Global ETD Search

541	Exploring Perceptions of Cultural Difference in IRB Family Sponsorship Decisions Bahk, Sarom 01 December 2011 (has links) This thesis analyzes the Canadian Immigration and Refugee Board (IRB)’s treatment of culture in recent family sponsorship decisions. Drawing upon theories of cultural difference, identity construction, and Critical Race Theory, it examines IRB decision-makers’ assessments of cultural factors and their influence on the evaluation of parties’ credibility. This thesis argues that appellants and applicants before the Immigration Appeal Division often had to demonstrate that their family class relationships were “performed” in accordance with the norms of their culture. Many IRB Members relied on essentialist conceptions of culture, and thus generated problematic images of both cultural minorities and Canadian society. Further, the identity of parties was often constructed in terms of defined categories such as ethnic background, religion, marital status, age, and disability. In conclusion, this thesis offers reflections on how issues of cultural identity can be more fairly and sensitively addressed by administrative tribunals such as the IRB. law immigration Canada Immigration and Refugee Board (IRB) cultural difference Critical Race Theory family sponsorship identity construction Immigration Appeal Division 0398 0631
542	The Attorney General’s Obligation to Report Breaches of Rights in Proposed Legislation: How the Canadian and New Zealand Reporting Cultures Differ Rendell, Julia 19 December 2011 (has links) This paper examines the Attorney General’s obligation, in Canada and New Zealand, to report on inconsistencies in proposed legislation with the Canadian Charter of Rights and Freedoms and the New Zealand Bill of Rights Act 1990. Although the obligations are similar, the Canadian and New Zealand Attorneys General have developed very different reporting cultures. The Canadian Attorney General has never issued a report; the New Zealand Attorney General has issued many. This paper’s thesis is that the different reporting cultures are attributable to the different constitutional structure in each jurisdiction and different understandings of the independence of the Attorney General. Under this analysis, the usefulness of comparative analysis between the two jurisdictions is limited: constitutional differences cannot be ignored. The paper evaluates proposed changes to the reporting obligation in each jurisdiction in light of this analysis. Canadian Charter of Rights and Freedoms New Zealand Bill of Rights Act 1990 Attorney General Human Rights Legislation Parliament Constitutional law Bill of rights 0398
543	Sovereignty Denied & Sovereignty Yielded:Through the Looking Glass on 21st Century Piracy in the Seychelles Fernando, Francisca Maryanne Udeshika 07 December 2011 (has links) Using the case study of 21st century Piracy as it affects the small islands archipelagic state of the Seychelles, this paper sets the stage for a broader discussion on the sovereignty of small island states in international law. Sovereignty can be viewed through different lenses; sovereignty denied considers the many challenges faced by small island states and their claim to the traditional concept of sovereignty, as promoted during the decolonisation era and projected by the right of self determination. On the other hand sovereignty can also be yielded by small island states, where the jurisdiction of the state becomes a resource. This is demonstrated through the degree of international assistance afforded to the Seychelles in dealing with pirates and more generally, through the development of offshore companies in small island states. Consequently, this paper suggests that international law is both the problem and solution to the sovereignty of small island states. International Law Seychelles Piracy Pirate Somali Pirate Small Island State Decolonisation Colonial Indian Ocean Non Aligned Movement Offshore Jurisdiction Equality Inequality Sovereignty Self Determination 0398
544	Constitutional Deradicalization of the Wagner Act Model:The Impact of B.C. Health Services and Fraser Dobson, Tracey-Ann Alecia 07 December 2011 (has links) For many years, workers petitioned the Supreme Court of Canada to intervene in labour relations to protect their collective bargaining rights. Finally, the Court answered the call, but the drastic changes made were not what workers expected. This thesis outlines the effect that the Court’s decision to intervene in labour relations had on the existing collective bargaining model. In making this determination, a historical analysis was done of the Court’s attitude towards using section 2(d) Freedom to Associate to protect collective bargaining, followed by a comparative analysis with United States jurisprudence to explain the effect of the Canadian decisions on the statutory provisions. The analysis revealed that the decisions had significantly weakened protections for workers’ rights, and provided the basis to conclude that the Supreme Court of Canada had used the Canadian Charter of Rights and Freedoms to deradicalize the existing collective bargaining model. Collective Bargaining Rights Labour Relations Wagner Act Model Supreme Court of Canada and Labour Law 0398 0629
545	The Paradox of Women's Rights: Malaysia's Struggle Towards Legal And Religious Pluralism Binti Mohammad, Shazalyna 21 November 2012 (has links) Family is the foundation society. Women are the backbone of families even in fundamental patriarchal society like Malaysia. However, Malaysia’s system of religious accommodation results in different rights available to individuals based on the states diverse religious affiliation. Contemporary family issues are inadequately addressed in current Malaysian Family Law: one for the Muslims and one for the non-Muslims. Most cases highlighted inconsistencies when conversion to Islam affected the rights of women during breakdown of marriage. In permitting a path to accommodate diversity, and to reach a new engagement between the civil and the Shariah courts, it is necessary to appreciate Malaysia’s history, sentiment, constraints and strengths. This paper proposes that not only Malaysia has adequate strengths to provide a strong platform to address the conflict, but possesses the mechanisms to create a dynamic set of joint governance of Family Laws to enhance religious accommodation. Women's Rights Legal Pluralism Religious Pluralism Civil Law Islamic Law Family Law Conversion To Islam Dual Legal System Consent of Spouse Custody of Children 0398
546	Beyond Special and Differential Treatment: Regional Integration as a Means to Growth in East Asia Chan, Su Jin 15 December 2010 (has links) Special and differential treatment (SDT) provisions in GATT were created to assist developing countries achieve economic progress while assimilating into the multilateral trading system. Despite these intentions, global trade imbalances still persist. Within this context, I focus on the region of East Asia which has experienced astounding growth in just several decades, propelling it far beyond other developing country regions. Although international trade continues to be the crucial factor driving growth in the region, reliance on SDT has in certain circumstances hindered development. As such, East Asia should seek alternatives to SDT. In that vein, I argue that sustainable growth and trade liberalization can be achieved by enhancing integration through a regional trade agreement. I further discuss various proposals for an East Asian trade agreement such as ASEAN+3, FTAAP, and EARTA. Finally, I highlight the importance of governance and identify several institutions essential for a successful regional arrangement. International trade special differential treatment Asia regional trade agreement rules of origin dispute settlement East Asia regional integration regionalism multilateralism ASEAN FTAAP EARTA developing countries institutions 0398
547	Proportionality as a Remedial Principle: A Framework for Suspended Declarations of Invalidity in Canadian Constitutional Law Hoole, Grant Russell 01 January 2011 (has links) The aim of this thesis is to provide an analytic framework for the governance of suspended declarations of invalidity in Canadian constitutional law. A suspended declaration is a remedial device by which a court strikes down a constitutionally invalid law, but suspends the effect of its order such that the law retains force for a temporary period. While introduced to Canadian law under circumstances of exigency, suspended declarations have grown to be used liberally by the courts, and the principles that previously confined them have been abandoned. As a result, constitutional rights have sometimes been suspended without just basis. I propose a means to reverse this trend: by adopting proportionality, a core feature of the analytic method used to adjudicate limitations on Charter rights, as a remedial principle guiding the use of suspended declarations. I review the jurisprudence of South Africa’s Constitutional Court to illustrate the merits of this approach. Canadian Constitutional Law Constitutional Law Canada South African Constitutional Law Constitutional Law South Africa Constitutional Remedies Charter of Rights and Freedoms Suspended declarations of invalidity Temporary Validity Proportionality 0398
548	Improving Chinese Expenditure Incentive Programs for Venture Capital Investment: A Comparative Study of Government Expenditure Supporting Policies of Venture Capital Investment in the United States, Canada and China Hu, Yihua 01 January 2011 (has links) This thesis will discuss the role of government in venture capital market and illustrate the national difference of that through a comparative study of government expenditure supporting policies of venture capital investment in the USA, Canada and China. Firstly, the prototype programs designed by Small Business Administration (SBA) of the United States and Canadian policies by the Business Development Bank of Canada (BDC) will be discussed. Secondly, the current Chinese government expenditure supporting policies will then be studied in the context of the Chinese venture capital market’s unique political, economical and legislative background. Ultimately, potential improvements in the future expenditure incentive programs in China will be explored. Venture Capital Investment Venture Capital Financing Comparative Study United States, Canada, China 0398 0508
549	Economic, Social and Cultural Rights in New Zealand: Their Current Legal Status and the Need for Change Opie, Josselin Brian 01 January 2011 (has links) In this thesis I examine the status of the rights recognised in the International Covenant on Economic, Social and Cultural Rights in New Zealand‘s domestic law. I contrast that status with the constitutional guarantees that Brazil, South Africa and Finland provide for these rights, and critique the principal objections made in New Zealand and elsewhere against them. I argue that greater domestic legal protection of economic, social and cultural rights is necessary and propose that they be incorporated into the New Zealand Bill of Rights Act 1990. 0398
550	The Law Applicable to International Trade Transactions with Brazilian Parties: A Comparative Study of the Brazilian Law, the CISG, and the American Law About Contract Formation Aguiar, Anelize 25 August 2011 (has links) Despite Brazil’s importance in the world economy and its increasing participation in foreign trade, there is considerable legal uncertainty regarding the law applicable to international commercial contracts involving Brazilian parties because Brazilian judicial courts do not respect parties’ freedom to choose the governing law, thus this determination is only made by a judge, according to Private International Law rules of the forum. Applying these rules, this study demonstrates that there are at least three potential legal regimes: the Brazilian law, the United Nations Convention on Contracts for the International Sale of Goods, and a foreign domestic sales law. Making use of the American law as the foreign law, a comparative analysis of these three legal regimes regarding contract formation demonstrates that their approaches are very distinct, and this confirms the legal uncertainty. In order to reduce this problem, three different strategies are proposed to the Brazilian government. LAW INTERNATIONAL TRADE COMMERCIAL SALE GOODS CONTRACT FORMATION BRAZIL CISG UNITED STATES BRAZILIAN LAW AMERICAN LAW LAW APPLICABLE PRINCIPLE OF PARTY AUTONOMY PRIVATE INTERNATIONAL LAW COMPARATIVE LAW 0398

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