for all road users.
-
This chapter provides a historical sketch of the events leading to the Georgia-Russia conflict of 2008, including South Ossetia’s de facto independence and gradual absorption by Russia. It then considers the legal status of South Ossetia under Soviet, Georgian and international law, and analyses the findings of the Independent International Fact-Finding Mission on the Conflict in Georgia. While the chapter concludes that South Ossetia’s right to self-determination does not, at this stage, include a right to secession, it argues that the emphasis now should be on restoring confidence between the parties and addressing humanitarian issues. This is a precondition for genuine negotiations over status within the international law framework on self-determination.
-
For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed, but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.
-
This article sketches the “law of wheelmen” as it developed in the late 19th century and suggests that, with the renaissance of cycling in North America, it is time to renew focus on the legal issues of cyclists. A comprehensive analysis of cycling’s legal needs across a range of issues – from legislation to enforcement and infrastructure – is in order and this article suggests an agenda for undertaking this analysis. For health, environmental and cultural issues, cycling is growing and the law and legal actors need to grapple with this means of active transit in a way that has not been done since before the automobile era.
-
English Abstract: The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar. It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levée en masse, and asking whether the concept could have relevance in the cyber context. The article treats levée en masse as a litmus test for the law’s relevance; if this IHL “relic” could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.
-
More Canadians are riding bicycles than ever before, but misinformation about cycling and the law is common. Whether you are a cycling commuter, the parent of a child with their first two-wheeler, a recreational rider, or a racer, the chances are you will need this book. In this second edition of Every Cyclist’s Guide to Canadian Law, Christopher Waters, a law … Every Cyclist’s Guide to Canadian Law Read More »
-
In February 2006, the United Nations Interim Mission in Kosovo (UNMIK) ‘nationalized’ the Kosovo ombudsperson's institution. This entailed making the ombudsperson a Kosovar and removing oversight of UNMIK from his/her jurisdiction. Based on legal and political analysis, and fresh survey results on the views of Kosovars themselves, this article considers the prospects of the ombudsperson as a human rights accountability mechanism. It also considers the implications of the nationalization experience for peace operations generally, arguing that UNMIK has established a poor precedent in isolating itself from the ombudsperson's jurisdiction and in failing to put anything comparable in its place.
Explore
Author / Editor
- Anneke Smit (5)
- Christopher Waters (53)
- Wissam Aoun (1)
Resource type
- Blog Post (1)
- Book (10)
- Book Section (7)
- Journal Article (24)
- Newspaper Article (4)
- Preprint (9)