Documents found
-
3691.More information
Despite the conscription crisis of 1917 and the tensions between English and French concerning Canada's involvement in the Great War, over 30,000 French Canadians went overseas. They became famous for their bravery at the battles of Ypres, Courcelette and Vimy. A certain ambivalence towards the “Mother Country” (Canada? England? France?) became evident among these French-speaking soldiers most of whom fought under the British flag. Also of note was a certain mistrust of the military hierarchy and of British colonial authorities. Rare firsthand evidence published in French between 1914 and 1920 allows us to view this episode of Québec history from a new angle, that of humour. In an attempt to ward off death and sidestep wartime censorship, these accounts use subversive strategies such as humour, irony and sarcasm. This kind of writing may be found in the accounts of some of these French Canadian soldiers between 1914 and 1920. Most of them served in English uniforms: Henri Chassé, Claudius Corneloup, Arthur J. Lapointe, A. and W. Audette, Joseph A. Lavoie and Moïse E. Martin. Paul Caron, the only one to die at the front, enrolled in the French army: this determined nationalist said he was fighting for France and was opposed to “British navalism and imperialism.”
-
3693.More information
Over the last fifteen years, several European countries have adopted or updated legislation allowing class action lawsuits. This has incited significant debate over whether a class action mechanism should be available across the European Union for victims of antitrust violations. The following Article addresses this debate, which has entered a final stage with the White Paper on damages actions for breach of the European Community antitrust rules, published in 2008 by the European Commission.First, this Article explores how the implementation of a class action mechanism has become essential to European antitrust law, and addresses the caution that must be used in its development. It shows that an antitrust class action suit is not only desirable, but also necessary under European law, and that the mechanisms currently available to antitrust victims are insufficient to obtain relief. Then, this Article introduces a new form of class action, adapted to the needs and legal traditions of Europe. This mechanism combines the opt-out and opt-in systems, using the amount of potential individual damages as a criterion for differentiation. The purpose of this proposal is not only to counter classic class action flaws, abusive litigation and principal-agent problems, but also to maintain an optimal deterrent to discourage possible antitrust offenders.
-
3694.More information
The regulation of the international society rests upon the creation and application of international law, one of its fundamental principles being the peaceful settlement of disputes. Peace, defined as the absence of war, has been for a long time one of the biggest challenges facing international law. Even if war is co-substantial to humanity, peace, on the other hand, appears as imprinting itself in the field of ever-growing possibilities. Indeed, there are values which are the object of universal consensus, such as the protection of human rights. Furthermore, the attempt of reuniting the interests of the international society highlights the efforts deployed by the international community of States to preserve the constraining character of the peaceful settlement of disputes so as to maintain war in the “outlaw” space. The passage from nature (from war) to culture (to peace) implies the application of certain ways and tools that are largely identifiable and identified. It involves the maintenance and reinforcement of the category of norms of the jus cogens while matching them with efficient ways in order to guarantee that they will be respected. The disarmament as well as the increasing juridical character of international life, through the International Court of Justice and the International Criminal Court for instance, contributes to the notion of enduring peace.
-
3695.More information
The multiplication of the private military and security companies as well as their increasing presence in war zones are raising numerous questionings beyond the (complex) subject of the status of these companies within the humanitarian international law. We shall here try to determine the impact of this "privatization of war" on the evolution of the public international law and, quite particularly, on the international humanitarian law. More precisely, can we assume that the international humanitarian law will gradually conform to the requirements of a market of war? In this respect, we shall here try to demonstrate that the commercial logic which presently prevails regarding the regulation of these companies is part of a historic course, inside of which the private actors present in war zones were granted a fluctuating legitimacy. This paper will be divided into three sections. Firstly, we will examine the presence of private actors within armed conflicts in a historical perspective in order to bring to light the relative novelty of the idea of the State's monopoly on legitimate violence. Secondly, we shall analyze the underlying causes of the appearance and the following multiplication of the private military and security companies, as well as their status within the international humanitarian law. Lastly, we will present a reflection on the impact of the "privatization of war" on the public international law and, more precisely, on the international humanitarian law.
-
3696.More information
The Judgment pronounced in the case concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) was a new opportunity for the International Court of Justice to demonstrate its ability to deal with environmental matters. Through a dynamic and evolutionary interpretation of the Statute of the River Uruguay, the Court gives an equilibrated decision, reaffirming the pertinence of fundamental principles of international environmental law in the field of non-navigational uses of international watercourses. However, the Court missed the opportunity to consecrate the precautionary principle as a norm of customary international law. Furthermore, it experiences difficulty in the handling of scientific dimension of environmental disputes as showing by the question of participation of experts in the proceedings.
-
3698.More information
On 21 July 2010, the President of the United States of America promulgated the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to stock market transactions in the country. Some provisions of this law have effects in the Democratic Republic of the Congo, namely section 1502 entitled "Conflict Minerals". This paper analyzes the legality of this section under international law, regarding the principle of state sovereignty and the notion of the reserved area. It shows that the section 1502 appears to recognize the role of the DRC in the management of its natural resources, but wonders if a conflict is possible between, on one hand, the powers attributed in this section to US authorities in the struggle against the conflict minerals, and, on the other hand, the powers that the DRC must exercise over its natural resources and on economic activities taking place on its territory. Finally, it warns that with the issue of conflict minerals there is an emerging risk for the DRC to see the management of its natural resources internationalized.
-
3699.More information
Some topics appear recurring in international law doctrine and international law subjects are obviously one of those. If sovereign States are classically recognized as the first and unique subject of international law, the multiplication of actors on the international scene leads other entities to pretend to achieve this craving status. In front of the doctrine's variations and hesitations, practice, taking the form of case law and positive law, shows an evident pragmatism towards non-state actors (either natural person or legal entity). They indeed progressively recognize to these other international actors that the traditional doctrine excludes (excluded?) from the closed category of subjects of international law, rights and obligations. Faced with this situation, the doctrine is somehow forced to evolve. The reciprocal dialogue between practice and doctrine allows then international law to grow up towards adulthood taking into account the reality and diversity of contemporary international relations. The diversification of international law subjects is therefore not a useless complexity of international law, but the sign of its developing maturity.
-
3700.More information
The transformations in the organization of collective action to combat climate change are marked by the growing presence of infra-state and non-state entities. It is in this context that the carbon market architecture of the Western Climate Initiative has emerged. It is embodied by a linking agreement signed in the fall of 2017 by California, Québec and Ontario. However, is the architecture offered in this agreement able to effectively provide the carbon market with the legal and institutional foundations necessary for its maturation and enable the achievement of its environmental and economic objectives? Written from a Québec perspective, this article aims at detailing the institutional functions of the linking agreement and at teasing out the legal issues raised by their implementation.
Keywords: Tarification du carbone au Québec, Western Climate Initiative, clubs de marchés du carbone, Accord de Paris, liaison du marché du carbone du Québec, enjeux de l'Entente de liaison, fonctions institutionnelles, portée juridique, Carbon pricing in Québec, Western Climate Initiative, carbon market clubs, Paris Accord, Québec carbon market linkage, linking agreement issues, institutional functions, legal scope