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This chapter identifies the intersecting ways in which Israeli approaches to international law are structured around Cohen's three main modes of denial-factual, interpretive, and implicatory-to silence or deflect responsibility for Palestinian suffering. It argues that international law has fed into a process of denial maintenance in Israel, creating the backdrop against which Israeli leaders deny Palestinian suffering. Israel's attitude towards the use of phosphorus as a military weapon compared with its attitude towards stone throwing is striking. The military court's response appears sincere when it emphasises the great risks posed by Palestinian children and youth with stones. The chapter suggests that international law, with its emphasis on domestic implementation, self-reporting, and shaming proves largely ineffective in states of denial. Cohen observes that interpretive denial, in part because it requires familiarity with law and legal concepts and in part because it suggests concern for human rights, can prove more difficult to counter than literal or factual denial.
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Evaluating Ombuds Oversight in the Canadian Access to Information Context: A Theoretical and Empirical Inquiry - 1
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Corporate and governmental wrongdoing can affect large numbers of people. Such wrongdoing has an institutional victim as well; mass harm exerts enormous pressure on civil justice systems to provide efficient but fair procedures for redress. In this context, settlement of mass disputes is easily understood as a common good. Yet settlements involving hundreds or thousands of claims, often across jurisdictions, raise concerns about the substantive fairness of the compromise reached by lawyers, and the ability of the court system to ensure meaningful oversight. Unburdening the judicial system of mass claims comes at a price; how much rough justice are we prepared to accept? As the contributions to this book illustrate, the difficulty of balancing these competing interests is ubiquitous. Canadian class action settlement practice is no exception. In this chapter, I first explore the realities of this form of litigation, and to some extent debunk the myth that class actions inevitably result in large monetary settlements. I then turn to a brief discussion of the incentives and disincentives to settle large claims, for both plaintiffs’ lawyers and defendants. In Part III, I describe and critique the judicial framework for the approval of proposed settlements.
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Access to Information in an Age of Intelligencized Governmentality was published in Brokering Access on page 115.
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On 7 August 2008, long-standing tensions in the Caucasus region came to a head when President Mikheil Saakashvili of Georgia ordered troops into the de facto independent region of South Ossetia with a view to reestablishing Georgian sovereignty. This intervention, which included the shelling and occupation of the South Ossetian capital, Tskhinvali, was the culmination of a number of more minor military exchanges over the proceeding months. South Ossetia’s sponsor, the Russian Federation, responded swiftly to the Georgian action, with a large-scale military intervention into the state of Georgia. This use of force ultimately went beyond the boundaries of the South Ossetia region, both into the comparable breakaway region of Abkhazia and further into ‘Georgia proper’.
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The approach of both domestic Georgian authorities and international organisations to solving the displacement crisis created by the 2008 Russia–Georgia conflict charted a new path.1 It was radically different than approaches taken in the early 1990s when Georgia was faced with mass displacements following the secessionist conflicts in South Ossetia and Abkhazia. In particular, the expectation that a prompt return to homes of origin would be the preferred durable solution to the displacement was quickly abandoned for a sizeable number of internally displaced persons (IDPs) forced to leave their homes during the 2008 conflict. In its place, the two other theoretically accepted – but much less widely used – durable solutions to displacement (local integration and resettlement) have been embraced with unprecedented speed and vigour, with both funding and logistical support in place to implement such plans.
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At the turn of this century, the editors of a special issue of the journal International Organization suggested that a greater ‘move to law’ was occurring and that a trend towards the ‘legalization of world politics’ was taking place.1 While this view was contemporaneously criticised as presenting a simplistic conception of law, one which failed to adequately account for the dynamic interaction between norms and policies and between legal and political actors,2 the basic insight that international law and politics intersected seemed undeniable. The 2003 Iraq invasion shook this view. Realists (and ‘neo-cons’ who thought of themselves as realists) were quick to point out that hard power was back – if indeed it had ever gone – and that any ‘liberal moment’ that had emerged in the 1990s (evidenced by robust collective action through the Security Council and the creation of the International Criminal Court, among other things) had ended.3 Many legal scholars perceived a ‘crisis in confidence’ for international law. Some responded to this ‘crisis’ by suggesting that international law reorient itself to new threats and new realities, chipping away for example at the 1945 United Nations (UN) Charter framework that restricted the use of force to narrow exceptions.4
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Moments of protest and rebellion have always challenged systems of power and authority, but particularly since the rise of the liberal democratic state, laws and legal institutions have mediated the tensions and contradictions between individuals, social movements, and the existing order. In the Canadian context, the ongoing history of law and social protest has been shaped by the evolution of a legal framework inherited from England but continually altered by the demands of settlement and nation building, and more recently, by constitutional rights guarantees. While criminalization of dissent, particularly of street demonstrations and other forms of collective action, remains a key issue in studies of the relationship between law and protest, law has also become a tool of resistance in itself, either in conjunction with or instead of other forms of mobilization.
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