Category Archives: International Law

Does a US Entity Have a Cause of Action (Cognizable by the Federal Court) where a Downstream Road/Dyke in Canada Serves to Prevent Dispersion of the Natural Flow of a Transboundary Stream? Answer: No

By: Nigel Bankes PDF Version: Does a US Entity Have a Cause of Action (Cognizable by the Federal Court) where a Downstream Road/Dyke in Canada Serves to Prevent Dispersion of the Natural Flow of a Transboundary Stream? Answer: No Case Commented … Continue reading

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Update: SCC Grants Appeal on ‘Prompt Return’ Mechanism of the Hague Convention on International Child Abduction

By: Rudiger Tscherning PDF Version: Update: SCC Grants Appeal on ‘Prompt Return’ Mechanism of the Hague Convention on International Child Abduction Case Commented On: Office of the Children’s Lawyer v John Paul Balev and Catherine-Rose Bagott, Supreme Court of Canada, Leave … Continue reading

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The Relationship Between Declarations Under the Optional Clause of the Statute of the International Court of Justice and Part XV of the Law of the Sea Convention

By: Nigel Bankes PDF Version: The Relationship Between Declarations Under the Optional Clause of the Statute of the International Court of Justice and Part XV of the Law of the Sea Convention Case Commented On: Maritime Delimitation in the Indian Ocean … Continue reading

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International Child Abduction: A ‘Time-Limited Consent’ Does not Change the Habitual Residence of a Child

By: Rudiger Tscherning PDF Version: International Child Abduction: A ‘Time-Limited Consent’ Does not Change the Habitual Residence of a Child Case Commented On: Balev v Baggott, 2016 ONCA 680 (CanLII) Introduction The issues arising from international family disputes involving the non-consensual … Continue reading

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The South China Sea Award and the duty of “due regard” under the United Nations Law of the Sea Convention

By: Julia Gaunce PDF Version: The South China Sea Award and the duty of “due regard” under the United Nations Law of the Sea Convention Decision Commented On: Award on the Merits of the Annex VII Tribunal, In the Matter of … Continue reading

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