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.

This Thesis provides an analysis of Apology Legislation in Canada, more specifically focusing on its influence on Canadian Courts & Contracts of Insurance. Apology legislation, as an amendment to the Evidence Act of a province or a stand-alone piece of legislation, was created to restrict the admissibility of acts or words of remorse or benevolence given by one person to another. Apology Legislation in Canada is said to be a positive measure on the road to making the justice system more accessible, affordable and effective. This piece will explore the framework of Apology Legislation in several common law jurisdictions, leading to an examination of the socio-economic and legal benefits it is purported to confer. This Thesis will also consider legal and policy changes that could help to alleviate the burden on the judicial system while contributing to the creation of a safer and more sustainable health care system in Canada.

Established within the context of a severe shortage of organs and tissues for transplantation, this thesis explores whether presumed consent for cadaveric organ donation is a legitimate policy choice for Ontario. The medical, legal and social reasons underlying organ scarcity and increased demand for transplantation are examined, and the shortcomings of Ontario’s current express consent system are analyzed. The various criticisms of presumed consent are also explored, including concerns with respect to its effectiveness, level of public support and implications for personal autonomy. Although the Citizens Panel on Increasing Organ Donations recommended against enacting presumed consent legislation, it is argued that the Panel was too dismissive of this concept given a perceived lack of public support. It is concluded that presumed consent can meet the concerns of critics, and that as part of a broader strategy could significantly increase the number of cadaveric organ and tissue donors in the province.

This thesis examines the development of the right of indigenous peoples to natural resources on their lands and territories in international law. It examines international treaties, the jurisprudence of international courts and other international bodies, as well as the practice of international actors. A special focus is on the UN General Assembly Declaration on the Rights of Indigenous Peoples. The thesis describes the drafting process and the discussions that took place around the issue of land rights and natural resources, and uses this to draw conclusions on the development of a new international customary law of an indigenous right to free, prior and informed consent with regard to natural resources.

In the context of transition, where the Chinese enterprises are seeking good models for the corporate governance, one Anglo-American corporate governance model, the agency model, seems to shed some light on enterprises that used to be privately-owned and have transformed into public corporations. Although the agency model might be a solution to the public corporations, it never the less fails to match the Chinese context in many respects. In light of the nature of the agency model and potential mismatches with the Chinese context, this thesis examines theoretical reasons that could account for the discrepancies between the two. It is argued that, despite the foreign nature of this model and the need for amendment, the Chinese public corporations are still be able to establish good corporate governance structure via it.