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This book evaluates the strength of the rule of law in the South Caucasus, a volatile and strategically important region of the former Soviet Union. Contributors - all of whom who have lived and worked in Armenia, Azerbaijan or Georgia - tackle this question from the perspectives of both law and politics. A wide range of specific issues are addressed, including corruption in the justice system, forced migration, telecommunications and environmental protection.
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The experience of many university students studying public international law is, ""This is fascinating, but what can I do with it?"" While this book in no way detracts from the more intangible reasons to study international law, it is practically focused and explores the options available to law graduates beyond traditional or domestic law career paths. The range of possible careers is vast - from human rights to investment law and from the courtroom or boardroom to the refugee camp - and the book offers a step-by-step approach to considering whether and how to pursue a career in one of these
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This article explores whether the International Committee of the Red Cross (ICRC) enjoys testimonial privilege before Canadian courts. The authors argue that there is strong evidence to suggest that customary international law requires that the ICRC be granted a privilege not to testify or disclose confidential information in domestic court proceedings. Such a privilege, they argue, is entailed by the ICRC’s mandate to engage in international humanitarian law protection activities using confidential means. Given that customary international law forms part of the common law in Canada, the authors argue that this privilege should be recognized by Canadian courts despite its potentially uneasy fit with traditional Canadian evidence law.
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While the law of the sea is rightly viewed as the most suitable international legal regime for the settlement of disputes in the Arctic, the militarisation of this region in an era of climate change is also observable. Yet curiously, scant attention has been paid to the constraints International Humanitarian Law (IHL) would impose on armed conflict in the Arctic, as unlikely as such conflict may be. These include the specific prohibition on causing widespread, long-term and severe environmental damage under Additional Protocol I to the Geneva Conventions; as well as the related obligation to have “due regard” for the natural environment, as referred to in, for example, the San Remo Manual on Naval Warfare. Similarly, environmental factors must play into military assessments of targets based on the general principles of IHL related to targeting. The authors explore how these various legal obligations could be applied in the Arctic context. Referring to the scientific literature, they suggest that, due to the particularly vulnerable nature of this regional environment, many traditional war-fighting techniques would lead to damage that is not legally permissible. This conclusion should provide an additional incentive to policy makers to demilitarize the Arctic and to solve peacefully any disputes which may arise over sovereignty, navigation or resources.
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This paper explores Canadian law societies’ involvement in human rights protection and promotion abroad. The authors identify strategies for provincial law societies to contribute overseas, and point out the challenges with adopting such an international focus.
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This paper addresses the history of the legality of the aerial bombardment of civilians, from the earliest attempts at legalization, through the inter-war period and into the actual bombing campaigns of the Second World War. We then chart the paucity of discussion of the legality of said bombing both during the war and throughout the Cold War, and finish with the occasional interruptions to the legal silence since 1992 in Canada and elsewhere.
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In popular culture and imagination, World War I was a bloody, muddy, senseless, almost accidental conflict. International law seems far removed from the causes of the war or the way hostilities were conducted. This seeming irrelevance of international law in popular imagination is rejected in intellectual, literary, and scholarly accounts. However, during the centenary of the war, it is time to rethink the role law played in this first large-scale conflict of the twentieth century. Drawing on recent legal historiography as well as original research, this article will argue, through a look at the conduct of naval warfare, that law was central to how Allied, Central, and neutral states navigated the conflict. Specifically, we examine the role law played in the practices of the warring parties in navigating the interdiction of – and attacks on – the civilian shipping of belligerents and neutrals.
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