Climate change is the greatest environmental international problem facing the world today. This paper begins with a review of the climate change regime to date showing the mistakes that were made leading to failure in Copenhagen. It looks at China’s unique position in the international community and concludes that a meaningful climate change solution is not possible without China’s participation. It examines the concepts of CBDR and fairness to determine whether it is fair for the world to demand China’s participation. It looks at characteristics which should be present in a fair climate change solution, and concludes with a brief look at international trade law to determine what alternatives would be available to a coalition of willing states to encourage China’s participation in a global solution or, in a worst case scenario, to form an effective solution without China’s willing participation.

While a significant amount of research has been produced in Canada on direct-to-consumer advertising (DTCA) of prescription drugs in general, very little work has been undertaken specifically with regard to the role of social media and emerging Internet technologies. While Health Canada has reaffirmed that existing DTCA regulations apply to new Internet and social media technologies, there are several unique features of these technologies that make the application of existing regulations an uncertain process. Further, given the difficulties Health Canada has faced in directly regulating DTCA in traditional media, there is significant skepticism around whether government regulators have the resources or political will to effectively monitor new digital media. Consequently, independent third party oversight and industry self-regulation may play an important role in regulating digital channels. Finally, regulators should not simply be limited to regulating online DTCA; social media is equally available to government for use in health promotion.

In 1997 the Labour Party introduced the White Paper Rights Brought Home: The Human Rights Bill. Bringing rights home was considered necessary to significantly influence rights conception in the UK and internationally. Rights Brought Home argued that incorporation would allow human rights to become a more prominent feature of society. The Human Rights Act 1998 (HRA) was brought into force with optimism and expectations. However, the war of terror has significantly impacted the way in which rights have been understood and appreciated. National security issues have clashed with Convention rights. There is mounting concern that British judges must blindly follow the rulings established by the European Court of Human Rights. There have been problems of public disengagement and hostility. The HRA is characterized by a story of failure. Understanding the relationship between the war on terror and the HRA is central to human rights development.

Law and health policy converge with pediatric patient safety incident (PPSI) disclosure. Disclosure is vital for patient safety efforts, while respecting the decision-making autonomy of pediatric patients involves balancing parental and legal obligations with the developing independence of children. This study examined legislation potentially relevant to PPSI disclosure, along with disclosure policies from organizations providing pediatric care. Health professionals have limited legislative guidance for disclosing PPSIs and developing institutional policies. Relevant legislation is complex and varies between jurisdictions. Three jurisdictions legislatively require disclosure, including PPSI disclosure to substitute decision makers. In jurisdictions without disclosure legislation, guidance may be obtained from other legislation, including consent and capacity, substitute decision making, and child welfare. Organizations in jurisdictions with disclosure legislation may be more likely to have policies. Such policies vary between organizations. Within the policies reviewed, PPSI disclosure is based on capacity, made to a substitute decision maker, or not addressed.

Though there is significant academic interest in the law of religious freedom in Canada, there has been little research into the experiences of participants in religious freedom litigation. Based on a qualitative analysis of participant interviews and legal documents in three decisions of the Supreme Court of Canada, this dissertation explores the social processes at play in that litigation. At issue in the three cases were, respectively, (1) the right of Jewish condominium co-owners to install ritual huts (succoth) on their balconies; (2) the right of a Sikh student to wear a ceremonial dagger (kirpan) in a public high school; and (3) the right of a Hutterite group to be exempted from the photo requirement on driver’s licences for religious reasons. This dissertation adds to the existing academic commentary by looking beyond the judicial decisions and incorporating firsthand accounts of lawyers, litigants, and expert witnesses in these cases. The substantive analysis is divided in three sections. First, the dissertation examines themes of overlapping legal systems in participant narratives. Litigants understood themselves to be subjects of both state and religious laws, and the particular interactions between these legal systems help refine theories of legal pluralism. Second, the work analyzes religious freedom litigation as cross-cultural communication. Specifically, the dissertation employs the normative criteria of respect and self-awareness found in the literature on cross-cultural communication to approach participant narratives and judicial decisions, finding both successes and failures in this regard. Third, the dissertation engages issues of belonging to the Canadian civic community inherent in participant narratives. All litigants told the stories of their litigation as part of their larger immigration and integration narratives, and successful litigants were quick to give positive accounts in this regard. The unsuccessful litigants told more complex stories of integration, complicating the analysis of the impact of a judicial decision on their narratives of civic belonging. Nevertheless, the dissertation argues that the notion of civic belonging ought to be explicitly taken into account by Canadian judgments when dealing with issues of religious freedom.

This thesis identifies and analyzes the legal barriers faced by ethno-racial psychiatric consumer/survivors in Ontario, through an analysis of the Consent and Capacity Board (CCB). I employ interdisciplinary research to test the hypothesis that factors such as race, ethnicity, culture, poverty and social exclusion are not fully addressed by the CCB. To critique the CCB, I developed a theoretical framework using the grounded theory approach, in combination with tenets of disability theory, critical race theory and intersectionality. I used the theoretical framework to analyze qualitative research involving twenty interviews of stakeholders including lawyers, psychiatrists, CCB adjudicators, mental health service providers and ethno-racial psychiatric consumer/survivors. The analysis revealed the procedural, systemic/structural and discretionary barriers within the CCB’s pre-hearing, hearing and post-hearing process. Barriers were the result of cultural misunderstandings, misdiagnosis, complex familial relationships, culturally inappropriate care, institutional racism, poverty, discrimination and the CCB’s “color blind approach.” I conclude with prioritized recommendations.

This dissertation analyzes the effects of the ILO’s 1998 Declaration on Fundamental Principles and Rights at Work, taking as a case study ILO’s promotion of freedom of association in Brazil. It suggests that the 1998 Declaration’s promotional approach offers mechanisms that have the capacity to change a country's behaviour. In the case of Brazil, this change would involve reform of a corporativist trade union law that violates the principle of freedom of association. The peculiarities of compliance with the freedom-of-association principle represent a significant challenge to the ILO, especially when a country lacks the political will to comply with the principle. This dissertation shows that the 1998 Declaration provides mechanisms − information, qualification of the bureaucracy and support of independent actors − that can be used in these situations even outside the scope of a cooperation program to reform the law and modify public policy.

Climate change is the greatest environmental international problem facing the world today. This paper begins with a review of the climate change regime to date showing the mistakes that were made leading to failure in Copenhagen. It looks at China’s unique position in the international community and concludes that a meaningful climate change solution is not possible without China’s participation. It examines the concepts of CBDR and fairness to determine whether it is fair for the world to demand China’s participation. It looks at characteristics which should be present in a fair climate change solution, and concludes with a brief look at international trade law to determine what alternatives would be available to a coalition of willing states to encourage China’s participation in a global solution or, in a worst case scenario, to form an effective solution without China’s willing participation.

In the world we live in transfer of technology is of a great importance. The primary ‎means of technology transfer is by imitating and making copies. However, there are ‎cases where copying is impossible or prohibited. In those cases, technology transfer ‎involves contracting. Those agreements may contain both transfer of codified and tacit ‎knowledge. Technology transfer agreements, containing tacit knowledge, have special ‎characteristics due to the presence of the know-how, and to the need to transfer it. ‎ In this paper, I explore the special measures of technology transfer agreements ‎containing tacit knowledge. I explain why general contract law does not address ‎properly those challenges. I elaborate on the current solutions to these problems, ‎adopted both by the parties and by legislatures, as well as their difficulties. Eventually, I ‎propose possible solutions, either to the legislature or to the judiciary, in order to ‎address those issues in a better way.‎

While a significant amount of research has been produced in Canada on direct-to-consumer advertising (DTCA) of prescription drugs in general, very little work has been undertaken specifically with regard to the role of social media and emerging Internet technologies. While Health Canada has reaffirmed that existing DTCA regulations apply to new Internet and social media technologies, there are several unique features of these technologies that make the application of existing regulations an uncertain process. Further, given the difficulties Health Canada has faced in directly regulating DTCA in traditional media, there is significant skepticism around whether government regulators have the resources or political will to effectively monitor new digital media. Consequently, independent third party oversight and industry self-regulation may play an important role in regulating digital channels. Finally, regulators should not simply be limited to regulating online DTCA; social media is equally available to government for use in health promotion.