9 resultados para Canadian

em University of Queensland eSpace - Australia


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Since 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (the lex loci delicti). All three countries abandoned some species of the rule in Phillips v Eyre, which required some reference to the law of the forum (the lex fori) as well as the lex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply the lex fori in cross-border tort cases - and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadian lex loci delicti regimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of the lex fori was formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries. © 2006 Oxford University Press.

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The ethnicity of urban space has long been an element in the burgeoning discourse of national multiculturalisms; so much so that spatial theorist Edward Soja uses the term “ethni-city” to speak of so-called postmodern or postcolonial urban geographies (239). In our focus on the urban, we point to both the conceptual and material thresholds of multiculturalism within the borders of the city, as well as the internal urban/suburban borders that delineate belonging. These are often as strongly patrolled as larger national borders. In taking up Sneja Gunew’s call in Haunted Nations for comparative and critical work on multiculturalisms, this paper offers preliminary and exploratory avenues and points of departure, and aims to particularise the multicultural as an encounter and experience that is regulated spatially and corporeally.