A Study on the Legal Trade Cases between Canada and Africa

A Study on the Legal Trade Cases between Canada and Africa Khushal Mewada Vishnu Sabu Priyank Patel Jayesh Patel INTRODUCTION The term legal is used to define the thing related with law. Develop and maintain security policies, procedures and practices which comply with relevant elements of criminal, civil, administrative and regulatory law to minimize adverse legal consequences. Law can be three type that is Public International Law, Private International Law, Foreign Law. Public international law is the system of rules and principles governing the relationships between states and international organizations as well some of their persons and Private international law governs relationships between persons and organizations engaged in international transactions and their legal cases whereas Foreign law is a law enacted by a foreign country. We need to know all these cases before doing transaction overseas because all can affect the trade. This report study is on three legal court cases related with trade between Canada and Africa. These cases include information about the conflicts between companies of both countries and their court case as well as the result of case by court with acts. LEGAL RELATIONSHIP BETWEEN CANADA AND AFRICA Canada established its diplomatic relations with South Africa in 1939, due to the outbreak of World War II. Africa and Canada had few contacts before the twentieth century. Canada and Africa were both part of a global trading system, linked by European trading companies such as the Hudsons Bay Company and the Royal African Company. Canada and African were raw-material exporting areas, they mostly traded with manufacturers in Europe, and not with each other. Canada is a significant investor in Africa. Trade between the two countries totaled $1.8 billion in 2008. Canadian investments largely focus on the mineral and mining sector, as well as transportation, food processing, hospitality, information and communication technologies. A Memorandum of Understanding on cooperation in mining and mineral development was signed between Canada and South Africa in March 2015. A Double Taxation Agreement has been signed to facilitate trade and investment, between Canada and South Africa. Top Canadian exports to Africa include lentils and wheat, power generation machinery, electrical machinery, sulfur, optical equipment, pharmaceuticals, and pork. Africas exports to Canada include citrus, beverages (wine), nuclear machinery parts and minerals such as iron, titanium, chromium and copper. CASE:1 WHITE SOUTH AFRICAN,S VS CANADIAN GOVERNMENT TITLE: White South Africans battle for refugee status in Canada ended by appeals court. In this case, a white South African asked for refugee protection in Canada due to the fear of his Countrys major black, and his case was recalled and the case was rejected, moreover made necessary arrangement for returning to his country, where his cases started as an angry upset and reaction against Canada. For analysing the case we are following the IRAC method which directly goes deeply to the case between Canada and Africa. Issue In 2009, an international protest welcomed Canadas Immigration and Refugee Board and decided Brandon Huntley, a white citizen of South Africa, had an all around established dread of mistreatment on the bases of his race and the South Africa government had lack of interest or failure or unwillingness to shield white South Africans from oppression by African South Africans. In this case, a white South African asked for refugee protection in Canada due to the fear of his countrys major black people, but his case was recalled and his case got rejected. The South Africas government called the decision as a perverse by Ottawa and racist. The African Social Medias, newspapers who severely criticized the claim made by Mr. Huntley and protest against IRBs decision. The IRB Canada take another look into the case and in 2010 Mr. Huntleys then-lawyer accused Ottawa of interfering to mend international relations. The supreme court of Canada refuse to hear the case in 2012. Rule The African National Congress, the party that liberated South Africa from apartheid under Nelson Mandelas leadership in 1994, said the refugee decision was racist and alarmist. Canadas reasoning for granting Huntley a refugee status can only serve to perpetuate racism, the ANC said Tuesday. Stephane Malepart, a spokesman for the Immigration and Refugee Board of Canada, said the board cannot release the Huntley decision or make any comment on the ruling since all of its cases are heard in private and its tribunals operate at arms length from the government. But he said the federal government could seek judicial review of any decision by appealing it to the Federal Court of Canada. Analysis His case, however, drew intense publicity. It was reported in newspapers around the world, especially in South Africa. His picture, he said, was featured in newspaper ads on buses in his hometown. Online, he was threatened, he said. If he was not a person in need of protection before, he was now, he claimed in court, a distinction referred to as being a refugee sur place. The IRB acknowledged that South Africa was a young democracy with ongoing problems, the court summarized, but remained a functioning democracy with independent judicial institutions. In judging the IRBs second decision, Federal Court Judge Catherine M. Kane said the reasons given by the IRB were adequate and the decision was a reasonable one to arrive at. Conclusion This case adversely affect the relationship between Canada and Africa. There are some legal barriers for refugees from Africa to Canada. The discussion above details a range of problems with the asylum application process that adversely affects the human rights of refugees from various parts of the world. These issues calls into the question of ability DHA to administer an asylum system in accordance with its Constitutional obligation to ensure just administrative action. The problems also make a mockery of the rights guaranteed in both international and domestic refugee law, casting doubt on the Departments commitment to these legal guarantees. CASE:2 CANADA VS AFRICA,US Subject : Subsidies and other Domestic Support for Corn and other Agricultural Products Complainant: Canada Respondent: US Third Party : Argentina; Australia; Chile; European Union; India; Japan; Mexico; New Zealand; Nicaragua; South Africa; Chinese Taipei; Thailand; Turkey; Uruguay The Canada complained and requested the consultations with the United States regarding three different types of measures on 8 January, 2007: Firstly, the Canada claims that the subsidies to the US corn industry that are particular for US producers of primarily agricultural products provided by the United States. Canada considered that the issued measures are not compatible with Articles 5(C) and 6.3(C) of the SCM agreement. Secondly, Canada claims that the United States makes accessible to its exporters premium rates and other conditions more suitable than those which the market would otherwise make them available through export credit guarantee programmes under the Agricultural Trade Act of 1978 and other measures such as the GSM-102 programme and SCGP as well as the programmes, legislation, regulations and statutory instruments providing the support. Canada reflects on these programmes provide subsidies contingent upon export performance opposing to Article 3.1(a) and 3.2 of the SCM Agreement, and they also breach Articles 3.3, 8, 9.1 and 10.1 of the Agreement on Agriculture. Thirdly, Canada makes demand that, through the improper exclusion of domestic support, the United States supported in favour of domestic producers in excess of the commitment levels mentioned in Section I of Part IV of the Schedule, opposing to Article 3.2 of the Agreement on Agriculture. From 18 January 2007, Australia, Argentina, Brazil, the European Communities, Guatemala, Nicaragua and Thailand and Uruguay requested to join the consultations. Afterwards, the United States informed the DSB that they had granted the requests of Argentina, Australia, Brazil, the European Communities, Guatemala, Nicaragua, Thailand and Uruguay to join the consultations. On 7 June 2007, Canada requested the establishment of a panel. Then, in the meeting the DSB deferred the establishment of a panel. On 11 July 2007, Brazil requested consultations with the United States regarding two different categories of US agricultural measures: (i) domestic support for agricultural products and (ii) export credit guarantees for agricultural products. After 20 July 2007, Canada, Guatemala, Costa Rica and Mexico, the European Communities, Argentina, Australia, India and Nicaragua, Thailand requested to join the consultations. Thereafter, the United States enlightened the DSB that it had approved the requests of Argentina, Australia, Canada, Costa Rica, the European Communities, Guatemala, India, Nicaragua, Mexico and Thailand to join the consultations. Later Canada and Brazil each requested the establishment of a panel. On 15 November 2007, Canada withdrew its first request to establish a panel dated 7 June 2007. But when the meeting held again the DSB postponed the establishment of a panel. Panel and Appellate Body proceedings Following to a other request to establish a panel from both Canada and Brazil, the DSB settled a single panel in the meeting on 17 December 2007.Argentina, Australia, Chile, China, the European Communities, India, Japan, Mexico, New Zealand, Nicaragua, South Africa, Chinese Taipei and Thailand, Turkey and Uruguay reserved their third-party rights. Conclusion This case clearly defines that which ever the countries as a third party reserved their rights. But the country Canada who is complaining against US and demanding upon some measures, at last they withdrew their request as they were not gaining any benefits from US. Countries: South Africa, Canada and Zimbabwe Appeal considered/heard at: Vancouver, BC Date of decision: January 2, 2014 Counsel for the person who is the subject of the appeal: Simon Trela (Barrister and Solicitor) To begin with, the applicant who is the resident of Zimbabwe was the member of a moment of democratic (MDC) changes and she went to south Africa, but as a foreigner, she was sexually assaulted so she applied for Canadian visitor visa on her African passport. Secondly, after coming to Canada section 97 of the Act, she requested for refugee protection at an immigration office in Edmonton on May 3, 2013. The RPD heard the appellants refugee protection claim on June 28 and July 4, 2013. The RPDs written reasons and Notice of Decision are dated August 19, 2013.ÂÂ   Moreover, she was also rejected in south Africa for state protection after her rape, because she was not the citizen of Africa and applicant not have concerned evidence.ÂÂ   The RPD Member found the issue of identity to be determinative to findings under both sections 96 and 97(1) of the Act. Moreover, the appellants Record received on September27,2013. The appellants submissions in this appeal are primarily based on consideration of the new evidence that was presented and documents submitted as being new evidence of the case. The appellant has requested an oral hearing pursuant to subsection 110(6) of the Act. subsections 110(3), (4), and (6) new evidence has been accepted in support of this appeal. As such, the RAD must proceed without a hearing in this appeal. Immigration and Refugee Protection Act. Subsection 162(1) The RAD finds that the RPD is to be provided with deference on questions of fact and mixed law and fact in relation to the assessment of the claim for protection. To put in a nutshell, The RPD Member was referring to several actions by the appellant such as using significant deception in order to be approved for her visa, including having her friends in Canada provide false information in support of her application, having her employer in South Africa falsify an employment record, and providing a false document to establish that she was going to be married in South Africa subsequent to her visit to Canada (thus establishing a motive for her to return to that country as opposed to remaining in Canada illegally).The applicant neither was Convention refugee nor a person in need of protection. This appeal is therefore dismissed. REFERENCES http://www.refworld.org/cases,IRBC,5385ede34.html http://www.google.ca/amp/news.nationalpost.com

Looking At A Extract From Young Goodman Brown English Literature Essay

Hawthorne uses realistic ocular imagination and symbolism, through color alterations of visible radiation and darkness, to demo contrast of the â€Å" pious and iniquitous † ( 26 ) . In the beginning, it is at twilight that Brown sets off into the wood, and the eventide will gets darker.This symbolizes the prefiguration of the visible radiation of faith easy melting off from Brown as he wanders off further into the forest. In bend ; stand foring the solitariness of a life without religion, which can be seen when Brown goes through desperation towards the terminal of the narrative. In contrast, the heavenly presence of the metonymy â€Å" bluish arch, the stars lighten uping in it † and the â€Å" deep arch of the celestial sphere † ( 26 ) denotes a sense of hope and the strong being of religion. This is self-contradictory to the Puritan belief that the wood is a â€Å" pagan wilderness † ( 26 ) , which indicate that it is irreligious and wild, where no â⠂¬Å" church had of all time been gathered nor lone Christian prayed † ( 26 ) . This reassures Brown to non lose hope. However, merely as Brown manages to hold reassurance in religion, a â€Å" black mass of cloud † ( 26 ) appears overhead. This brings about the downward alteration of the one time hopeful fable, where the presence of hope is now overshadowed by somberness, boding Brown`s province of depression subsequently on. Another contrast is made utilizing the symbolism of the â€Å" ruddy visible radiation † ( 27 ) , â€Å" lurid blazing against the sky † ( 27 ) and â€Å" four blaze pines, their tops aflame † ( 27 ) to exemplify the enchantresss Sabbath, which in contrast to the Godliness of the â€Å" bluish arch † ( 26 ) , is to tag the presence of immorality. These comparings illustrate efficaciously the alteration from good to evil. The usage of nonliteral linguistic communication helps to stress a sinister atmosphere created by Hawthorne. The initial rhyme â€Å" whispering without a air current † ( 26 ) and the onomatopoeia â€Å" mutter † ( 26 ) indicates a stalking property to the wood, proposing that there is evil skulking about. It can besides be seen as a foreshadow to the mutter of the chants Brown hears subsequently at the enchantresss Sabbath. â€Å" Nothing can be done until I get on the land † ( 26 ) implies that possibly the Minister, together with the Deacon is winging, as Brown hears their voices â€Å" speaking so queerly in the empty air † ( 26 ) but â€Å" the travelers nor their steeds were seeable † ( 25 ) . This encapsulates the impression of the â€Å" unobserved † ( 21 ) , which causes the reader to doubt whether it is existent or an extension of Brown`s phantasy. Hawthorne`s usage of sarcasm, together with controlled ambiguity, exhaustively but dexterously permeates the narrative ( Novelguide ) . The obvious would be the beginning of the infusion, where Brown overhears the conversation between the Deacon and the Minister. As these characters are figures of higher governments in the church, it is dry as the reader, together with Brown, expects these characters to exudate scrupulousness. Alternatively, they would â€Å" instead lose an ordination-dinner † ( 26 ) and partake in â€Å" devilry † ( 26 ) . They are so, on par in position to evildoers, who are shunned in the Puritan community. This comes after Brown`s foundational belief in God is undercut when he finds out his Catechism instructor, Goody Close, is friends with the Devil. Brown`s belief in Faith is dry as he uses his married woman as a symbolic averment to his belief. â€Å" And Faith below † ( 26 ) shows that Brown sees his married woman as an incarnation of being a â€Å" pious † ( 26 ) individual. Ironically, it is Faith who later causes Brown`s downward spiral to depression, when he sees Faith`s pink thread drifting down from the â€Å" black mass † ( 26 ) . Distinctly, it shows that wickedness is unconditioned in worlds and that even those who are deemed to be â€Å" pious † ( 26 ) are caught within its appreciation. Hence, the win-over of immorality ( Howard 1 ) . Hawthorne coins â€Å" Communion † ( 26 ) in sarcasm. When defined, it is sharing the same spiritual religion ( Dictionary.com ) . Alternatively of a spiritual matter with God, Hawthorne uses has the Deacon use the term in relation to â€Å" deviltry † ( 26 ) . In utilizing the term â€Å" communion-table † ( 26 ) , the storyteller relates Brown`s treachery to when Jesus reveals the prognostication of his treachery ( Wikipedia ) . The footings â€Å" met † and â€Å" seen † shows the manner Brown distances and does non partake in any evil activities. However, it is dry as Brown subsequently succumbs to evil and partakes in it. The usage of a 3rd individual limited narrative ( SIM SU3-19 ) leaves the reader in equivocal purgatory, inquiring how accurate the point of position is, in showing whether what Brown sees is existent or is his semblance. Hawthorne interweaves the narrator`s ideas together with that of Brown ‘s. The usage of the withdrawal â€Å" Once, the hearer † ( 26 ) takes on the sympathetic tone of the storyteller to Brown`s predicament, in his inability to now separate the â€Å" pious and iniquitous † ( 26 ) . This causes the reader to be drawn along into the darkness that merely Brown is good, while giving a negative examination of the remainder of Salem. In bend ; â€Å" Night † ( 26 ) is so seen as a ruling symbol of the significance refering to experiencing stray and contemplating solitariness. Perceived as the merely good character, it is dry that Brown`s concluding minutes with â€Å" his deceasing hr † ( 30 ) be full of somberness. The usage of similes â€Å" like † ( 26 ) , â€Å" as if † ( 26 ) and the word â€Å" possibly † ( 26 ) creates ambiguity for the reader as we do non cognize if this is Brown`s effort to associate the unknown to â€Å" familiar tones † ( 26 ) to convey some visible radiation to the enveloped darkness he is sing. A Hawthorne manages to pull the reader into Brown`s phantasy by allowing the familiar elements of the bloodcurdling, through the usage of sarcasm and ocular imagination. Beneath this infusion, which on the surface is simply about a man`s journey through the wood, is an implicit in experience of horror and unhappiness. Hawthorne wavers Brown`s position of his Puritan community, foregrounding the thought that of the perennial battle between good and evil ( SIM SU3-21 ) . Word Count: [ 986 ]

What attracted European imperialism to Africa to Asia in...

Mortimer Chambers et al define imperialism as a European state s intervention in and continuing domination over a non-European territory. During the Scramble for Africa in the late nineteenth century, the most powerful European nations desired to conquer, dominate and exploit African colonies with the hope of building an empire. According to Derrick Murphy, in 1875 only ten percent of Africa was occupied by European states. Twenty years later only ten percent remained unoccupied. There were several factors which attracted European imperialists to Africa. There were opportunities for profitable investment and trade. Raw materials, which Africa possessed in abundance, were also desired. A cheap source of labour was required as it would†¦show more content†¦The British wanted to link their possessions in Southern Africa with their territories in East Africa, and these two areas with the Nile basin. Obtaining the Sudan was vital to the fulfillment of these ambitions especially since Egypt was already under British control. This red-line through Africa was made famous by Cecil Rhodes and Lord Milner who advocated for a Cape to Cairo empire linking by rail the Suez Canal to the Southern part which possessed many minerals. According to Brian Levack, there was also a certain level of nationalist competition. The unification of Germany upset the balance of power in Europe. In this climate of tension, governments looked towards enforcing national strength. The newly formed nations of Italy and Germany now sought empires outside Europe as a means of gaining power and prestige within Europe. In the nineteenth century, a German historian Henrich con Treitschke stated All great nations in the fullness of their strength have desired to set their mark on barbarian lands and those who fail to participate in this great rivalry will pay a pitiable role in time to come. 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The El Salvadoran Government Adopted - 985 Words

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