Confronting Discrimination and Inequality in China

Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower

The Troublesome Workings of the Judgments Convention of the European Economic Community

The problems involved in the jurisdiction by consent provisions in article seventeen and the special rules for insurance claims in articles seven through fifteen have to some extent been dealt with by the provisions of the Judgments Accession Convention as have the problems arising under the hire purchase and credit sale transactions. Nevertheless, a comprehensive definition of the term consumer sale is needed from the European Court. There can be little doubt that both lawyers and litigants who are affected by the Convention, would prefer to operate under the conflict of laws rules of their own nations which, although complex, were nevertheless familiar. The Convention will involve more lawyers and litigants in the civil and commercial law procedures and substantive laws of other contracting member states. Although this may result in the confusion of lawyers, litigants and judges, the substance of the Convention is founded on entirely feasible and practical concepts. There can also be no doubt that the free movement of judgments, rights and liabilities are essential to the workings of a Common Market

Confronting Discrimination and Inequality in China

Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower

Chapter Fifteen. The Canadian Constitution and Charter of Rights and Freedoms

INTRODUCTION The rights of minorities are an arena that is becoming perhaps the principal battle ground for human rights in the 21st century. Recent history would seem to offer a stunning paradox: that the federal state may not be the best form of human governance for societies with multi-ethnic populations. The former Soviet Bloc had nine states, six of which were unitary states while three were federal in structure. With the unification of Germany, the six unitary states are now five, but t..

The Canadian National Energy Program: An Example of Assertion of Economic Sovereignty or Creeping Expropriation in International Law

The Canadian National Energy Program provides insight into the critical global debate on the expropriation of alien investors\u27 property. Sovereign states can no longer expropriate by forced and outright transfers of an alien\u27s assets without any compensation. States which expropriate in this manner face massive retaliation from the powerful capital-exporting countries through, inter alia, the cutting of trade and commercial ties, the freezing of assets, retaliatory diplomatic moves, and court action in the home state of the investors. The principles of international law and policy concerning expropriation are gradually evolving through diplomatic negotiations, international and domestic courts and tribunals, resolutions at the General Assembly of the United Nations, and through state practice. Although sovereign states must understand and comply with these principles of international law, disguised or creeping expropriation will become more appealing to both developed and developing countries. The use of taxation powers and the voluntary takeover of foreign investment of state enterprises, especially in revenue-rich sectors of industries, will be especially attractive to countries like Canada which face massive national budget deficits. Pressure to depress the value of foreign investment before a public sector takeover will be enormous in countries in which the public purse does not contain the reserves needed for voluntary takeover of foreign-controlled firms. Added to these factors is the inevitability of expropriation of foreign interests in resource industries due to the benefits of national control over energy resources in an energy-starved world. Expropriation will not be a phenomenon limited to developing countries. Many sovereign states will seek to undertake some form of expropriation that falls short of violating their international legal obligations

Chapter Fifteen. The Canadian Constitution and Charter of Rights and Freedoms

INTRODUCTION The rights of minorities are an arena that is becoming perhaps the principal battle ground for human rights in the 21st century. Recent history would seem to offer a stunning paradox: that the federal state may not be the best form of human governance for societies with multi-ethnic populations. The former Soviet Bloc had nine states, six of which were unitary states while three were federal in structure. With the unification of Germany, the six unitary states are now five, but t..

Confronting Discrimination and Inequality in China : Chinese and Canadian Perspectives

Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower

Confronting Discrimination and Inequality in China

Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower