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While collective redress mechanisms continue to develop in much of Europe and in pockets around the world, the oldest class action regimes are undergoing reform. This contribution explores the state of reform in the first and second generation class action jurisdictions: the United States, Australia, Israel and Canada. Their respective class action procedures are outlined in Sect. 2. Section 3 discusses the reform initiatives of the past 3 years in each of the four countries. In Sect. 4, common areas of concern as well as areas of divergence are explored. Comparing and contrasting these reform efforts illustrates the evolution of class actions in these countries and provides useful insights for those studying and contributing to the development of newer collective redress systems.
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Noel Semple, 2021 CanLIIDocs 82
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"Evidence: Principles and Problems, now in its thirteenth edition, is a leading casebook on Canadian evidence law. This text is renowned for its clear, critical analysis of fundamental concepts and principles, insightful commentary, and thought-provoking problem scenarios. It also includes texts and excerpts from leading cases, making it a comprehensive resource for both law students and practitioners."--store.thomsonreuters.ca
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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
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Jochen von Bernstorff and Philipp Dann’s ‘The Battle for International Law: South-North Perspectives on the Decolonization Era’ (Battle for International Law) is an ambitious undertaking. The editors along with their gathered authors explore ‘the battle’ waged by the newly formed independent states, as they arrived on the international scene from prolonged periods of colonization. What […]
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This chapter examines the role of the judiciary, the Registry, and defence counsel at the International Criminal Court with a view to assessing whether defendants’ rights are adequately protected at the Court. Part I examines the critical role played by the judges of the Court as those ultimately responsible for safeguarding the fairness of all judicial proceedings. Part II considers the role of the Registry in protecting defendants’ rights. While potentially less apparent to those unfamiliar with the Court, the Registry plays an integral role in this task by, inter alia, facilitating the appointment of legal representation, managing the Court’s legal aid program, and managing the Court’s detention centre. Part III then reviews the structure and provision of defence counsel of the Court, including the guaranteed right to counsel, competency requirements for counsel, ethical obligations of defence counsel, the unique Office of the Public Counsel for Defence, and the Court’s legal aid regime. Finally, section IV assesses whether defendants’ rights are adequately protected. The Rome Statute, Rules of Procedure and Evidence, Regulations of the Court and the Registry, the Chambers Practice Manual, Code of Judicial Ethics, and Code of Professional Conduct for Counsel together define a comprehensive regime for protection of the rights of defendants at the Court. Many have lauded this as an improvement over prior courts and tribunals. Nonetheless, many critiques have been levied regarding insufficient resources for defence counsel and inadequate legal aid funding as well as institutional inequality between the defence and prosecution. Actual, robust implementation of this regime is critical for true equality of arms and full guarantee of defendants’ rights.
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