Trade and other governmental policy decisions are frequently made based on neoclassical economic theory, which in turn is based on simplifying assumptions that result in unrealistic predictions. In this thesis, I argue that sociology is an important social science that can help to inform economic theory in policy-making. Understanding how social relations affect market actors and institutions is crucial, as markets are themselves composed of social relationships. I present an example using antidumping regulations. Economic scholars have argued that antidumping laws should be abolished based on pure economic theory. I argue that, from a sociological perspective, antidumping laws serve to provide a necessary stabilizer for markets, resulting in controlled competition and greater trade liberalization. Such laws should therefore be maintained.

This thesis examines the extent to which the judiciary can intervene into the executive branch’s power over foreign affairs. This thesis focuses on the Supreme Court of Canada’s decision in Canada (Prime Minister) v. Omar Khadr, 2010 SCC 3 where Omar Khadr requested the judiciary to order the executive branch to request his release from American custody in Guantanamo Bay, Cuba. The Supreme Court refused Khadr’s request, but issued a declaratory order stating that Khadr’s rights had been violated by the Canadian government. This thesis places this decision, and its follow-on litigation, in its international and comparative context by examining the international law of diplomatic protection as well as three cases, one from the United Kingdom, one from South Africa and one from West Germany. After examining the context, this thesis concludes that the Supreme Court’s decision, although flawed, was reasonable.

Marital rape is not a criminal offence in Kenya. This thesis argues that criminalization of marital rape in Kenya is a necessary but insufficient means of addressing marital rape. I shall analyze the Kenyan legal framework and the international framework. The analysis of the international framework shall be focused on the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). I shall undertake a comparative analysis of how South Africa and Zimbabwe have addressed marital rape. I will examine the benefits and limitations of criminal law in addressing marital rape. I will argue that an examination of the wrongful gender stereotypes of married women is essential to create effective and holistic remedies; that wrongful gender stereotypes of married women violate their rights to equality and non-discrimination and the right to be free from violence.

Islamic law, also known as Shari’ah law, is one of the most complex and multifaceted, yet easily misunderstood areas of law. It is complex because its subjects, but not limited to, human rights, politics, religion, economics, and criminal. Islamic law is also misunderstood because it is greatly understudied and grossly over-generalized. This regretfully has lead to a situation where Islamic law is often characterized as an inhumane and discriminatory set of laws which have no respect for human rights. The questions that remain to be answered are whether or not there is a human rights discourse in Islamic law, and is Islamic law compatible with the Universal Declaration of Human Rights and its two subsequent International Covenants? The aim of this paper is to ascertain whether or not Shari’ah law, as it has been reflected in the Islamic human rights documents discussed, is compatible with universal human rights standards.

This article aims to discuss China’s possible future climate change policy after the 2011 Durban Conference. Before engaging in a discussion on China’s future policy, a brief review of China’s climate change policy before the Durban Conference, as well as the logic behind the making of China’s stance will firstly be investigated. Furthermore, this article also makes inquiries into the implications of the Durban outcomes, and then discusses China’s position during the transitional period of 2012-2020. Additionally, the article analyses China’s climate change stance in future climate negotiations in a post-2020 era and the key domestic measures that China will take to cut its carbon emissions after 2020. In conclusion, the article reveals that China’s real significance for global climate action in future is not coming through an international regime, but through the global importance of its domestic measures.

The present thesis focuses on Indian experience in the traditional knowledge sector. It argues that strong patent protection has not been conducive to the indigenous people and their traditional medicinal knowledge. Moreover, this protection has supported the pharmaceutical sector by entitling it with the patents, sourced from traditional herbal medicinal knowledge on the ground of novelty and usefulness. The thesis also investigates the scenarios, where time and again it has been proved that the current patent tool does not provide free hand to indigenous people. It advocates that the production and dissemination of legal clauses promoted by the Indian patent system is not an adequate legal tool for the protection of traditional medicinal knowledge. Finally the thesis explores India’s obligation to protect and preserve traditional medicinal knowledge and proposes model guidelines for the pharmaceutical sector in order to exploit herbal medicinal knowledge.

Climate change debates have typically centred around the environmental and economic effects of rising greenhouse gas emissions. The focus, however, has recently begun to shift towards acknowledging the human impacts of global climate change, especially in vulnerable regions and communities. This thesis considers whether human rights law can compensate for the inability of traditional, state-centred, environmental law and international law to address the human impacts of climate change. By using the situation of the Canadian Inuit as a case study, this thesis focuses on 'greening' existing human rights to address the environmental damage in the Canadian Arctic as a result of climate change. This study concludes that, although international human rights regimes provide potential forums for groups such as the Canadian Inuit, substantive environmental human rights are necessary in international law in order to best address the complex intersection of environmental degradation, such as climate change, and human rights.

This paper argues that credit ratings have contributed to the current financial crisis. In United States, the previous “reputational model” as well as the current proposals aimed at reducing reliance on rating agencies, enhancing competition and increasing transparency is not sufficient to improve the integrity of rating agencies. This paper suggests that imposing stricter liability on rating agencies is necessary. The proposal to eliminate the exemption of NRSROs under Section 11 of the Securities Act is necessary but not sufficient for holding rating agencies accountable. The first amendment defense always shields rating agencies from legal liability, while the absence of a common standard make it hard to impose liability for negligent ratings. Finally, this paper suggests that the courts should not award the rating agencies First Amendment protection and consider the distinguished characteristics of rating agencies, when examining the professional liability of the agencies.

The law assigns to parents primary responsibility for their children and invests them with significant powers and discretion to discharge their duties. The considerable deference the law affords parents can appear to undermine important social and political values like equality, tolerance and social stability. The aim of this thesis is provide a rational account of why parents are invested with legal responsibility and authority over their children, and why the law limits state scrutiny of parental choice. To do so, I develop Hegel’s legal and political philosophy in order to show the family to be a necessary part of a system of institutions that constitute human freedom. As such, Hegel’s thought provides grounds to affirm the family, and broad scope of parental authority, even though the family constrains efforts to achieve equality of opportunity and can propagate intolerant and idiosyncratic values to subsequent generations.

This paper addresses the question of whether the patentability of signals is compatible with the law in Canada and attempts to develop a test for use in determining when a signal should be considered patentable subject matter. The hard-line position of the Canadian Intellectual Property Office, that signals are not patentable, is shown not to be supported in law. Canada’s domestic law is, in fact, compatible with the patentability of signals. Lessons are drawn from Europe, where signals are patentable and the United States, where they are not. Various international treaties are also examined for possible obligations concerning signals. Finally, an attempt is made to formulate a workable test for the patentability of signals that is compatible with Canadian legislation and case law.