This Master of Laws thesis provides an analysis of Manitoba Court of Queen's Bench civil money judgment cases, sampled quantitatively for 1995 and 2004, to examine the length of time from the filing of a claim to judgment being issued, before and after the implementation of Manitoba Queen s Bench Rule 20A. The historical roots of Manitoba court procedure and certain enforcement processes are examined to explain historically: if you get the judgment, how do you get the money? The procedural law is rooted in the English medieval common law system of judicial writs, most recently made more efficient by Manitoba Queen s Bench Rule 20A. This remains basic to issues of law reform for all common law jurisdictions, including Saskatchewan s Enforcement of Money Judgments Act, and this thesis concludes with a set of qualitative recommendations.

Intellectual property protection (IPP) attained its importance in recent years because of the steady increase of intellectual property-endowed goods and technology in global trade. Technology producers, among them multilateral pharmaceutical companies (MPCs) felt that the Paris Convention (the Convention) was not adequate in dealing with trade related issues, and that an agreement was needed to integrate the subject of IPP; especially patent protection for pharmaceuticals, into the broader context of global trade law. The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) concluded in the Uruguay Round in 1994 brought IPP into the global trading system. The patent system contained in the Agreement reflects to a large extent MPCs' proposal for a strengthened patent system which paves the way to ensure market access and equal competition opportunity in their endeavour to expand global operation. The objective of the global trading system is to liberalise trade, achieved by securing commitments of market access and equal competition opportunity through the application of the principles of most-favoured-nation treatment, national treatment and reciprocity, reinforced by domestic competition policy to ensure efficient functioning of markets.However, in regard to patent protection for pharmaceuticals, the exercise of the exclusive marketing rights conferred by patent protection has trade restricting effect because competition is excluded during the patent term. This trade restricting effect does not compliment the objective of the global trading system nor promote competition. But the TRIPS Agreement does not cover a negotiated result on securing the recognition in domestic competition policy of the exclusive marketing rights conferred by patent protection, especially when domestic competition policy is designed to compliment microeconomic policy such as health care cost control. The implementation of international exhaustion to allow parallel importation of patented products during the term of patent is an example in point. It is an issue the TRIPS Agreement does not address and is excluded from the World Trade Organisation (WTO) dispute settlement mechanism. It is a legal issue because the disparity among national competition policy will cause trade distortions. It is political because the issue touches upon nations' regulatory autonomy in designing their competition policy to compliment other government policies. It also has economic implications in that countries might wish to rely on parallel importation as a mechanism to bring down prices of patent products. A complex issue as such requires- a multilateral solution enshrined in a legally binding agreement. In the absence of such an agreement, patent system under the TRIPS Agreement will be inadequate and ineffective because it will become inoperable and nations will incline to retrieve to unilateral actions for the resolution of grievances.

This thesis is about establishing a balance between universal human rights and particular cultures or local conditions. It examines the universality debate with reference to the "margin of appreciation" in the jurisprudence of the European Court of Human Rights, in particular from the end of the Cold Wax when new Contracting Parties from central and eastern Europe came under the Court's jurisdiction.The thesis considers that analysis of these issues must not be parochial. In Part One the universality debate in international human rights law is therefore examined in detail. It is argued that universal human rights do not require absolute uniformity in their protection - even universal human rights are necessarily and defensibly qualified. In order to link the margin of appreciation to this universality debate its evolution, operation and the factors which underpin it are also clarified in Part Two. It is demonstrated that the margin of appreciation has evolved from a concession to states into a methodology for demanding ever greater justifications for their limitations upon human rights. In doing so the margin permitted accords with the defensible level of local qualification to human rights already identified.Part Three tests these conclusions against original analysis of recent case law, showing that the Court has been responsive to the differing needs of the new Contracting Parties. The Court had evolved a coherent and defensible approach to cases that have raised complex localised issues, and has maintained this even since its jurisdiction expanded. Whilst allowing modulation of European human rights protection according to local characteristics, use of the margin of appreciation does not amount to cultural relativism even in the expanded Council of Europe.

The principle of self-determination has great pedigree. It is a norm that had at heart, the foundations of the concept of democracy - based on the idea that the consent of the governed alone, could give a government legitimacy. These noble ideas, expressed in the American and French Declarations form the cornerstone to the principle of self-determination. This is the principle that, through changes influenced by various political factors. was primarily responsible for the decolonisation process that has shaped the current international community. Self-determination has been used in equal rhetorical brilliance by a number of great leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with the vested interest of ascendancy to power at the heart of their project. In any case, 'self-determination' has come to mean different things in different contexts. It is this particular issue that this thesis wishes to tackle. Being a vital principle, especially in the context of the post-colonial state, it is one factor that at once, represents a threat to world order, while at the same time holding out the promise of a longer-term peace and security based on values of democracy, equity and justice. This thesis looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-linked discourses: that of minority rights. statehood & sovereignty and the doctrine of uti possidetis which shaped the modern post-colonial state. IN analysing these factors we shall focus specifically on the option of secession from the modern post-colonial state - one of three options stated explicitly by General Assembly Resolution 1514 (XV) as constituting the act of self-determination. These norms are then sought to be analysed further within two case studies. The first of these looks briefly at the situation concerning the creation of Bangladesh - a case of self-determination achieved. The second case study, much more complex in itself, looks at the situation concerning the Western Sahara where self-determination (whatever its manifestation) is yet to be expressed. In the course of this latter case study we shall seek to highlight the problematic nature of 'national identity' and the 'self in settings far removed from post-Westphalian Europe from where these norms originate, and which remain so integral to the modern discourse of international law.

No description available.

This thesis is the culmination of years of wondering why we ask people to 'be' certain things. One of the first things you notice about people is their keenness to be able to categorise things, so quickly human beings become men and women, criminal or non-criminal, healthy or sick. To deal with the world around us we reduce the infinite to a schema and then judge the infinite within that schema. We often forget that that 'the way things are' are not necessarily normal or natural. We come to expect men and women to act, behave and feel in certain ways rarely questioning the necessity of these expectations or the possible damage such expectations may create for the individuals required to 'fit' them. Studies of 'female' criminality and imprisonment highlighted the effects that socialisation into appropriate female gender roles has on the lives of women. If one starts from the premise that there are no major inherent differences between men and women, that is you view them as people first, this finding raises the question what impact does the socialisation of men into appropriate male gender roles have on men? This thesis attempts to explore the impact of socialisation of men into appropriate gender roles and what role, if any, their involvement in crime might play in men's attempts to 'be men'.

No description available.

This thesis examines the development of the concept of individual and collective self-defence as expressed in Article 51 of the UN Charter. In doing so, it will analyse the attempts to stretch the scope of the right of self-defence beyond the limits allowed under Article 51 and assess whether such attempts have undermined the Charter regime. The concept of self-defence is seen as part of a series of evolutionary attempts to limit the horrors of war by formulating criteria for the legitimacy of armed force. This study looks at the developments from the racial and religiously- motivated medieval concept of "Just War", and the "defensive" Islamic concept of Jihad, through arbitration and treaty between sovereign states, to the development of the legal doctrine of self-defence, subject to the criteria of necessity and proportionality, established in the Caroline case. The focus is on the modem development of the concept of self-defence in the UN era, has developed within the context of a global collective security system.However, the circumstances of its drafting left Article 51 with a number of ambiguities and inadequacies, which are explored with reference to illustrative examples from recent history. Attention is drawn to the nature and scope of the so-called "inherent right"; the difficulties surrounding the definitions of "armed attack" and "aggression" as events which activate the sight of self-defence; and the unforeseen burden placed on Article 51 as a result of the paralysing effect of the Cold War on the collective security system. A further development in recent years has been a trend to fit Article 51 to the scope of the post-colonial, post-Cold War era, by attempting to enlarge it, both temporally and spatially. The former leads to claims for various forms of anticipatory and retrospective defence; the latter to broader conceptions of the people, territory and governance system to be defended whereby the legal framework of Article 51 is made subject to political and humanitarian considerations. However well-intentioned, such trends would greatly increase the number of exceptions to the prohibition in Article 2(4) and open the door to misuse of the Article 51 provision thereby increasing the danger of threats to peace and security.Clearly, the 1945 conception of self-defence is no longer adequate to deal with the changing force of international relations. Article 51 must change; the question is whether it can do so within the spirit of its nature as an "emergency" response with value especially to weaker and third world nations.

No description available.

At the core of this exploratory research project, which sets out to examine community supervision of men convicted of sexual offences, is the introduction and development of a new model; the Sex Offender Risk Management Approach (SORMA). Essentially, SORMA describes a system of multi-agency risk management of sexual offenders in the community, and in so doing, utilizes the most convincing, comprehensive and influential research, models and theories that contribute to current thinking about control and treatment of sex offenders. In this concerted attempt to develop, through research, a model which harnesses the established value of credible and valid methods of intervention, the reader will recognise elements originating from key strands of celebrated work. SORMA is not, however, a simple re-arrangement of these existing contributing components. Vital as they are, they undergo critical analysis and are challenged, at times with considerable rigour to identify evidence to support existing claims of efficacy. SORMA does not add further conjecture to the existing and, some may say, complacent quasi-therapeutic treatment orthodoxy; rather, it disturbs it, to provide a reconsideration of the aims and purpose of the work, finding a broader context in which to examine these existing intervention strategies. The political and professional values that underpin this work are considered as are the ethical boundaries of probation supervision. SORMA involves seven key components and each of these is explored in this work. The development of this model and the testing of it are detailed in the subsequent chapters. I will say no more about it at this point other than to invite the reader to consider these components together in their condensed form, for an oversight at this point will help to project the critical elements used to compose this research and fashion the outcomes. SORMA is: 1) Unambiguously concerned with Social Control 2) Clinical Treatment and Therapy 3) Situational Crime Prevention 4) Actuarial Risk Assessment and Management 5) Surveillance 6) Multi-Agency Collaboration 7) Maximisation of Legislative Authority. These components are examined in Chapters 1-3 where they withstand analysis to provide the foundation for SORMA. This is presented as layered discussion guiding the reader through each separate area, whilst constructing the framework of the model itself. In the subsequent chapters, SORMA is fashioned, applied and discussed. Appearing as it does in the final chapter SORMA, as a processual model, becomes a practice utility ripe for implementation and further development.