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The mass rapes of Bosnian women by Serb soldiers were a tool of war specifically used to systematically drive away women and their communities. This paper examines that phenomenon in light of representations of rape in current literature and the effort to develop a feminist understanding of rape. It considers the feminist debate over whether the mass rapes in Bosnia should be seen as a crime perpetrated against the women as female individuals or against the Bosnian community. The foundation for this examination is a discussion of three normative conceptions which affect international treatment of rape as a war crime - rape as part of the game of war, as an attack on community, and as terrorization and retaliation. The author then documents the exclusion of any conclusive mention of rape from the Hague Conventions (1907) and discusses the repercussions of its eventual definition in the later Geneva Conventions (1949). Finally, the author calls for gender-sensitive approaches to humanitarian assistance, for sensitive treatment of rape survivors, and for the injection of a female voice into humanitarian law.
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A discussion of the Supreme Court of Canada's freedom of expression decisions which move between a discourse of freedom and rationality when defining of the freedom to a causal or behavioural discourse when determining justified limits.
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The arguments raised by opponents of parallel importation can be divided into two broad categories: an economic argument relating to the detrimental effect of intra-brand competition and an intellectual property (IP) argument relating to the interpretation of the relevant IP statutes to prohibit parallel importation. As a vehicle for controlling or prohibiting parallel importation it is not at all clear that IP law was specifically intended to address the issue of parallel importation. Statutory protection of IP did not arise out of any concept of natural justice or any related theory underlying property ownership at common law but rather, out of a conscious policy decision on the part of Government. Increased IP protection has become integral to the US and Canada's perceptions of their future economic growth. The law of restitution68 or the development of misappropriation/unfair competition principles have been suggested as viable means of offering some form of protection to right-holders and distributors without broadening the IP monopoly.
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This Memorial seeks to present a framework of legal arguments with respect to the validity and and legal effects of an arms embargo emposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) in light of evdience that the arm's embargo's maintenance vis-a-vis Bosnia has contributed to the inability of the Government of Bosnia to prevent the perpetration on Bosnia's territory of acts of genocide by Bosnian Serb forces as well as combined acts of genocide and aggression by the neighboring state of Serbia and Montenegro (Serbia). [Co-authored with Craig Scott, Abid Qureshi, Paul Michell, Peter Copeland and Francis Chang]
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