Documents found
-
2031.More information
Closely linked to recently published works such as Gift of Death (1999) and Demeure. Maurice Blanchot (1998) where, among other questions, the status of pardon, of promise, of lie and of testimony is questioned, and probed their undecidable “truth” in the register of literary fiction, this analysis of French writer and translator Henri Thomas' text is primarily concerned with the figure of the “parjure” (a word not easily translated, or even translatable, in the Anglo-American language). Le parjure transposes some fragments of the life of theoretician and critic Paul de Man, the friend who bonds together Henri Thomas and Hillis Miller (to whom this text is dedicated), and the author himself, who has already written many texts “on” and “for” Paul de Man. The reading traces most precisely the “brusques sautes de syntaxe” disrupting the storytelling, particularly marked by the (not just) rhetorical figure of the anacoluthon. These sudden breaches, as the interruptive slips of Albertine's lies in the Recherche, shift the storytelling into troubled zones, where the author convokes the essential figures of the “perhaps” and of the “as if” who haunt, in his eyes, the literary fiction. If one can no longer make the difference, in the absence of all proof, between lying and storytelling, what then of truth and its effects, and moreover of the secret of literature, of the responsibility bestowed on the witness, the analyst of sort to whom the strange event of this real fiction has been confided ?
-
2032.
-
2033.More information
When it comes to abortion, one inevitably must treat women right to take a decision about their pregnancy, a decision that touches private life very much: the right to a good health for a woman. On the other hand, there are limits for people's rights, mainly when these trample another person's. In the case of abortion, the other “person” here is the child to be born. Is it considered a person in the legal sense of the word? Social debate contains emotional parts which puts legislators and magistrates through the planet in embarrassing situations, to a point where Canada's criminal code has no dispositions on this case for over a decade. George W. Bush used the pro life argument during his election campaign in 2000, promising to reinforce the national legislation and on the wake of the Roe v. Wade case. Without being controversial, the author of this item decides to do a gazette of the national legislation and international conventions on this subject and analyzes future practices in the U.S. legislation and the recent developments at the time of the multilateral lectures. The reader is free to draw his/her own conclusions.
-
2035.More information
The subject of this paper is the request for interpretation before the ICJ and arbitration tribunals. Exception made to the res judicata principle, the request for interpretation appears to be a development of the petition for review of the article 61 of the Court's Statut. As pointed out by the author, such request is not common and the court quite reluctant to open it. The author examines on the basis of case studies (11 decisions of IPCJ, ICJ and arbitration chambers): the nature of the request for interpretation, the necessity to obtain the approval of both parties, the conditions to his application and the rules of procedure. Finally, he concludes with the reluctance of the court and arbitrator to allow such request and try to explain it. For him, the reluctance reflects the apprehension of the States in front of a possible frequent use of this procedure, especially taking into account the actual context in which international law is evolving. From a State point of view, the risk concerning a too frequent use of such request is essentially that the parties will not execute a decision which otherwise would be compulsory.
-
2036.More information
In the last few years, the international community has developed the will to punish the authors of crimes of war and crimes against humanity. Such a will has found expression in the establishment of international tribunals for the conflict in Rwanda and for the conflict in the Former Yugoslavia, as well as in the recent ratification in Rome of the treaty for the constitution of the International Criminal Court. Despite these developments, it is reasonable to ask whether this will doesn't in fact remain but a pious wish. This article examines the question from the angle of the obligation in international law for States to apprehend or extradite the authors of international crimes, an obligation which has existed for a number of years and which is found in many international conventions and treaties. Its sources as well as its implications for signatory States are presented by and the thesis advanced by some internationalists that the obligation to apprehend or to extradite should be classified as a customary norm is considered.
-
2037.More information
In Sharp, the Supreme Court of Canada was confronted with the relationship between private international law, public law and the test for interpreting the territorial scope of statutes. In declaring the applicability of the international jurisdiction rules of the Civil Code of Québec to an application by the AMF to impose administrative sanctions under the Securities Act, the Court rejects the premise that the object of private international law consists of international private law relationships. This article argues the opposite view and provides a critical analysis of the approach taken to determine the jurisdiction of the TAMF under the Civil Code, and of the complementary relationship that the Supreme Court of Canada has found between private international law and the sufficient connection test in Unifund.
Keywords: Sharp, Unifund, Sharp, Unifund
-
2038.More information
Administrative organisms were meant to be different than judicial tribunals. Thus, courts must avoid imposing their own modus operandi: rather, they should respect the autonomy and expertise of such organisms.
-
2039.More information
Section 10 of the Quebec Charter of Human Rights and Freedoms has reached a turning point in its short history. The 80's were characterized by doctrinal writings in which several authors contributed to fleshing out the meaning and scope of the equality clause. One of the positions advanced and subsequently confirmed in 1994 by the highest court of the province, sets out the ambit of the right to non-discrimination, the application of which is limited to the rights and freedoms of the person. In other words, section 10 is a "form of particularization" of other rights and freedoms. Although this feature has been generally accepted, no writer, as far as we know, has made a thorough study of its actual consequences. This aspect is nevertheless essential since it defines the very role of section 10 in the Charter. The purpose of this paper is to present the particular relationship between the equality standard and the other rights and freedoms recognized by the Charter. One must inevitably take into consideration the most recent interpretation of section 10 by the Quebec Court of Appeal in light of the Supreme Court decision in Law v. Canada dealing with section 15 of the Canadian Charter of Rights and Freedoms. The Quebec equality clause would appear to be at an impasse.
-