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Bordering on Failure: Canada-U.S. Border Policy and the Politics of Refugee Exclusion
Efrat Arbel and Alletta Brenner
On November 26, 2013, the Harvard Immigration and Refugee Clinic (HIRC) released a comprehensive report titled “Bordering on Failure: Canada-U.S. Border Policy and the Politics of Refugee Exclusion”
In June 2012, the Canadian government ushered in sweeping reforms to Canada’s refugee system. These reforms brought debates about Canadian refugee protection to the forefront of legal and political discourse. In advancing these reforms, the Canadian government has asserted that Canada’s refugee system is among the most generous and compassionate in the world. Canada’s doors, the Canadian government has stated, remain open to legitimate refugees. This report evaluates these claims by examining the U.S.-Canada Safe Third Country Agreement and border measures implemented under the rubric of the Multiple Borders Strategy, and analyzing their effects on asylum seekers. A detailed examination of these measures is necessary to evaluate the generosity of Canada’s refugee system, and to accurately frame debates about Canadian refugee protection. This report concludes that through the Safe Third Country Agreement and the Multiple Borders Strategy, Canada is systematically closing its borders to asylum seekers, and circumventing its refugee protection obligations under domestic and international law. While Canada has a valid interest in regulating its borders to ensure refugee protection is reserved only for genuine refugees, neither the Safe Third Country Agreement nor the Multiple Borders Strategy effectively serve this interest. Instead, these measures deter, deflect, and block asylum seekers from lawfully making refugee claims in Canada in arbitrary and unprincipled ways, and do not effectively serve the goal of protecting the integrity of the Canada-U.S. border. Examining these measures, this report finds: 1. Canada is systematically closing its borders to asylum seekers and avoiding its refugee protection obligations under domestic and international law; 2. Through the Safe Third Country Agreement, Canada jeopardizes asylum seekers’ ability to obtain fundamental legal protections by returning them to the United States despite clear deficiencies in the U.S. asylum system; 3. The Safe Third Country Agreement has prompted a rise in human smuggling across the Canada-U.S. border, making the border more dangerous and disorderly, and raising security concerns for Canada and the United States.
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Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources
Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, and Leonardo Bernard
This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea.
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The Experience of Tragic Judgment
Julen Etxabe
Adjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual world is not to be found, as many would suppose, in an impersonal set of procedures with which all participants could be treated as having rationally agreed. The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgments draws upon Sophocles’ play Antigone in order to consider this difficulty and the virtues that attend its acknowledgment. Based on the transformative experience that the audience undergoes in engaging with this play what is proposed is a reconceptualization of judgment: not as it is generally thought to occur in a single isolated moment, like the falling of an axe, but rather as an experience that develops in and through space and time.
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The Choreography of Resolution: Conflict, Movement, and Neuroscience
Andrew Floyer Acland, Carrie L. MacLeod, and Michelle Lebaron
The Choreography of Resolution explores how conflict, movement and neuroscience are all intertwined and the effects each factor plays in resolution.
[From The Choreography of Resolution: Conflict, Movement, and Neuroscience]
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Canadian Intellectual Property Law: Cases and Materials
Greg Hagen, Cameron Hutchison, David Lametti, Graham Reynolds, Teresa Scassa, and Margaret Ann Wilkinson
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The 2013 Annotated Bankruptcy and Insolvency Act
Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra
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Market-Based Instruments: National Experiences in Environmental Sustainability, Critical Issues in Environmental Taxation, Volume XIII
Larry Kreiser, David G. Duff, Janet E. Milne, and Hope Ashiabor
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Regulating Internet Gaming: Challenges and Opportunities
Ngai Pindell and Anthony Cabot
Internet gaming sparks controversy from corporate board rooms to legislative hallways. Unlike traditional casinos, the Internet permits people to engage in gaming activities from virtually anywhere over computers and mobile devices. Governments and policy makers looking at this activity struggle with such questions as whether regulation can assure that Internet gaming can be restricted to adults, the games offered are fair and honest, and players will be paid if they win. This book is a timely collection of eleven chapters discussing key considerations and model approaches to internet gaming regulation and outlining the important questions and emerging answers to regulating gaming activity outside of land-based casinos.
Some of the regulatory insights are taken from lessons learned in the land-based casino industry and others from the relatively newer experiences of international internet gaming providers. Contributors are among the world’s leading experts on Internet gaming. They focus on structural concerns including record-keeping, managing different taxing regimes, maintaining effective controls, protecting customer funds, and preventing money laundering, as well as on policy concerns ensuring responsible play, the detection of fraud, reliable age verification, and the enforcement of gaming laws and norms across jurisdictions. Internet gaming is an emerging field, especially in the U.S., and the contributors to this book provide regulatory examples and lessons that will be helpful to lawyers, policy makers, gaming operators and others interested in this burgeoning industry.
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China's Legal System
Pitman B. Potter
The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
[From The Chinese Legal System: Globalization and Local Legal Culture - 1st]
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Advancing Canada's Engagement with Asia on Human Rights: Integrating Trade and Human Rights
Pitman B. Potter, Joseph K. Ingram, Robert G. Wright, Douglas Horswill, Sharon K. Hom, and National Conversation on Asia Task Force
The National Conversation on Asia is a broad and inclusive initiative by the Asia Pacific Foundation of Canada to get Canadians thinking and talking about what Asia means to Canada. It is supported by Asia-engaged individuals, companies and organizations across Canada.
NCA Task Forces examine and formulate policy recommendations on strategic issues in the Canada-Asia relationship. Broad consultations with government, community and industry leaders, experts and stakeholders are an integral part of each Task Force’s activity.
This report is the third in a series of NCA Task Force reports. The first taskforce report, Securing Canada’s Energy Future, was released in June 2012. All reports are available at www.asiapacific.ca.
For more information, see www.nationalconversationonasia.ca.
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Report from the Rosenberg International Forum: The Mackenzie Basin
Rosenberg International Forum's Workshop on Tranboundary Relations in the Mackenzie River Basin and Gordon Christie
The Rosenberg International Forum on Water Policy released this report based on the findings of a 2012 workshop on transboundary relations in the Mackenzie River Basin. The workshop, which took place in Vancouver from Sept. 5 to 7, 2012, convened several experts in the fields of law, economics and various scientific disciplines with the goal of looking at the legal and scientific principles relevant to creating a co-ordinated basin-wide approach to management. The workshop was co-hosted by The Gordon Foundation and Simon Fraser University’s Adaptation to Climate Change Team.
The Mackenzie River Basin is Canada’s largest drainage basin at 1.8 million sq. km – 20 per cent of Canada’s landmass – and is among the most intact large-scale ecosystems in North America. While the Basin is relatively undisturbed ecologically, it is at risk from both a warming climate and extractive and hydrological industries. These large forces of change threaten the Basin’s ecology, as well as its role as a homeland to aboriginals and northerners who rely on the land and its resources to provide food, clothing, water and other necessities of life.
[From Rosenberg International Forum: The Mackenzie Basin - The Gordon Foundation]
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Rescue!: The Companies' Creditors Arrangement Act, 2nd ed.
Janis P. Sarra
The going-forward solution to a firm's financial distress depends on the reasons for insolvency, the firm's capital structure, viability of its business plan, effectiveness of its directors and officers, and the availability of capital to refinance or purchase the business.
Rescue! The Companies Creditors Arrangement Act, Second Edition is an indispensable guide to navigating the complexities of Canadian insolvency restructuring law. This book offers a comprehensive analysis of current and expected developments in this important area of law and practice and helps the reader gain an edge with insight into the latest decisions and developments shaping the Companies Creditors Arrangement Act (CCAA).
With this book, you can
Rely on the expertise of a leading insolvency authority
Janis Sarra is an insolvency authority, a leading law professor, and Editor-in-Chief of the Annual Review of Insolvency Law. In this convenient resource, she identifies and meticulously analyzes the most recent and most significant decisions to shape the CCAA to give an expert understanding of the issues that will affect your next proceeding.Reduce research time
The author zeroes in on all cases relevant to the CCAA and sheds fresh light on their impact. You'll anticipate new issues that could arise at every stage of the proceeding, and learn how to navigate them effectively.Avoid commonly overlooked issues
When the case law so dominates the legislation, it can be challenging to ensure you've done absolutely everything to your client's advantage. This resource takes you through every step of proceedings under the CCAA, highlights the cases that impact each step, offers practical advice, and gives you valuable practice tools, such as model orders and a sample plan of arrangement.[From Rescue! The Companies Creditors Arrangement Act, Second Edition | Thomson Reuters]
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Canadian Income Tax Law, 4th ed.
David G. Duff, Benjamin Alarie, Kim Brooks, Geoffrey Loomer, and Lisa Philipps
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