Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The International Court of Justice (ICJ), in a 10-4 decision, answered this question in the affirmative in an advisory opinion to the General Assembly of the United Nations (UN), titled Accordance with International Law of the [...]

International Court of Justice to Hold Special Elections to Replace Retiring Judges Recently, Justices Shi Jiuyong of China and Thomas Buergenthal of the United States announced their resignations from the International Court of Justice (“ICJ”), both before fulfilling the nine-year terms they were elected to. As a result, two special elections for their replacements will [...]

In light of what is going on across the pond these days, it behooves us to pay attention to what happens where you fail to separate state and religion. Though to be honest, when your head of state also serves as Supreme Governor of the Church of England, such an exercise might be somewhat difficult. [...]

On September 18, the Superior Court of Quebec released its decision in the novel and intriguing case of Bil’in (Village Council) v. Green Park International Ltd., 2009 QCCS 4151. The plaintiffs sought to claim against a Quebec corporation and its sole director for participating in war crimes allegedly committed in the West Bank. However, Superior [...]

As mentioned in TheCourt.ca’s first Amici Curaie, today heralds historic changes to the United Kingdom justice system: installed in their swanky new digs, by the time this article goes to print the Supreme Court of the United Kingdom will have already opened. The new Constitutional Reform Act 2005, 2005 C. 4, (the CRA) goes beyond [...]

The Supreme Court of Canada has recently announced it will deliver judgment in the application for leave to appeal in Boulter v. Nova Scotia Power Incorporated, 2009 NSCA 17. In anticipation of such judgment, it is worthwhile to re-examine the issues at stake in the decision. While much has been written on the mechanics of [...]

The avarice of lawyers seems to be a widely-shared belief. Not in vain has the so-called legal profession received too many critiques around the world, being as they are often the most radical adversaries of the lower classes. I still remember a cartoon I once saw which said: “Little money… little law,” evidently suggesting (and [...]

On Friday the Supreme Court of Canada released judgments in four eagerly awaited criminal Charter cases: R. v. Grant, 2009 SCC 32; R. v. Harrison, 2009 SCC 34; R. v. Shepherd, 2009 SCC 35; and R. v. Suberu, 2009 SCC 33. Although much of the media coverage has focused on the results, ultimately the Court [...]

(Part 1 of 3) Introduction The Supreme Court of Canada is in the midst of a little spring cleaning in the law of defamation. Cusson v Quan was a case concerning an Ontario provincial police officer who on his own initiative travelled to New York City following the events of September 11, 2001, to assist [...]

On March 17, 2009, the Supreme Court of Argentina ruled that the “Partido Nuevo Triunfo” cannot be recognized as a political party. The issue had been heard in the lower court, the “Cámara Nacional Electoral” – which rules on issues regarding political parties and elections – that “Partido Nuevo Triunfo” had tried to get recognition [...]