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The Globalized Rule of Law

The Globalized Rule of Law

Relationships between international and domestic law

Editor-in-chief Oonagh E Fitzgerald

From different angles and through a variety of lenses, the papers in this collection examine the relationships between international and domestic law and the treatment of international law by Canadian governments, parliamentarians, and the courts. The book aims to address the need for a clearer and broader understanding of how international law impacts on domestic law and policy, in order to be able to use law more effectively in international and domestic litigation, dispute settlement, policy development, and decision-making. This book encourages the reader to think deeply about how law is evolving in a globalizing world and to consider how Canada and Canadians can influence this evolution in positive ways.


Oonagh Fitzgerald on behalf of the Department of Justice Canada

Part One: What is International Law and How Do We Find It in Canada?

SECTION A: Introduction to the Issues Surrounding the Relationship between International and Domestic Law

The Use and Abuse of International Legal Sources by Canadian Courts: Searching for a Principled Approach
Hugh Kindred
Implementation and Reception: The Congeniality of Canada’s Legal Order to International Law
Armand de Mestral and Evan Fox-Decent
What is Reception Law?
Gibran van Ert

SECTION B: Canada’s Interest in International Law and Why It Is Relevant to Canadians

Canada’s External Constitution and Its Democratic Deficit
Stephen Clarkson and Stepan Wood
Understanding the Question of Legitimacy in the Interplay between Domestic and International Law
Oonagh E Fitzgerald

Part Two: Procedural and Institutional Roles

SECTION A: State Actors and the Democratic Deficit

State Actors and the Democratic Deficit: The Role for Parliament in Treaty-Making
Joanna Harrington

SECTION B: Participants Other than National Governments in International Law-Making: Current Practice, Aspirations, and Possibilities

Labour Conventions and Comprehensive Claims Agreements: A New Model for Subfederal Participation in Canadian International Treaty-Making
Gibran van Ert and Stefan Matiation
Fostering Compliance with International Biodiversity Law: Environmental Advocacy Groups Inside and Outside the Courtroom
Natasha Affolder

SECTION C: The Mediating Language of Domestic Implementation: The Challenges, Current and Best Practices

A Legislative Perspective on the Interaction of International and Domestic Law
John Mark Keyes and Ruth Sullivan
International Law Statutory Interpretation: Up with Context, Down with Presumption
Stephan Beaulac
Evidence and International and Comparative Law
Anne Warner La Forest

Part Three: Case Studies

SECTION A: The Special Case of Implementing Human Rights Treaties, Whose Standards Evolve Domestically and Internationally: Current Practice and Reform

Making a Difference: The Canadian Duty to Consult and Emerging International Norms Respecting Consultation with Indigenous Peoples
Stefan Matiation and Josée Boudreau
Implementation by Canada of its International Human Rights Treaty Obligations: Making Sense Out of the Nonsensical
Elisabeth Eid and Hoori Hamboyan
The Domestic Implementation of International Human Rights Law in Canada: The Role of Canada’s National Human Rights Institutions
Linda Reif

SECTION B: Substantive Domestic Law and the Implementation of International Law

Domestic Implementation of Canada’s International Human Rights Obligations
Donald J Fleming and John P McEvoy
The Role of International Treaties in the Interpretation of Canadian Intellectual Property Statutes
Daniel J Gervais
The Effect of International Conventional Criminal Law on Domestic Legislative Initiatives since 1990
Doug Breithaupt
"If Commerce, Why Not Torture?" An Examination of Further Limiting State Immunity with Torture as a Case Study
Maurice Copithorne
Implementation of International Humanitarian and Related Law in Canada
Oonagh E Fitzgerald

Selected Bibliography / Contributors / Index


Published 1 May 2007
Publisher Irwin Law (Canada)
ISBN 9781552211229
Australian RRP $110.00
International Price $99.00
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Law - International
Law - Canadian Law
Law - Human Rights

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