Tort choice of law and international fundamental norms: A case study of Canada and the United States

This article considers the tort choice of law rules in Canada and the United States – two highly internationalist societies with similar legal traditions but whose choice of law rules vary dramatically. The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging violations of international fundamental norms. The second is to see what other jurisdictions can learn from the experiences of these two jurisdictions in their adjudication of international norms.This article makes these principal findings. While none of the two jurisdictions has a choice of law rule specially attuned to deal with violations of international norms, the operative rule in Canada contains reasonable flexibility to meet the needs of such cases. It finds within the assortment of tort choice of law rules in the US, some rules that at least mention the interests of the international community as an important consideration in the choice of applicable law, and that US courts already do look to international law to determine certain substantive issues arising in cases brought under the Alien Tort Statute

Evaluation of equity in informal land development systems in two Nigerian cities

The informal land development system in Sub-Saharan Africa (SSA) is perceived to promote equity and could be leveraged to support sustainable urban development and management. However, scanty empirical evidence exists on the extent of the system’s provision of equity to support policy formulation and practice in the region. Based on stakeholder workshops, focus group discussions and questionnaire surveys, this study analyses the system’s provision of equity in Nigeria. The study finds all categories of people undertake informal developments. Consistent with literature, this finding reflects wide patronage of the informal land development system and its relevance. Nevertheless, contrary to the existing perception, the system’s provision of equity is low. The study recommends for the institution of pro-poor and gender sensitive land development and management policies and programmes to increase the levels of equity to support the achievement of the country’s sustainable urban development and management agenda