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Archive for ‘Substantive Law: Foreign Law’

Recent Developments in Foreign State Immunity

The visibility and relevance of foreign state (or sovereign) immunity has grown significantly in recent years. States and state-related entities are playing a growing role in international investment and commerce, while seeking civil remedies against states in domestic courts is increasingly seen as an important tool in holding states accountable for torture or other breaches of human rights.

State immunity, in its most traditional formulation, is the rule that a domestic court will not implead a foreign state in its proceedings without the state’s consent. It is, in effect, the expression of judicial deference to the executive’s responsibility . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

House of Lords, Shari’a Law and the Grant of Asylum

The House of Lords has just released a judgment, Em (Lebanon) (Fc) (Fc) v. Secretary of State For The Home Department [2008] UKHL 64, of some interest.

A mother and her seven-year-old son from Lebanon sought asylum in the U.K., claiming a right to remain under article 8 of the European Convention on Human Rights read in conjunction with article 14. She had been granted a divorce from her husband in Lebanon and had actual custody of their child; when the boy would turn seven, Shari’a law would automatically pass all custody, legal and actual, to the father; . . . [more]

Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Comparative Law – Ghanian Law Now More Accessible

I’m surprised that we haven’t talked about Ghana in Slaw – especially ((as every articling student in a corporate rotation knows)) the grand-daddy of modern corporate law statutes in the Commonwealth ((Yes, older than the Dickerson Report which led to the CBCA or the Iacobucci/Prithard/Pilkington report which spawned the ABCA)) was the work which Jim Gower did on company law in Ghana in the late Fifties ((See Reform of Company Law in Ghana, Journal of African Law, Vol. 2, No. 3 (Autumn, 1958), pp. 140-142)). Gower’s life is one example of a dying breed, the peripatetic English academic/law reformer . . . [more]

Posted in: Legal Information, Substantive Law: Foreign Law

Guantanamero. Guajiro, Guantanamero.

The song has travelled the world, and is recognizable worldwide as a classic Cuban folk tune about a local girl.

Except that’s not what it was always about.

Although the song was first written by José Fernández Diaz around 1929, the modern lyrics can be traced back to a poem, Versos Sencillos, written by a Cuban nationalist named José Martí (1853-1895).

Martí, who studied law in Spain while in exile from Cuba, served as joint consul for Uruguay, Paraguay, and Argentina in New York in 1881. He actively lobbied for Cuban independence from American ambitions to annex the island. . . . [more]

Posted in: Substantive Law, Substantive Law: Foreign Law

Indian Courts on Search Engines

Indian courts have recently become involved in two issues affecting the operation of search engines in that country.

According to the Hindu Times, the Supreme Court in New Delhi has “issued notice” to various search engine companies — Microsoft, Google, Yahoo, etc. — on a petition claiming their violation of the Preconception and Prenatal Diagnostic Techniques Act because of advertising on their sites promoting sex selection techniques. The companies have not yet responded to the petition. (See also the story in the Straits Times.)

In Mumbai, a local company wishes to sue a blogger who goes by the . . . [more]

Posted in: Substantive Law, Substantive Law: Foreign Law

Significant High Court Decision on Justiciability of a Referendum on Lisbon Treaty

Stuart Wheeler has lost a High Court case in his bid for a referendum on the Lisbon Treaty.

Two judges rejected the millionaire’s claim that there was a “legitimate expectation” of a public vote. The Beeb summarizes the decision well, the Guardian has the key findings of the case, and Bailii has the entire decision. It has quite a style of cause: The Queen (on the application of Wheeler) v. Office of the Prime Minister, Secretary of State for Foreign and Commonwealth Affairs and Speaker of the House of Commons . . . [more]

Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

UK and Scottish Law Commissions Propose Repeal of Hundreds of Old Statutes

The Law Commissions of the UK and Scotland yesterday published their 18th in a series of proposed statute law repeals. A draft Bill containing the proposed repeals will be introduced soon into the House of Lords.

“In reforming the law, the Law Commission does not just propose new laws. It also proposes the repeal of laws that have become obsolete. The purpose of our statute law repeals work is to modernise and simplify the statute book, reduce its size and save the time of lawyers and others who use it. This in turn helps to avoid unnecessary costs. It

. . . [more]
Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law: Foreign Law

Gathering in Support of the Defenders of the Rule of Law

The notice below went out to lawyers in Ontario and their staff; a similar event took place Sunday in Ottawa.


Show your support for the rule of law

In response to the situation in Pakistan, the Law Society of Upper Canada and the Ontario Bar Association invite you to attend a . . . [more]

Posted in: Substantive Law, Substantive Law: Foreign Law