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You searched for id:"oai:yorkspace.library.yorku.ca:10315/37350". One record found.

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1. Charles, Michele Dominique Lemieux. With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad.

Degree: LLM - Master of Laws, Law, 2020, York University

Conflict of laws rules in Canada bias toward taking jurisdiction over matters involving human rights or environmental abuse inflicted abroad, particularly when inflicted by Canadian corporations. Contrary to enumerated tests for jurisdiction, many Canadian courts have instead preferred a regressive state-centric/hyper-comity anchor in applying such tests to putative foreign plaintiffs. This Thesis argues this preference can be effectively understood using the lens and language of Pierre Bourdieus field theory as representing a habitus of the Canadian judiciary. In light of the habitus of the Canadian judicial field, and in order to encourage an interpretation of conflict of laws rules in Canada that prefers an uptake of such claims, practitioners ought to introduce issues of jurisdiction to Canadian courts framed with respect to fairness, notably whether it is fair to provide Canadian corporations significant benefit when operating abroad and, through failure to take jurisdiction, allow such corporations to avoid civil prosecution. Advisors/Committee Members: Scott, Craig Martin (advisor).

Subjects/Keywords: Environmental law; Conflict of laws; Jurisdiction; Human rights; Private international law; Forum non conveniens; Jurisdiction of necessity; Fairness; Pierre Bourdieu; Canadian corporations

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Charles, M. D. L. (2020). With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad. (Masters Thesis). York University. Retrieved from https://yorkspace.library.yorku.ca/xmlui/handle/10315/37350

Chicago Manual of Style (16th Edition):

Charles, Michele Dominique Lemieux. “With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad.” 2020. Masters Thesis, York University. Accessed July 08, 2020. https://yorkspace.library.yorku.ca/xmlui/handle/10315/37350.

MLA Handbook (7th Edition):

Charles, Michele Dominique Lemieux. “With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad.” 2020. Web. 08 Jul 2020.

Vancouver:

Charles MDL. With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad. [Internet] [Masters thesis]. York University; 2020. [cited 2020 Jul 08]. Available from: https://yorkspace.library.yorku.ca/xmlui/handle/10315/37350.

Council of Science Editors:

Charles MDL. With Great Advantage Should Come Responsibility: How the Territorialist Approach in Private International Law Maybe Overcome to Ensure Justice is Done for those Left in the Wake of Canadian Business Abroad. [Masters Thesis]. York University; 2020. Available from: https://yorkspace.library.yorku.ca/xmlui/handle/10315/37350

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