Category Archives: International Law

Anticipating the SCC’s Direction in Balev: The ABCA in Thompson v Thompson Emphasizes a ‘Child-centered’ Approach to the Hague Convention

By: Rudiger Tscherning PDF Version: Anticipating the SCC’s Direction in Balev: The ABCA in Thompson v Thompson Emphasizes a ‘Child-centered’ Approach to the Hague Convention Case Commented On: Thompson v Thompson, 2017 ABCA 299 (CanLII) On November 9, 2017, the Supreme … Continue reading

Posted in Family, International Law | Leave a comment

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

Posted in Federal Court, International Law, Water Law | Leave a comment

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

Posted in Family, International Law | Leave a comment

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

Posted in International Law, Law of the Sea | Leave a comment

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

Posted in Conflict of Laws, International Law | Leave a comment