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Semi-colonialism is a perplexing concept in international legal scholarship that has more often than not been conflated with colonialism proper. To remedy this analytic confusion, I propose a shift from a focus on the ideological aspects of the imperialism of international law to the semi colonial practices of informal domination on the ground. To do this, I revisit the understudied concept of the ‘protectorate’ in international law, and analyze its geopolitical uses. The geopolitical dimensions of protection illustrate the importance of geopolitics in the history of international law. After examining the connections between geopolitics and international law, the second part of the article looks into the origins of the strategic region of the ‘Middle East,’ focusing on the history of the protected states of the Trucial treaty system in the Persian Gulf. Finally, I turn to the ‘Question of Oman’ at the United Nations (1957-1965) to illustrate how the practices of informal domination operated through semi-colonial techniques of veiling imperial domination, the legal obfuscation of power relations, the legitimization of unilateral treaty breaking and geopolitical maneuvering with international legal arguments.

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

A vast literature has considered the proactive use of law as a tool by progressive social movements, but far less attention has been paid to the way activists respond to involuntary engagement with law as a result of repression and criminalization. This dissertation explores the legal support infrastructure of grassroots protest movements in Canada and the US by tracing the evolution of contemporary activist legal support through two periods. The tactic of jail solidarity and an emerging legal collective model are highlighted as the key features of the global justice organizing era (1999-2005) while in the second age of austerity era (2008-2018), I discuss evolving approaches to law collective work in various protest movements and highlight a renewed focus on anti-repression as a framing praxis of both organizing and legal support. Grounded in my own activist legal support work over more than two decades, this research rests on data arising from detailed interviews and analysis of more than 125 archival documents. I develop two areas of inquiry. First, I trace critiques of movement lawyering in the legal literature to demonstrate that those critiques are often shared by legal support organizers. Divergent opinions on the appropriate role of lawyers and norms of professional ethics in law collective practice reflect long-standing contradictions in progressive lawyering practice. Accordingly, I argue that the legal work of non-lawyer activists ought to be understood as a complementary if also sometimes disruptive model of movement lawyering. Second, I demonstrate that an analysis of radical legal support speaks to the post-arrest experiences of protesters and the impact of such repression on mobilization phenomena largely absent from the literature on state repression of social movements. I consider this dynamic through the lens of legal mobilization, arguing that the pedagogical work of law collectives, understood as a site of social movement knowledge production, plays a significant role in mediating the complex relationship between repression and mobilization. I conclude by exploring the legal consciousness of activist legal support organizers and argue that the education and organizing praxes of law collectives are evidence of a form of prefigurative, counter-hegemonic legality.

We live in a moment of renewed and highly visible action on the issue of sexual violence. Rape culture is a real and salient force that dominates campus climates and student experiences. Canada has drafted a national framework, provincial legislation, and institutional policy to address incidences of sexual violence, and students have demanded that their universities respond. Yet rape culture persists on campuses throughout North America. Violence Interrupted presents different ways of thinking about sexual violence. It draws together multiple disciplinary perspectives to synthesize new conceptual directions on the nature of the problem and the changes that are required to address it. Analyzing survey data, educational programs, participatory photography projects, interviews, autoethnography, legal case studies, and existing policy, contributors open up the conversation to illustrate sexual violence on campus as a structural, cultural, and complex social phenomenon. The diversity of methodologies sets this study apart: a problem as complex and far-reaching as rape culture must be approached from a multitude of angles. Decades have passed since student advocates first called for "no means no" campaigns, but universities are still struggling to evolve. Violence Interrupted answers the call by bridging the gap between advocacy, research, and institutional change.

Critical race theory (CRT) is a helpful theoretical lens to understand the origins and practices of five ethno-racial legal clinics in the province of Ontario. Both the development of a distinctly Canadian CRT scholarship and the day-to-day work of ethno-racial legal clinics would be mutually enriched by a much closer and robust union between scholarship and praxis. In particular, the praxis of Ontarian ethno-racial legal clinics is put into conversation with Amna A. Akbar’s vision in “Toward a Radical Imagination of the Law,” which outlines a profoundly transformative standard of CRT that broadens the analysis of racial power to look at how the law, capitalism, and the state may operate in tandem to produce intersectional inequality. Based on the theoretical tenets of CRT, this article traces the development of ethno-racial legal clinics and their unique praxis and, using the insight of “looking to the bottom” as an epistemological approach to law, demonstrates that ethno-racial community legal clinics provide a useful vehicle to understand structural racism. CRT can therefore offer a robust theoretical framework to support the cause of advancing racial justice through legal practice. Ethno-racial legal clinics embrace a democratic approach to the law that has the potential to transform traditional forms of legal representation by engaging in systemic advocacy and community outreach and aligning advocacy efforts with social movements to help build community power and facilitate broader social change. However, they also face institutional pressures that pull their practice of the law back towards traditional models—pressures that they must delicately navigate in their day-to-day work.

Intellectual property (IP) generation and protection have become essential components of entrepreneurial management. The nimble project case study examines students and professors from business, law, and engineering, faculties and a client who participated in a unique management training collaboration. Our qualitative research explores how multi-disciplinary teams working together from the inception of a business idea provide robust capacity for knowledge transfer and the development of IP literacy. Such collaboration develops resilience in both IP strategic skills development and the ability to respond to adversity. We identify four management learning outcomes related to the Nimble experience: 1) communication and knowledge exchange, 2) importance of IP literacy, 3) resilience, and 4) recognition of the professional differences between disciplines. We build new knowledge and context regarding the development of resilience and skills and the development of IP literacy through learning by doing."

The passage of laws in Alberta and Saskatchewan granting police greater powers and weapons are seen as a direct attempt to stifle protests by Indigenous Peoples.

The National Indigenous Justice Summit was held online on 7 – 8 July, 2020. Indigenous thinkers, community leaders and grassroots activists convened to call for justice reform in Canada. In this panel, Professor Beverly Jacobs (Mohawk Nation of the Haudenosaunee (Iroquois) Confederacy, former President of the Native Women’s Association of Canada) provided a keynote address on Community-Based Calls for Action and Community Safety. This panel also includes Professor Niigaanwewidam Sinclair (Implementing the TRC Calls to Action and Indigenous Law), Michelle Audette (Reflections on the National Inquiry into Murdered and Missing Indigenous Women) and Paula Marshall (The Experiences of the Mi’kmaw Legal Support Network and over-representation of Mi’kmaq people in the criminal legal system in Nova Scotia). This panel was chaired by Drew Lafond and Kekinusuqs Dr Judith Sayers.

’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

The paper sheds light on India's ruling Bharatiya Janata Party’s (BJP) insidious use of legitimate state power through administrative regulation, constitutionalism, citizenship determination, adoption of international law and neoliberal economic policies, to further its ‘Hindutva’ ideology. This reflection focuses on two aspects. First, we show how, by implementing the National Registry of Citizens (NRC) along with other national documentation regimes, the government is using facially neutral administrative regulations to construct the ‘documented’ Indian citizen. This ‘citizen’ is made to fit with Hindutva ideals by disenfranchising Muslims and threatening the de facto and de jure citizenship of nondominant caste Hindus and other groups that challenge the ideology. While these state actions may seem distinct, they resemble traditional colonial practices that the BJP is skilfully adopting to advance its discriminatory political ends. Second, we show that, with the CAA, the BJP is perversely using the humanitarian principles of refugee law to construct neighbouring Muslim states as savage, and whose victims have to be protected by the Hindutva state. Thus, India is replicating the practices of liberal, democratic states of the Global North that continue to use logics of coloniality, exceptionalism and racism to maintain systemic inequities and embed oppressions.

Vasanthi Venkatesh and Fahad Ahmad reflect on the BJP’s insidious use of legitimate state power through administrative regulation, constitutionalism, citizenship determination, adoption of internat…

The decision to charge an incel youth with terrorism reinforces worrying trends in counterterrorism.

June 3 marked the one-year anniversary of the report on the National Inquiry into Missing and Murdered Indigenous Women and Girls, with its call for a National Action Plan (NAP) to end violence against Indigenous women. This is not new: In 1993, the Canadian Panel on Violence Against Women made a similar...

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 two 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.

In her book Copyright and Collective Authorship — Locating the Authors of Collaborative Work, Dr. Daniela Simone identifies root causes of the deficiencies in the law’s treatment of (joint) authorship, and provides an admirable roadmap and analytical framework to orient the judiciary and all others concerned about ascertaining who should be the authors of collective works. Simone’s analytical framework and prescriptions rely on four case studies that involve large amounts of collaboration: Wikipedia, Australian indigenous art, scientific collaborations and film. Throughout the book, I was struck by Simone’s commitment to integrity, ethics and fairness in her treatment of contributors of creative processes, pointing to power imbalances, misguided practicality and efficiency rationales, and how those factors may have the law turn its back away from otherwise deserving authorial contributions.

"10 Simone's approach is reminiscent of Jessica Silbey's work11 - having conducted an empirical study of various participants12 in creative and innovative industries, to situate creators' motivations in relation to the utilitarian objective of intellectual property to incentivize creation and innovation.13 Silbey, and to some extent Simone, apply the insights derived from their studies of creative communities to challenge the extent to which copyright (intellectual property) is necessary to incent authors to create.14 Silbey concludes that misalignments between intellectual property laws and the needs and aspirations of creators and innovators are desirable to some extent, but she also calls for some improvements of the law.15 Simone applies the insights derived from the case studies to rehabilitate the concept of (joint) authorship through an inclusive and contextual approach, sorting out what (often overlooked) contributions should count within the objectives of copyright law. The book focuses mainly on U.K. copyright law and how it addresses concepts of (joint) authorship, with an incursion in Australian law regarding its treatment of Australian indigenous art.16 As such, the analysis the book provides is relevant to Canadian copyright law, under which the basic conception of (joint) authorship bears similarity to U.K. copyright law.17 As recommendations are made in the context of Canada's ongoing copyright law reform to look into the adequate protection of indigenous traditional cultural expressions,18 the book is particularly relevant for its detailed discussion on the interaction between copyright law and indigenous traditional cultural expressions.19 On the law's exigencies surrounding authorship, despite uncertain contours, Simone identifies a "stable core" pointing to "the creator of the protected expression,"20 and argues that authorship requires more than de minimis contribution of creative choices or intellectual input to the protected expression.21 Taking a close look at the requirements of joint authorship,22 namely that contributors (i) act in pursuance of some collaboration or common design (ii) make a contribution that is not distinct, that is significant and that is of the right kind, Simone makes three important observations that highlight the strengths and deficiencies of the legal conception of joint authorship when applied to large groups of collaborators.23 First, the test is heavily fact-driven, which, in itself, is a strength that allows flexibility in the test's application to different creative processes and contexts.24 Second, Simone notices a restrictive approach in the application of the joint authorship test that limits the number of individuals qualifying as authors to one or a few dominant creators.25 Simone suggests that this restrictive trend to joint authorship leans toward imposing a higher standard of authorship for joint works than for single-author works. [...]higher standard for joint authorship is not justified by the CDPA.26 Simone attributes this tendency to a pragmatic instrumental approach adopted by courts where it is deemed more desirable to limit the number of authors in collaborative works.27 This pragmatic instrumental approach is disjointed from the core meaning of authorship in copyright law, i.e., contribution(s) of creative choices to the protected expression.28 Third, Simone notes a preoccupation of the judiciary to maintain aesthetic neutrality in its assessment of joint authorship.29 While some judicial restraint on the assessment of aesthetic merit is understandable given that copyright protection of a work does not depend on this criterion, it is difficult to ascertain (joint) authorship without some resort to aesthetic criteria, e.g, to determine what makes something literary, artistic, dramatic, etc? [...]Simone prescribes the adoption of a contextual approach to the joint authorship test by accounting for the social norms governing authorial groups to assess questions of facts in the test.39 This said, not all social norms are relevant to this exercise and resort thereto should be restricted to social norms based on their certainty, representativeness and policy implications.40 Resort to social norms is particularly important for the requirement of collaboration or common design, which should rely on the shared assumptions of the creators.41 Particularly relevant to Canada where case law diverges on the requirement of intention to be joint authors,42 Simone notes that while