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Law serves as the site through which Canada expresses its commitment to the global war effort, showing its willingness to suspend the rights of citizens and non-citizens alike in the name of national and international security. After the bombing of Pearl Harbor, for example, Canada legislated for the internment of individuals with Japanese ancestry, confiscated their property, stripped them of citizenship and deported them to Japan, even if they did not have concrete ties to that country. Canadian history has demonstrated that one cannot understand the demarcation between those who are imagined to belong to the community and those who are constructed as ‘foreigners’ simply on the basis of citizenship. Rather, the demarcation has also historically been constructed along racial lines. In times of war, the law speaks loudly and clearly against those who are regarded as undesirable, untrustworthy and foreign.
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European colonizers, who believed they had discovered the New World were unaware of the political, social, geographical and historical relationships of O:gweho:we who were already living in North America. One of the O:gweho:we nations that existed as a powerful force in North America was the Hodinohso:ni Confederacy, which already had its own governing customary laws provided to them by the Peacemaker. This thesis is intended to explain the traditional customary laws of the Hodinohso:ni in order to provide an analysis and comparison of Hodinohso:ni law with Eurocentric international law.
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The Charter at 25: The Complaint of Judicial Activism.
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The establishment of the Housing and Property Directorate (HPD) and Claims Commission (HPCC) in Kosovo has reflected an increasing focus internationally on the post-conflict restitution of housing and property rights. In approximately three years of full-scale operation, the institutions have managed to make a property rights determination on almost all of the approximate 30,000 contested residential properties. As such, HPD and HPCC are being looked to by many in other post-conflict areas as an example of how to proceed. While the efficiency of the organizations is commendable, one of the key original goals – the return of displaced persons to their homes of origin – has to a large degree been left aside. The paper focuses on two distinct failures of the international community with respect to the functioning of HPD/HPCC and its possible effect on returns: a failure of coordination between HPD/HPCC and other organizations working on returns, and the isolation of residential property rights determinations from other aspects of building a property rights-respecting culture in Kosovo.
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