I examine five international investment cases that embrace the neoliberal vision. This economic model provides a new, contested space between the construction of hegemonic globalisations from above and the contestation of these globalisations from below. The first objective is to describe this space. Each ends the same way: the exit of an unwanted foreign investor after intense social mobilisation. The second objective is to show that counter-hegemonic victories are difficult to achieve: the regime relegates the voice of the subaltern to an inconsequential role, limits public interest state projects that may interfere with investor rights, and often includes a compensatory promise to foreign investors irrespective of the host state’s fiscal capacity. The third objective is to demonstrate the ambivalent role of the state in promoting such neoliberal projects, which necessitate that it adopt a more active role in either policing investment or policing society.

This thesis examines legislation that creates a “safe habour” for apologies by making them inadmissible as evidence of liability in a civil action. In recent years, jurisdictions across North America and Australia have enacted such “apology legislation” in an effort to encourage apologies. This is allegedly done to assist victims, who often benefit from full and sincere apologies. Legislators are also motivated, however, by the perception that apologies can induce victims to settle or forgo legal action, thereby reducing litigation rates. Whether such a correlation exists, particularly for apologies given under apology legislation, has not been firmly established, and attempting to use apologies in this manner may prove harmful to victims and the state. Apologies are powerful, and if legislators are not careful, they may enact legislation that alters apologies so that they become a source of harm to victims, the legal system, and even society as a whole.

This work considers international cooperation or harmonization in patent law and analyzes the two main international patent law governance institutions: the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). A welfarist approach is adopted, proposing that international patent law should improve global welfare, subject to assumptions that the preferences of the world population are heterogeneous, that governments try to maximize the welfare of their citizens, and that international legal organization faces collective action problems. Normatively desirable patent law harmonization reconciles strong reasons for preserving diversity (including the static and dynamic satisfaction of local preferences and adapting to unpredictable change) with strong reasons for cooperation (reducing duplication in patent prosecution, and reconciling imbalanced national externalities, incentives to innovation and costs). The last reason leads to a system of national treatment and minimum standards. The risks presented by the skewed nature of invention are addressed in the international patent system through a form of regional insurance. These reasons for cooperation present two linked but separable collective action problems, supporting the existence of two international institutions to govern patent cooperation. WIPO is best positioned to address duplication in patent prosecution. The WTO is best positioned to address imbalanced national externalities, incentives and costs. However, both the WIPO and the WTO are needed to provide a comprehensive international governance system. Questions about the WTO dispute resolution system, the TRIPs Council, and the WTO’s legitimacy are addressed by advocating a trade stakeholders’ model. Whether international patent law should be seen as a multilateral obligation or a nexus of bilateral obligations is explored. Given diverse national preferences and high uncertainty surrounding the welfare effects of specific patent policies, the process of harmonization is inevitably a political process. This political aspect directly connects the topic of patent law harmonization with the institutional analysis of WIPO and the WTO. The implementation of welfare-enhancing patent law cooperation is best guarded by a process with a wide range of political inputs and transparency. Ultimately, only good international governance can deliver on the potential of the international patent system to promote international innovation, economic growth and world-wide prosperity.

This dissertation argues that the idea of constitutional rights transformed Canadian constitutional law well before the entrenchment of the Canadian Charter of Rights and Freedoms. Specifically, it locates the origins of Canada’s twentieth-century rights revolution in the constitutional thinking of scholars, lawyers, judges, and politicians at mid-century (1930-1960). Drawing on archival documents, personal papers, government reports, parliamentary debates, case law, and legal scholarship, this work traces the constitutional thought and culture that first propelled human rights and fundamental freedoms to the forefront of the Canadian legal imagination. As a work of legal history, it also seeks to revive the dormant spirit of constitutional history that once pervaded the discipline of Canadian constitutional law. The Introduction situates the chapters that follow within the emerging Canadian historiography of rights. Chapter Two traces the origins of Frank Scott’s advocacy for constitutional rights to the newer constitutional law, an approach to constitutional scholarship sparked by the social and political upheavals of the Depression, and the influence of Roscoe Pound’s sociological jurisprudence. Chapter Three explores the varied dimensions of the Second World War’s influence on the nascent idea of Canadian constitutional rights. In particular, the rapid rise of the wartime administrative state produced a rights discourse that tended to reflect the interests of property while ignoring the civil liberties of unpopular minorities. Chapter Four examines the rise of a politics and scholarship of rights in the years immediately following the war. In response to international rights ideals and continuing domestic rights controversies, scholars and lawyers sought to produce a theory of Canadian constitutional law that could accommodate the addition of judicially-enforced individual rights. If not entirely successful, their efforts nonetheless further reoriented the fundamental tenets of Canadian constitutional law. Chapter Five reveals the influence of Canada’s emerging constitutional culture of rights on the jurisprudence of the Supreme Court of Canada, particularly Justice Ivan Rand and his conception of an implied bill of rights. Together, these chapters demonstrate the confluence of ideology, circumstance, and personality – the constitutional history – that altered the future of Canadian constitutional law.

This legal comparative study explores the nature and development of rabbinic thought on intermarriage. One could hardly phrase the query that lies at the heart of this work better than the Talmud itself: "Is she forbidden or permitted?" (bSanhedrin 82a). This challenge, posed to Moses as part of an exegetical exploration of the problem of intermarriage, asks so much more than whether an Israelite might marry a Gentile. It points to conflicts between biblical law and narrative, biblical and rabbinic law, as well as incompatibilities within rabbinic halakhah. The issues of status, national identity and gender loom large as the various legal and narrative sources on intermarriage are set on an hermeneutic collision course. In this way many rabbinic sources display a deep understanding of the complexity inherent to any discussion of intermarriage in rabbinic tradition. Considering intermarriage as a construct that lies at the intersection between identity and marital rules, we begin this study of rabbinic legal systems with an analysis of the notion of intramarriage and Jewish identity in halakhah as expressed through the system of the asarah yuchasin (ten lineages). Discussion of various systems dealing with intermarriage follows, including qiddushin (Jewish betrothal/marriage) and the status of the offspring of intermarriage, the concept of the qahal (congregation of God), the arayot (levitical incest laws) as well as the individual legal rules related to marriage and sexual relations between Jews and Gentiles. The role of narrative in the representation of case law and rabbinic engagement with these legal systems forms an integral part of our analysis of the law. The overall conclusion of the dissertation is that rabbinic approaches to intermarriage were characterized by multiplicity and diversity. Rabbinic tradition engaged with the issue of intermarriage through a wide variety of often unrelated and incompatible legal systems. Furthermore, it is apparent that conflicting attitudes towards the interpretation and implementation of these rules are represented in both tannaitic (c. 70-200 C.E.) and amoraic sources (c. 200-500 C.E.), such that several key problems related to intermarriage in early rabbinic tradition remain unresolved.

This dissertation is about the role of institutions in bridging the Digital Divide. Its thesis is that governments must encourage the consistently increased use of information and communications technology (“ICT”) if they hope to foster sustained economic growth. Superficially, the Digital Divide describes differences in ICT usage between rich and poor nations, but it is more profoundly concerned with poor nations’ integration into a global economy. Intensive academic study demonstrates that four factors are critical to the relationship between ICT usage and economic growth: institutions; telecommunications infrastructure; investment in ICT; and human capital. The dissertation addresses three perceived shortcomings in the literature. First, proponents of institutions’ importance use the term vaguely, often obscuring important distinctions between policies, laws and institutions, thereby inhibiting detailed analysis. Second, many writers see the institutional reform needed for growth as an exceedingly slow process due to factors beyond governments’ control. Third, the literature does not adequately address which institutions are salient to the relationship between ICT usage and economic growth or how to create them. The dissertation attributes more precise meanings to key terms and contests the view that institutional reform can only proceed at a glacial pace. Its primary goal, however, is to identify specific institutions that help mediate the relationship and to suggest how they might be built relatively quickly. Good institutions can create the enabling environment that allows for the building of telecommunications infrastructure, investment in ICT goods and services and the development of human capital to lead to economic growth. The analysis of institutions identifies several salient institutions and concludes that the manner in which they are designed often determines their effectiveness. Case studies of Singapore and Malaysia examine their successful, but divergent, development paths. Their different rates of development can be attributed, in part, to the quality of their institutions.

This thesis explores the role played by law in the current breakdown of the employment pension system, focusing on the legal status of pension plans within the employment relationship, and on the way lawmakers have defined, shaped and enforced employee pension rights. It traces the legal status of employment pensions from their 19th Century characterization as gifts to reward employees for long and faithful service, to their current 21st Century construction as terms of the contract of employment. The thesis argues that Canadian lawmakers within all three legal regimes structuring rights and obligations within the employment relationship – the common law, collective bargaining law and statute law – have contributed significantly to the overall dysfunction of the system by cultivating both substantive and procedural legal rules that locate critical issues concerning the scope, design, durability and distribution of employee pension rights within the control of employers. Predictably, Canadian employers have used that control to shape pension plans to meet their distinct business needs, needs that frequently collide with worker needs and expectations for good pensions. Even in the heyday of the ‘Fordist’ work structures that fostered employment pension plans, the system delivered benefits very unequally, privileging the interest of elite workers who fit the ‘male breadwinner’ mould, and failing to provide adequate and secure pensions for the majority of Canadian workers. Changes in the organization of work in Canada, including trends towards more precarious work, will continue to exacerbate the problems inherent in the system, escalating its distributional inequalities. In the current round of pension law reform, Canada’s policy makers should abandon the effort to repair a system which is flawed at its core, and should instead seek a new foundation for pensions outside the employment relationship, a foundation which will not subordinate the pension interests of workers to the business interests of employers.

The legal treatises of the Kingdom of Jerusalem were written in the thirteenth century, when most of the kingdom had been re-conquered by the Muslims. There are no treatises from the twelfth century, when the kingdom was at its height. The thirteenth-century jurists claimed that the kingdom had always had written laws, but they may have been making this up for political purposes. The treatises also discuss issues important to the noble class of which the jurists were a part: property rights and the feudal services owed to the king, as well as the proper way to plead their cases in court. But what do they say about criminal law, and laws for the lower classes? How were crimes tried and punished in the twelfth century, and did this differ from the laws recorded in the thirteenth century? Chapter one deals with the different treatises, and their claim that there was a set of laws called “Letres dou Sepulcre” in the twelfth century. The most important of the treatises for criminal law, the assizes of the burgess court, is examined in detail. Chapter two looks at the small number of laws that survive from the twelfth century, in charters, the canons of the Council of Nablus, and the chronicle of William of Tyre. Chapter three is a study of other descriptions of crusader law in the twelfth century, including those by Christian and Muslim pilgrims, and especially the observations of Usama ibn Munqidh. These accounts are tied together by the common theme of theft and the ways that thieves could be punished. Chapter four deals with cases mentioned by thirteenth-century sources, including theft, assault, and prostitution, but especially cases that led to trials by battle. The usefulness of such trials for dating some of the laws is also examined. The conclusion demonstrates that certain parts of the assizes relating to criminal law must have already existed in the twelfth century, and offers some tentative ideas about the specific origin of the laws. Avenues for future research are also introduced.

This thesis examines Doe v. Canada, a case brought before the Ontario Court of Appeals with the purpose to declare that the definition of “assisted conception” set forth by the respective regulations discriminated against lesbian women. The regulatory framework of assisted conception is embedded with heteronormativity, heterosexism and an over medicalization of reproduction. The traditional liberal conception of rights, embedded in the Court’s decision did not allowed lesbian women to have access to assisted conception free from barriers that other women, seeking insemination with semen donated by their spouse or sexual partner, do not have to endure. However, If we shift our perspective of rights from a liberal view to a relational approach, we will be able consider such decisions from a perspective that takes into account not only the physical health implications of the use of this technology, but also all other social, psychological and contextual relevant factors.

This thesis examines Doe v. Canada, a case brought before the Ontario Court of Appeals with the purpose to declare that the definition of “assisted conception” set forth by the respective regulations discriminated against lesbian women. The regulatory framework of assisted conception is embedded with heteronormativity, heterosexism and an over medicalization of reproduction. The traditional liberal conception of rights, embedded in the Court’s decision did not allowed lesbian women to have access to assisted conception free from barriers that other women, seeking insemination with semen donated by their spouse or sexual partner, do not have to endure. However, If we shift our perspective of rights from a liberal view to a relational approach, we will be able consider such decisions from a perspective that takes into account not only the physical health implications of the use of this technology, but also all other social, psychological and contextual relevant factors.