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Principles and Practice of Civil Procedure in Hong Kong

Elsa Kelly and Camille Cameron

The second edition of the leading work Principles and Practices of Civil Procedure in Hong Kong provides a comprehensive explanation of the nature and operation of Hong Kong's procedural rules. Over 2,000 new cases have been considered in publishing the second edition.

Civil Justice Reform become effective in early 2009. Practitioners need to prepare in advance for a very different litigation landscape, in particular how to best utilize the changes for the benefit of clients. Anticipating this need, the second edition of Principles and Practice of Civil Procedure in Hong Kong contains initial and extensive consideration of the changes. Discussion of more fundamental changes, for example, pre-action disclosure and the new payment into court regime has been placed in text boxes for ease of use.

Principles and Practices of Civil Procedure in Hong Kong also includes a CJR supplement that will publish in 2009 and will focus on the analysis and impact of fundamental changes in Civil Practice post effective date of April 2, 2009.
Canadian Environmental Protection Act and Commentary

Meinhard Doelle

Fully updated, this concise guide to the CEPA is designed for environmental law practitioners and organizations, and industries and corporations in Canada. The book provides an overview of the Act and its relevance to a range of stakeholders, its role in implementing Canadian obligations under the Kyoto Protocol, and its regulation of toxic substances and specific industries, plus an overview of enforcement mechanisms under the Act. Other features include the full text of the Act, more than 40 selected regulations and pertinent substances lists.
Canadian Environmental Protection Act and Commentary

Meinhard Doelle

Fully updated, this concise guide to the CEPA provides an overview of the Act and its relevance to a range of stakeholders, its role in implementing Canadian obligations under the Kyoto Protocol, its regulation of toxic substances and specific industries, and more.
The Federal Environmental Assessment Process - A Guide and Critique

Meinhard Doelle

Analyzing what has become a mandatory process in Canada for a wide range of activities federally, in provinces and territories, and under Aboriginal self-government agreements, this title provides expert commentary, practical advice, case law and research tools.
The Federal Environmental Assessment Process: A Guide and Critique

Meinhard Doelle

Analyzing what has become a mandatory process in Canada for a wide range of activities federally, in provinces and territories, and under Aboriginal self-government agreements, this title provides expert commentary, practical advice, case law and research tools.
The Law of Bilingual Interpretation

Naiomi Metallic, Michel Bastarache, Regan Morris, and Chris Essert

Butterworths The Law of Bilingual Interpretation provides judges and practitioners with a clear guide for applying the constitutional rules when faced with the various situations that can arise from inconsistencies in bilingual legislation.
Nova Scotia Civil Procedure Rules

Rollie Thompson

The Civil Procedure Rules govern proceedings in Nova Scotia's Court of Appeal and Supreme Court. They are made and amended by the Judges of the Supreme and Appeal Courts under the authority of the Judicature Act. The Supreme Court has a "Bench Rules Committee" which consists of 10 judges. One judge is from the Court of Appeal. Working groups and sub-committees make recommendations and report to the Bench Rules Committee for final decisions on additions or amendments to the Rules and Forms.

The current version of the Civil Procedure Rules were developed by the Judges of the two Courts on June 6, 2008. Part 13 - Family Proceedings, was completed in April 2010. These rules went into effect on Jan. 1, 2009, and June 30, 2010, ( Part 13 - Family Proceedings), except as provided in Part 19 - Transition, Rule 92. The earlier version of the Rules dated back to 1972.
The Legal Guide for Canadian Churches

David Blaikie and Diana Ginn

Required reading for every Canadian pastor, church administrator, and parish council member. Wrongful dismissal, potential liability for the actions of employees or volunteers, a parishioner slipping on icy church steps... these are just some of the legal issues that should be of concern to every Christian church and parish community in Canada. Recognizing that most people working in the church need guidance when confronting church-related legal issues, lawyers (and long-term church members) David Blaikie and Diana Ginn have assembled a comprehensive legal overview, coupled with practical advice, that will be required reading for every Canadian pastor, church administrator, and parish council member. This handy reference book begins with a general overview of the way the law works and then takes readers, step by step, through all the legal implications of the daily operation of a church and parish community. Blaikie and Ginn then explain different areas of the law, including administrative law, property law, employment, civil liability, and copyright law. In addition to addressing culpability and risk reduction, the authors deal with those aspects of government regulation and criminal law that can have an impact on the daily life of a church community.
Places of Refuge for Ships: Emerging Environmental Concerns of a Maritime Custom

Aldo Chircop

This book is about the contemporary problem of places of refuge for ships in need of assistance. There is an uncodified humanitarian custom providing a right to a ship in distress to assistance and protection by coastal authorities, including access to a place of refuge when necessary. With modern ships carrying large volumes of hazardous cargo and fuel, a disabled ship can pose a significant threat to the marine environment and interests of an affected coastal state. After being refused refuge, the ‘Erika’ and ‘Prestige’ became casualties causing severe environmental damage. Today, while the humanitarian right to assistance remains, the threat to the marine environment and the coastal state has to be considered in the granting of refuge. Written by scholars and practitioners, the book consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
Consumer Protection Online

Michael Deturbide and Sunny Handa

In the first book to collect and review ALL of Canada's legislation protecting both buyers and sellers in online environments, as of April 2006, author Michael Deturbide indicates critical gaps in Canada's information technology laws and draws on legislation from the U. S. and the European Union to recommend urgently needed reforms.
Unravelling the Myth around Open Source Licences - An Analysis from a Dutch and European Law Perspective

Lucie Guibault and Ot Van Daalen

Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the United States. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or does it rather impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By its in-depth analysis and clear conclusions,Unravelling the Myth around Open Source Licences amply contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements.
Unravelling the Myth around Open Source Licences - An Analysis from a Dutch and European Law Perspective

Lucie Guibault and Ot Van Daalen

Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the United States. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or does it rather impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By its in-depth analysis and clear conclusions,Unravelling the Myth around Open Source Licences amply contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements.
Critical Disability Theory: Essays in Philosophy, Politics, Policy, and Law

Dianne Pothier and Richard Devlin

People with disabilities in Canada inhabit a system of deep structural, economic, social, political, legal, and cultural inequality – a regime of dis-citizenship. Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. They are socially constructed as second-class citizens.

Conventional understandings of disability are dependent on assumptions that characterize disability as misfortune and by implication privilege the “normal” over the “abnormal.” Consequently, it is presumed that societal organization based upon able-bodied and -minded norms is inevitable and that the best we can do is show sympathy or pity. The essays Critical Disability Theory contend instead that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness.

This book argues that we need new ways to think about the nature of disability, a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements. Twenty-four scholars from a variety of disciplines come together here to identify the problems with traditional approaches to disability and to provide new directions. The essays range from focused empirical and experiential studies of different disabilities, to policy analyses, legal interrogations, and philosophical reconsiderations. The result will be of interest to policy makers, professionals, academics, non-governmental organizations, and grassroots activists.
Towards Principled Oceans Governance: Australian and Canadian Approaches and Challenges

Donald R. Rothwell and David VanderZwaag

Australia and Canada have been at the forefront of efforts to operationalize integrated oceans and coastal management. Throughout the 1990s both countries devoted considerable effort to developing strategies to give effect to international ocean management obligations.

This key book focuses on principles of marine environmental conservation and management, maritime regulation and enforcement, and regional maritime planning and implementation. With contributions from respected scholars, this informative book collectively assesses the obligations, compliance, implementation and trends in international ocean law, particularly in giving effect to an Oceans Policy, regional maritime planning, international oceans governance, and maritime security. This book will be of interest to all academics involved with maritime studies and international law.
Places of Refuge for Ships: Emerging Environmental Concerns of a Maritime Custom

Aldo Chircop and olof Linden

This book is about the contemporary problem of places of refuge for ships in need of assistance. There is an uncodified humanitarian custom providing a right to a ship in distress to assistance and protection by coastal authorities, including access to a place of refuge when necessary. With modern ships carrying large volumes of hazardous cargo and fuel, a disabled ship can pose a significant threat to the marine environment and interests of an affected coastal state. After being refused refuge, the ‘Erika’ and ‘Prestige’ became casualties causing severe environmental damage. Today, while the humanitarian right to assistance remains, the threat to the marine environment and the coastal state has to be considered in the granting of refuge.
Written by scholars and practitioners, the book consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
Critical Disability Theory: Essays in Philosophy, Politics, Policy and Law

Richard Devlin and Dianne Pothier
From Hot Air to Action? Climate Change, Compliance and the Future of International Environmental Law

Meinhard Doelle

The work considers the climate change regime including the Kyoto Protocol in a broader international context. Specifically, it considers the connection between the climate change regime and other major international regimes such as the WTO, International Human Rights, Multilateral Environmental Agreements, etc. It particularly considers the role of enforcement, dispute resolution, and compliance in the future of the Kyoto Protocol and the climate change regime.
Litigation I: Civil Procedure

Jill Hunter, Camille Cameron, and Terese Henning

A textbook on civil procedure, court proceedings, and litigation in Australia.
Litigation II: Evidence and Criminal Process

Jill Hunter, Terese Henning, and Camille Cameron

A textbook on evidence, criminal procedure, and court proceedings in Australia.
The Aegean Sea After the Cold War: Security and Law of the Sea Issues

Aldo Chircop

The book contains contributions of scholars from Canada, Greece, Israel, Italy, and the United States. Section 1 consists of studies on historical and security issues, with contributions on the historical background of Greco-Turkish relations, British perspectives on these relations after World War II, the role of NATO, Greece's defense strategy, and the balance of power between Greece and Turkey. Section 2 addresses law of the sea and governance issues, and includes studies on Greece and the law of the sea, maritime boundaries in the Mediterranean, the Imia Rocks crisis, human security and governance, fisheries management, water resources management, joint development zones, and dispute settlement in the law of the sea.
The Aegean Sea After the Cold War: Security and Law of the Sea Issues

Aldo Chircop, André Gerolymatos, and John O. Iatrides

The book contains contributions of scholars from Canada, Greece, Israel, Italy, and the United States. Section 1 consists of studies on historical and security issues, with contributions on the historical background of Greco-Turkish relations, British perspectives on these relations after World War II, the role of NATO, Greece's defense strategy, and the balance of power between Greece and Turkey. Section 2 addresses law of the sea and governance issues, and includes studies on Greece and the law of the sea, maritime boundaries in the Mediterranean, the Imia Rocks crisis, human security and governance, fisheries management, water resources management, joint development zones, and dispute settlement in the law of the sea.
Multimodal Transport Rules

Hugh Kindred and Mary Brooks

For traffic managers, logistics service providers, multimodal operators, carriers and other transport executives, as well as their legal advisors, this book provides needed information about the Multimodal Rules. It details the liabilities that may be incurred under the alternative rules and provides the facts to make informed decisions about managing risks in multimodal contracts. The book makes a complex system plain and provides a clear picture of the commercial risks and legal responsibilities involved in modern multimodal transport operations.
Law in Transition: A 25 Year Retrospective

Nicholas Rafferty and Richard Devlin FRSC

This book of essays was the brainchild of the former Dean of the Faculty of Law at the University of Calgary, Connie Hunt. It was her belief that the Faculty of Law should provide some lasting contribution to celebrate the Twenty-Fifth Anniversary of the University of Calgary as an independent institution. This book represents the fruit of the Faculty's labours in that regard. The original idea was that the book would investigate, from an Albertan perspective, legal developments over the past twenty-five years. Thus, six of the nine articles included here adopt something of an Albertan focus. The other three, however, are more generally Canadian in their content, and one of these being a work on legal theory, both transcends boundaries and avoids any overt twenty-five year stance.
Canadian Perspectives on Legal Theory

Richard Devlin
Canadian Perspectives on Legal Theory

Richard Devlin

The purpose of this book is to fill, what I perceive to be, a serious gap in Canadian legal education materials: the absence of a contemporary and indigenously Canadian book on jurisprudence. All too often, those of us who teach legal theory are forced to draw upon either British or American sources or to create our own in-house materials. Even in the latter scenario, however, there is a tendency to incorporate primarily non-Canadian sources. There is, of course, nothing wrong with free trade in scholarship, but here is something amiss when Canadian jurists get short shrift in the process. This collection does, I believe, present a reasonably comprehensive introduction to the primary issues and competing perspectives that currently capture the Canadian legal theoretical imagination.