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Digital Commerce in Canada
Michael Deturbide and Teresa Scassa
Formerly known as Electronic Commerce and Internet Law in Canada, the second edition of this book won the 2013 Walter Owen Book Prize – and this new title is sure to garner praise of the same magnitude. Written by leading experts in the field, Digital Commerce in Canada provides an in-depth look at digital transactions, and in particular the contractual nature of the relationships that form the basis of those transactions. The book also provides extensive consideration of private sector data protection law and its application.
A comprehensive resource
Rather than a treatise on Internet law, Digital Commerce in Canada examines the commercial framework that is developing in the context of digital transactions, including the important areas of electronic contracts, consumer protection, and data protection.The fully updated content in this latest edition features new and revised chapters dedicated to:
- “Smart contracts” and blockchain – readers can gain a deeper understanding of the increasingly prevalent technology
- Privacy and data protection in the private sector – a focus on the digital, online and mobile environments which are of growing concern in the digital realm
- Content regulation – one of the areas with the greatest number of legal challenges as new communications clash with established norms concerning expression
- Jurisdiction in cyberspace – a discussion of the state’s authority to prescribe law as it is generally limited to the political boundaries of each state, featuring an analysis of the Facebook/Google Supreme Court of Canada case
The right book at the right time
Given its up-to-date content and commentary, Digital Commerce in Canada would be especially useful for:- Corporate/commercial lawyers who represent clients conducting business on the Internet
- Information technology and intellectual property lawyers who provide guidance to clients on copyright, patent and trademark issues on the Internet, and ancillary matters
- Privacy and access to information lawyers who advise clients on how to protect themselves against security breaches, identity theft and other privacy issues
- In-house counsel who must direct their client (i.e., the corporation) on how to conduct business on the Internet
- Undergraduate and law students who are interested in learning more about Internet law and electronic commerce issues
- Libraries who want to provide relevant material to their patrons
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Public Law: Cases, Commentary and Analysis (4th Edition)
Craig Forcese, Adam M. Dodek, Philip L. Bryden, Richard Haigh, Mary Liston, and Constance MacIntosh
Public Law: Cases, Commentary, and Analysis, 4th Edition is the only text of its kind devoted exclusively to public law in Canada. Serving as a primer on the subject, this title will educate students about the importance of statutes and regulations both as forms of law and as political responses to pressing issues in Canadian society. This text demonstrates concepts, principles, and theory in a direct and accessible manner, contextualized with carefully selected case excerpts. Cases are presented with insightful author commentary, which offers a compelling, cohesive introduction to the subject of public law.
This edition reflects up-to-date legislation and cases, including changes to Canadian administrative law resulting from the Supreme Court’s decision in Vavilov et al.
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Teachers and the Law: Diverse Roles and New Challenges
A Wayne MacKay and Lyle Sutherland
An invaluable resource for teachers and other education professionals, Teachers and the Law provides the legal knowledge necessary to fulfill multiple roles and to succeed in the modern, Canadian classroom. Teachers will be equipped to address a wide range of issues, including technology and social media, harassment, bullying, censorship, Indigenous education, privacy, equality, and more. This edition reflects updated legislation that relates to the evolving rights of teachers, students, and parents, as well as emphasizing the impact that courts and human rights tribunals have in shaping both educational policies and practices. This edition also examines emerging privacy challenges relating to technology, such as the distribution of intimate images; inclusive education; and social movements such as #MeToo.
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Law and Intangible Cultural Heritage in the City
Sara Gwendolyn Ross
With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities.
This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives.
The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.
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Research Handbook on Polar Law
Karen N. Scott and David L. Vanderzwaag
This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field.
Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields. -
The Anatomy of Criminal Procedure: A Visual Guide to the Law
Stephen Coughlan and Alex Gorlewski
Criminal law is a powerful legal tool in Canadian society consisting of numerous procedural rules but little organization. Provisions of the Criminal Code that are directly relevant to each other are often separated by many different (and usually irrelevant) sections and subsections. The common law rules of criminal procedure, meanwhile, are often established incrementally, in numerous cases decided over a long period of time. With both the Code and common law, it can be difficult and time-consuming to assemble and explain the entire legal framework governing a particular police power or court procedure. This deficiency in the law is what led authors Steve Coughlan and Alex Gorlewski to create a comprehensible resource that clarifies the relationships among the individual statutory provisions and the common law rules of criminal procedure.
The Anatomy of Criminal Procedure: A Visual Guide to the Law illustrates the law of criminal procedure through nearly seventy annotated charts and diagrams. Across the whole criminal process — from search and seizure to appeals and sentencing — this book consolidates the statutory and common law rules around each step, visually depicts how they fit together, and explains in detailed annotations how the rules work and have been interpreted by courts. This is a valuable text for practitioners who work with the criminal process every day, as well as for students learning it for the first time. Coughlan and Gorlewski aim to outline the law as it was created and implemented by our institutions, while providing the coherence it sometimes lacks yet certainly requires. -
Annual Review of Criminal Law 2018
Steve Coughlan, Michelle Lawrence, and Robert Currie
An analysis of the most significant case law and statutory developments in 2018 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 in 2018, detailing how they impact the practice of criminal law in Canada.
With the new edition of Annual Review of Criminal Law it will be like having your own expert consultants to decipher the plethora of statutory and case law.
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Environmental Law: Cases and Materials
Meinhard Doelle and Chris Tollefson
In this new edition of Canada's leading environmental law text, Professors Doelle and Tollefson provide a fully updated and greatly expanded treatise that will be instrumental to practitioners, students, and environmental professionals alike. It includes a comprehensive collection of cases, articles, commentary, notes and questions and covers a broad range of topics, including:
- International Environmental Law
- The Common Law
- Jurisdiction over the Environment
- Environmental Regulation
- Compliance and Enforcement
- Judicial Review of Environmental Decision-making
- Federal Environmental Assessment
- Parks and Protected Areas
- Species Protection
- Climate Change
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Environmental Law: Cases and Materials
Meinhard Doelle and Chris Tollefson
In this new edition of Canada's leading environmental law text, Professors Doelle and Tollefson provide a fully updated and greatly expanded treatise that will be instrumental to practitioners, students, and environmental professionals alike. It includes a comprehensive collection of cases, articles, commentary, notes and questions and covers a broad range of topics, including:
- International Environmental Law
- The Common Law
- Jurisdiction over the Environment
- Environmental Regulation
- Compliance and Enforcement
- Judicial Review of Environmental Decision-making
- Federal Environmental Assessment
- Parks and Protected Areas
- Species Protection
- Climate Change
With a primary focus on federal environmental law and practice, this third edition covers the current state of provincial, commonwealth and U.S. environmental law.
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Dental Law in Canada
Michael Hadskis, Leah Hutt, and Mary McNally
This book offers valuable direction and practical advice to dental professionals and those interested in understanding and addressing the evolving challenges faced by the dentistry and other health professions – from business and employment law issues, to privacy and confidentiality matters, to malpractice claims and human rights complaints. Simply put, Dental Law in Canada, 3rd Edition is a must-have reference for oral health professionals and their advisors.
Complete, Updated Content
With contributions from recognized experts, Dental Law in Canada, 3rd Edition is the only Canadian resource to provide a comprehensive examination of the broad range of legal issues that dental professionals encounter on a regular basis. In this latest edition, readers will find updated content and analyses of recent developments, including:- Rewritten chapters on negligence and consent, as well as an extensively updated chapter on privacy and confidentiality, including an examination of the tort of breach of confidence and intrusion upon seclusion, and an expanded discussion of the role and impact of PIPEDA in dental practice
- An expanded discussion of Medicare in relation to dental care
- A consideration of the distinction between surgical and other dental care, and the resulting implications for provincial funding for treatment
- A review of the national and provincial approaches to health care reform
- An exploration of the shortcomings of private health insurance, including discussions related to access, administrative cost and adverse selection
- An explanation of the economic phenomenon of the “moral hazard” in insurance
- A comparison of the benefits and disadvantages of public and private insurance, and a reflection on the political and socio-economic trends contributing to the inaccessibility of dental insurance
- An investigation of the inherent issues related to dental care in the Canada Health Act
- A chart illustrating provincial dental programming for children
- An evaluation of the access to dental benefits for Indigenous Peoples
- A discussion of discriminatory billing practices with reference to the federal Non-Insured Health Benefits Program (NIHB)
- An updated section on the role, process and procedure of the various provincial and territorial human rights commissions
- Revised content based on the recent changes to the Employment Standards Act
- An explanation of how to be compliant with privacy legislation when retaining records and personal information
- Updated tax rules for dental corporations, including an expanded section on income splitting and dividends as well as an explanation of the amount of passive income that can be accumulated
- A discussion of the applicable responsibilities when transferring patient records
In addition, readers will benefit from new insight on a variety of topics related to dental law, such as:
- The two-stage process used to establish that human rights law has been breached
- The adverse distinctions in human rights
- The legal issues relating to websites and e-commerce for a dental practice, including a discussion of copyright notices, privacy policies, legal disclaimers, terms of use and compliance with Canada’s anti-spam legislation (CASL)
- A 2016 decision that addressed the question of whether an Ontario dentist had committed professional misconduct, and a related discussion exploring the issues of recordkeeping and drug prescription and administration
- Canada’s legislative structure and the statutes governing dental professionals
- A 2019 case that examined a dentist’s recordkeeping responsibilities
- Sexual abuse of a patient by a dental professional, with case examples
- The capacity of patients and dentists
- The right to reasons as one of the rights of procedural fairness
- The restorative approach of considering an Indigenous offender’s unique system or background factors in sentencing decisions
- Dental research, including a discussion about Research Ethics Boards and their requirements, processes, guidelines and policies
- Future dental business trends
This authoritative resource also features revised references and detailed footnotes to reflect relevant examples, statutes and the most up-to-date sources, including references to relevant provisions of the Charter, where applicable.
An Invaluable Resource
This third edition of Dental Law in Canada will be particularly useful to:- Dentists and dental professionals who must navigate the world of dental law, including understanding the potential liabilities and how to address the legal issues that might arise
- Other health professionals who can apply the content of this text to other health and medical contexts
- Lawyers advising dentists and/or dental professionals as it offers an insightful summary of legal dental issues and is a practical guide and point of reference
- Dental students who must learn about the legal issues that dentists face
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Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries
Adelina Iftene
Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses. Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, which would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.
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Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries
Adelina Iftene
Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses. Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, which would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.
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Kindred's International Law: Chiefly as Interpreted and Applied in Canada, 9th Edition
Phillip Saunders, Robert Currie, Payam Akhavan, Jutta Brunnée, Ted McDorman, Gib van Ert, Frédéric Mégret, Karin Mickelson, Ikechi Mgbeoji, Linda C. Reif, and Christopher Waters
Kindred’s International Law Chiefly as Interpreted and Applied in Canada, 9th Edition emphasizes the experience and practice of international law from a Canadian perspective both domestically and in foreign relations. A publication of long-standing quality and distinguished reputation, this text has been repeatedly cited as an authority in the Supreme Court of Canada and lower courts for decades. It delivers a comprehensive overview of the foundational concepts, principles, sources, and institutions of the international legal system, and examines specific subject areas of importance in the world today.
The ninth edition includes new insights from Gib van Ert, former Executive Legal Officer to the Chief Justice of Canada, and scholars Frédéric Mégret and Payam Akhavan. Additionally, readers will benefit from updated commentary and excerpts on recent treaty developments related to NAFTA and the Trans-Pacific Partnership Agreement.
This is the only publication of its kind that can offer its reader the guidance and legal sources required to develop a solid and multifaceted understanding of international law from a Canadian perspective.
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Annual Review of Criminal Law 2017
Steve Coughlan, Robert Currie, and Michelle Lawrence
This volume presents the most significant criminal law decisions in five areas: substantive criminal law (Chapter 1), policing and the Charter (Chapter 2), evidence (Chapter 3), criminal procedure (Chapter 4) and sentencing (Chapter 5). Steve Coughlan of the Schulich School of Law at Dalhousie University has prepared chapters 2 and 4, Rob Currie, also of the Schulich School of Law at Dalhousie University, wrote chapters 1 and 3, while Michelle Lawrence of the Faculty of Law at the University of Victoria is responsible for chapter 5.
The material covered consists of cases which appeared in the Criminal Reports (seventh series) volumes 32-40 and the Canadian Criminal Cases (third series) volumes 341 to 353.
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Putting Trials on Trial
Elaine Craig
Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
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Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession
Elaine Craig
Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
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Global Environmental Change and Innovation in International Law
Neil Craik, Cameron Jefferies, Sara Seck, and Timothy Stephens
The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.
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Learning Canadian Criminal Law
Don Stuart and Steve Coughlan
Learning Canadian Criminal Law, 14th 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. Learning Canadian Criminal Law, 14th Edition has been thoroughly updated and re-edited. Legislative changes considered include the new offence to criminalise the purchase of sex, anti-terrorism provisions enacted in Bill C-51 and limiting the partial provocation defence to murder. Also addressed are current Federal bills to remove Criminal Code provisions declared to violate the Charter, repeal anachronistic provisions, complex legal burden and reverse onus provisions, to amend sexual assault laws and to return to discretion not to award victim surcharges.
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Abortion Law in Transnational Perspective: Cases and Controversies
Rebecca J. Cook, Joanna Erdman, and Bernard M. Dickens
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead.
The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order.
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Detention and Arrest
Steve Coughlan and Glen Luther
The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state physically take control of private citizens — that is, when they exercise their powers to detain or to arrest. The book focuses on “street-level” encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play. This second edition has been updated to incorporate significant changes which have taken place with regard to statutory powers (the new citizen’s arrest power and others), to common law powers (powers of detention, safety searches, search incident to arrest, etc.) and to Charter rights (freedom from arbitrary detention, right to counsel, and so on).
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Lawyers' Ethics and Professional Regulation, 3rd Edition
Richard Devlin, Alice Woolley, Brent Cotter, and John M. Law
This text is a comprehensive discussion of the professional responsibilities of lawyers in Canada.
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The Paris Agreement on Climate Change: Analysis and Commentary
Meinhard Doelle, Daniel Klein, Maria Pia Carazo, Jane Bulmer, and Andrew Higham
The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change.Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.
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The Paris Agreement on Climate Change: Analysis and Commentary
Meinhard Doelle, Daniel Klein, Maria Pia Carazo, Jane Bulmer, and Andrew Higham
The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.
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