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Mainstreaming Porn: Sexual Integrity and the Law Online
Elaine Craig
The ubiquity of streaming sites such as Pornhub has transformed the social role of sexually explicit content today. Online porn is no longer a shady corner of the internet; it is mainstream. Its production, commodification, and consumption on data-driven online platforms has changed - and is changing - our personal relationships, social and legal systems, and sexual norms.
Online porn platforms are shaping sexual desires and practices in the same way that Google and Facebook have affected social relationships and the circulation of information: porn is now consumed on data-driven platforms with algorithms designed to engage the attention of users, encourage the production of user-generated videos, and filter content. Through frank examination of mainstream content with themes of incest, intoxication, and so-called consensual rough sex, issues that play out in life and in court, Elaine Craig shows how the platformization of mainstream pornography is shaping our sexual culture in real time. Mainstreaming Porn maps a complicated web of legal culture and legal actors, from corporate lawyers and platform content regulation to the criminal, civil, and administrative contexts in which porn companies operate and the legal interpretation of sexual assault defences. All have profound implications for the promotion and protection of everyone’s sexual integrity, and especially that of women and girls.
Mainstreaming Porn is an unflinching, carefully balanced perspective on a divisive topic. Without demonizing pornography or its consumption, Craig makes a powerful argument for applying legal mechanisms to corporate-owned online platforms while offering a sober evaluation of the limits of the law in governing pervasive cultural norms and social understandings of sexuality.Table of Contents
Acknowledgments ix
- Introducing Porn on the Platform 3
- Porn Has Changed 28
- Porn Platforms as Social Meaning Makers 51
- Are We Living in the House That Porn Built? 76
- The Problems with Incest-Themed Porn 106
- Do Judges Watch Porn? Porn, Sadomasochism, and the So-Called Rough Sex Defence 149
- What to Do about Unlawful Porn on the Platform? 191
- What to Do about Lawful Porn on the Platform? 224
Notes 263
Index 377
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Nova Scotia Real Property Practice Manual
C. W. MacIntosh and Diana Ginn
The only comprehensive guide available to the practice and procedure of real property law in Nova Scotia. Each chapter contains expert commentary on topics such as marketable title, title problems and how to solve them, and subdivision and building control.
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Land & Property in Canada's Political Economy
Jamie Baxter
- This digital casebook is fully open-access and open source, available online to freely access, use, copy remix and redistribute.
- Consistent with the open online format, the casebook is designed to be adaptive and under continuous development.
- After teaching from the casebook for the first time in 2021-22, I hired a full-time research assistant this summer (supported by the Class of 1967 Teaching Excellence Award) to continue developing both the content and supporting technology for the casebook. That work has led to substantial revisions to the initial version, including a dedicated framework for “teaching property from an anti-colonial perspective”.
- On the technological side, a significant part of this research project has been the development of a platform for building and publishing the casebook (and other legal casebooks) that allows for collaborative authorship and content sharing.
- Our advances on this portion of the project are described in the article "Exit, Voice and Disloyalty in Open Casebooks."
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Ocean Yearbook
Aldo Chircop, Scott Coffen-Smout, and Moira L. McConnell
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook Online provides information in one convenient resource.
Articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key legal and policy instruments and an annually updated global directory of ocean-related organizations.
The Yearbook is a collaborative initiative of the International Ocean Institute in Malta and the Marine & Environmental Law Institute at the Schulich School of Law, Dalhousie University, Halifax, NS, Canada.
The Yearbook is also available in print. -
Halsbury's Laws of Canada – Religious Institutions (2022 Reissue)
Diana Ginn
Canada is a cultural mosaic, containing a broad range of different religious faiths and denominations. As spiritual organizations in a secular world, the religious institutions that support those faiths must also interact with the everyday world of law and legal obligation. Halsbury's Religious Institutions (2022 Reissue) examines the many points of intersection between law and religion in Canada, covering such topics as:
- Freedom of religion under the Charter
- Faith-based arbitration
- Denominational schools
- Consent to medical treatment
- Property rights
- Civil and criminal liability
- Governance and legal status
- Judicial review of decisions by religious institutions
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Boundaries of Information Property (Common Core of European Private Law #4)
Christine Godt, Geertrui Van Overwalle, Lucie Guibault, and Deryck Beyleveld
This book is the result of a long-term comparative research project on intellectual property, with topics ranging from patents to copyright, examined across 16 jurisdictions. It does not aim at commenting on current policy issues. The country reports unearth the culturally, morally and historically imprinted thought patterns across Europe which underpin current discussions on the appropriation of information, and which do not change quickly. The research results question the common narratives of the distinctiveness of private and public law, of contracts and property, and of morality and the law.
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Annual Review of Criminal Law 2021
Adelina Iftene, Robert Currie, and Stephen Coughlan
The Annual Review of Criminal Law 2021 is an analysis of the most significant case law and statutory developments in 2021 and their impact on the practice of criminal law in Canada. The authors, who have written extensively on criminal law, procedure, and sentencing, draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments, detailing how they impact the practice of criminal law in Canada.
New in this edition:
- An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts, S.C. 2019, c. 25 (former Bill C-75)
- An Act to amend certain Acts and Regulations in relation to firearms, S.C. 2019, c. 9 (former Bill C-71)
- An Act to amend the Criminal Code (bestiality and animal fighting), S.C. 2019, c. 17 (former Bill C-84)
- An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), S.C. 2019, c. 11 (former Bill S-203)
- An Act respecting national security matters, S.C. 2019, c. 13 (former Bill C-59)
- An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, S.C. 2019, c. 15 (former Bill C-77)
- Budget Implementation Act, 2019, No. 1, S.C. 2019, c. 29 (former Bill C-97)
Significant case law discussed in this edition includes the following Supreme Court of Canada decisions of 2019:
- R. v. Barton
- Bessette v. British Columbia (A.G.)
- R. v. C.J.
- R. v. Calnen
- Denis v. Côté
- Fleming v. Ontario
- R. v. Fedyck
- R. v. Goldfinch
- R. v. Jarvis
- R. v. Le
- R. v. Mills
- R. v. Morrison
- R. v. Omar
- R. v. R.V.
- R. v. Snelgrove
- R. v. Myers
- R. v. Penunsi
- R. v. Poulin
- R. v. Stillman
- R. v. W.L.S.
- R. v. Wakefield
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Private International Law in Common Law Canada: Cases, Text and Materials
Stephen G.A. Pitel, Martha Bailey, Joost Blom, Sara Gwendolyn Ross, Geneviève Saumier, Sara L. Seck, Janet Walker, and Catherine Walsh
Private international law, also known as conflict of laws, refers to the intersections of law between private citizens of different countries and the recognition, regulation, and enforcement of legal rights in cases involving foreign entities. Commonplace in modern commerce and increasingly prevalent in areas such as family law, private international law presents challenging legal issues for Canadian courts.
Private International Law in Common Law Canada: Cases, Text and Materials, 5th Edition introduces the historical and theoretical underpinnings of private international law, exploring its constitutional implications and intersections with public policy. It examines three key issues: taking jurisdiction over a dispute, recognizing and enforcing the judgment of a foreign court, and identifying the law to be applied in resolving a dispute. These issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law, succession, and family law.
The fifth edition of this comprehensive casebook features updated case law and current legislation relevant to important issues such as the recognition and enforcement of foreign judgments, and family law matters. Authored by a team of prominent Canadian scholars, Private International Law in Common Law Canada continues to be the only casebook of its kind to examine all traditional conflict-of-law issues.
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The Cambridge Handbook of Environmental Justice and Sustainable Development
Sumudu A. Atapattu, Carmen Gonzalez, and Sara L. Seck
Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.
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Disciplining Judges: Contemporary Challenges and Controversies
Richard Devlin FRSC and Sheila Wildeman
Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices of each discipline regime differ in ways that reflect distinct social, political, and cultural contexts. Second, some jurisdictions are doing better than others in responding to challenges of designing a nuanced and normatively defensible regime. Third, no jurisdiction has yet managed to construct a regime that can be said to adequately promote public confidence. Finally, important lessons can be learned through analysis of, and critically constructive engagement with, other jurisdictions.
The first comprehensive comparative collection on judicial discipline systems, Disciplining Judges, will inspire new conversations among academics, students, judges, governmental officials and political scientists. -
Research Handbook on Climate Change Law and Loss & Damage
Meinhard Doelle and Sara L. Seck
This timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.
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The Next Generation of Impact Assessment
Meinhard Doelle and A. John Sinclair
Legislated impact assessment requirements were first introduced over fifty years ago with the National Environmental Policy Act in the United States and have since spread to over a hundred and fifty jurisdictions around the world. The details have varied widely, reflecting the global diversity of socio-ecological and governance systems and associated issues, traditions, capacities, ambitions, and power structures. In 2015, Canada embarked on a task that no other country has attempted in recent years: fundamentally reconsidering how best to tackle environmental assessment. This review and revision process ended with the passage of the Impact Assessment Act (IAA) in 2019.
The Next Generation of Impact Assessment explores the evolution of the Canadian assessment process and evaluates the effectiveness of the IAA. Each chapter provides an in-depth analysis of the Act in regard to:
- the contents of the IAA
- regulations and guidance
- an assessment of these provisions based on the literature
- best practices related to the essential elements of impact assessment and federal government commitments made
- establishing any action needed to ensure effective implementation of the IAA
The book also investigates areas of concern for implementation of the Act and proposes areas of further reform. The authors apply their expertise by providing a comprehensive and detailed examination of various sections and provisions while considering essential components that should be included in the next generation of assessment law and policy. The authors conclude that the IAA has the potential to one day symbolize a breakthrough in the federal assessment process, and this text is an invaluable resource dedicated to the successful implementation of the Act and to its continuous improvement.
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Transparency, Power, and Influence in the Pharmaceutical Industry: Policy Gain or Confidence Game?
Katherine Fierlbeck, Janice Graham, and Matthew Herder
There is plenty of controversy surrounding pharmaceuticals, but it cannot be denied that the pharmaceutical industry is both socially beneficial and profitable. Regulators are expected to ensure that the economic success of the industry does not come at the expense of public safety, yet they have also assumed a cooperative role by providing advice on regulation and by targeting unmet medical needs. Concerns over regulatory standards, conflicts of interest, and the manipulation of information on drug safety and effectiveness have led to public mistrust and a greater need for transparency between the pharmaceutical industry and government regulators.
Transparency, Power, and Influence in the Pharmaceutical Industry evaluates the progress made in holding the pharmaceutical industry responsible for creating transparency in the industry, from development to market. The contributors to this volume examine the various mechanisms introduced to make the regulatory process more informative and situate these efforts within the larger project of enhancing the safety of drugs, vaccines, and other products.
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Annual Review of Criminal Law 2020
Adelina Iftene, Robert J. Currie, and Steve Coughlan
The Annual Review of Criminal Law 2020 is an analysis of the most significant case law and statutory developments in 2020 and their impact on the practice of criminal law in Canada. The authors, who have written extensively on criminal law, procedure, and sentencing, draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments, detailing how they impact the practice of criminal law in Canada.
New in this edition:
- An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts, S.C. 2019, c. 25 (former Bill C-75)
- An Act to amend certain Acts and Regulations in relation to firearms, S.C. 2019, c. 9 (former Bill C-71)
- An Act to amend the Criminal Code (bestiality and animal fighting), S.C. 2019, c. 17 (former Bill C-84)
- An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), S.C. 2019, c. 11 (former Bill S-203)
- An Act respecting national security matters, S.C. 2019, c. 13 (former Bill C-59)
- An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, S.C. 2019, c. 15 (former Bill C-77)
- Budget Implementation Act, 2019, No. 1, S.C. 2019, c. 29 (former Bill C-97)
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Learning Canadian Criminal Law
Don Stuart and Steve Coughlan
This fifteenth edition continues to focus on tools students must acquire to be effective criminal lawyers, including critical skills. The aim is to explore substantive principles and the trial context: the adversary system, how elements of crime are proved, principles of act and fault, legal justifications and excuses, and sentencing principles. Integrated throughout is a consideration of the impact of the Charter. The focus is on major sources: the Criminal Code itself and key judicial decisions. Learning is facilitated by notes, questions, problems and general review questions.In this edition we made a special effort to thoroughly update, re-edit, prune or delete dated material. Particularly major changes were made in chapters 1 and 4.
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Research Handbook on Ocean Acidification Law and Policy
David L. VanderZwaag, Nilüfer Oral, and Tim Stephens
This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments.
The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States.
This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community. -
The Law of Trusts: A Contextual Approach
Faye Woodman, Jeffrey Bruce Berryman, and Mark R. Gillen
The Law of Trusts: A Contextual Approach, 4th Edition provides a comprehensive overview of trust law and related concepts in a broad context, which considers practical, social, environmental, and policy aspects. Divided into seven parts, this text explores the wide application of trusts and Canadian jurisprudence, as well as other key subjects: the express trust, trusts arising from the operation of law, trust remedies, modern uses of trusts, fiduciary relationships, and the trust in Quebec.
This edition reflects an up-to-date survey of the Canadian law of trusts—including revised chapters as well as new content—and the modern contexts in which trusts may be employed.
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Lawyers' Ethics and Professional Regulation
Alice Woolley, Richard Devlin, and Brent Cotter
This text is a comprehensive discussion of the professional responsibilities of lawyers in Canada. The book addresses issues related to the "law of ethics and lawyering" and provides tools for assisting students and practitioners in exercising the moral judgment which underlies all ethical decisions by lawyers. Case law and case studies are used to illustrate points and suggest solutions to problems that lawyers typically face during their day-to-day practice.
Features
- Includes thought-provoking fact-based "scenarios" designed to engage and encourage the reader to think through the implications and possible outcomes if they themselves were (or are ever placed) in a similar situation
- Draws on the expertise of twelve scholars in the Canadian legal ethics field
- Contains notes and questions for students
- Suggested further reading to assist readers in learning more about each topic
What’s New In This Edition
- The Lawyer-Client Relationship
- Incorporation of problems addressing issues raised by lawyer marketing during the COVID pandemic and using social media
- Incorporating updated case law and materials related to the lawyers’ duty of competence in the context of Indigenous clients and the legal system, criminal law, domestic violence, and Trans clients and law
- Expanded discussion of ethical issues related to lawyers’ mental health, including new discussion related to lawyer wellbeing
- The Lawyer’s Duty to Preserve Client Confidences
- Updated explanation of the differences between solicitor-client privilege and the lawyer’s duty of confidentiality
- New discussion of solicitor-client privilege and confidentiality in the context of law society investigations
- The Duty of Loyalty and Conflicts of Interest
- New analysis of access to justice exceptions to the code of conduct provisions related to former-client conflicts of interest
- Ethics in Advocacy
- Expanded analysis of the role of the advocate in light of issues related to access to justice, non-adversarial advocacy, the role of lawyers in the residential school litigation, and societal concerns regarding equality, diversity and inclusion
- New analysis of the duties of lawyers as advocates where litigation includes e-hearings or electronic documents
- Government Lawyers
- New consideration of the ethical duties of government lawyers in the context of implementing the Truth and Reconciliation Commission’s Report
- New consideration of the duties of lawyers when providing advice to Parliament on the constitutionality of proposed legislation
- In-House Counsel and Their Unique Considerations
- New chapter on the ethical duties of in-house counsel, including materials, analysis and problems related to the unique ethical challenges and specific ethical responsibilities of lawyers employed by their client
- Challenges for Lawyer Regulation
- Reorganized and expanded chapters on the regulation of lawyers, including analysis and problems related to regulation of legal education, sexual harassment, lawyers’ fees, family law practice, diversity, equality and inclusion, compliance-based regulation, alternative business structures and technological competence
- Discussion of access to justice issues specific to Indigenous people
- Judicial Ethics
- Incorporation of the substantially revised Ethical Principles for Judges released by the Canadian Judicial Council in 2021, including critiques and analysis
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Immigration and Refugee Law (3rd Edition)
Sharryn J. Aiken, Colin Grey, Catherine Dauvergne, Gerald Heckman, Jamie Liew, and Constance MacIntosh
Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition explores the current state of Canada’s evolving immigration system, surveyed in historic, social, and comparative contexts. Authored by Canada’s leading scholars in the field, this casebook equips students with the key building blocks of immigration, refugee, and citizenship law. Each chapter presents a multi-faceted approach to the subject, including insightful commentary on race, gender, and class.
The third edition includes substantial updates to reflect developments in case law as well as legislative and policy reforms implemented over the past five years.
This casebook is ideal for upper-year law school courses in Canada.
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Inalienable Properties: The Political Economy of Indigenous Land Reform
Jamie Baxter
As many Indigenous communities return to self-governance and self-determination, they are taking their own approaches to property rights and community development. Why did the Nisga’a Nation introduce property rights that can be traded in the market? And how have communities such as the Membertou First Nation sustained control over their lands in the face of economic pressures for saleable rights? This book explores the contrasting approaches to land rights illustrated by four Indigenous communities in Canada – the Westbank, Membertou, Nisga’a, and James Bay Cree Nations. Jamie Baxter traces how local leaders set the course of land rights and development in their communities during formative periods of legal and economic upheaval. Drawing on new research about institutional change in organizational settings such as business firms and labour unions, Baxter uses game theory to explore how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. Inalienable Properties challenges the view liberalized land markets are the inevitable result of legal and economic change. It shows how inalienability can result from intentional choices and is linked to structures of decision-making that have long-lasting consequences for communities.
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Criminal Procedure 4th ed.
Stephen Coughlan
This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as police powers to search, detain, or arrest; the right to counsel; interim release; disclosure and production; informations and indictments; jury selection and deliberation; trial within a reasonable time; and appeals.
This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code, including powers of arrest, preliminary inquiries, and the jury selection process. In addition, it includes discussion of significant new Supreme Court of Canada cases, such as Le on arbitrary detention and racial profiling; Fleming v Ontario on powers of arrest; Saeed on search incident to arrest; Marakah, Jones, Reeves, and Mills on reasonable expectation of privacy; Antic on bail; and Jordan, Cody, and KJM on trial within a reasonable time.
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International and Transnational Criminal Law
Robert Currie and Joseph Rikhof
International criminal law has focused on the prosecution of truly international crimes — genocide, crimes against humanity, war crimes, and aggression. The emerging field of transnational criminal law reflects the fact that our post-Cold War, post-9/11 world has seenbthe growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state.
This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime, from a substantive perspective and through examination of the expanding range of international tribunals dealing with such crimes. This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.
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International & Transnational Criminal Law
Robert Currie and Joseph Rikhof
International criminal law has focused on the prosecution of truly international crimes — genocide, crimes against humanity, war crimes, and aggression. The emerging field of transnational criminal law reflects the fact that our post-Cold War, post-9/11 world has seenbthe growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state.
This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime, from a substantive perspective and through examination of the expanding range of international tribunals dealing with such crimes. This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.
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