Implementation and Reception: The Congeniality of Canada's Legal Order to International Law

THE GLOBALIZED RULE OF LAW: RELATIONSHIPS BETWEEN INTERNATIONAL AND DOMESTIC LAW, Oonagh Fitzgerald, et. al. eds., Irwin Law, 2006

54 Pages Posted: 5 Feb 2008 Last revised: 22 Nov 2015

See all articles by Armand Claude de Mestral

Armand Claude de Mestral

McGill University - Faculty of Law

Evan Fox-Decent

McGill University - Faculty of Law

Abstract

Canada is generally regarded as a dualist country in that international treaties are understood to have no direct effect unless they are implemented into domestic law through legislation. The authors argue that the courts have adopted an overly restrictive view of implementation, and that on a more generous reading, many treaties ought to be viewed as implemented at the time they are ratified. Further, the authors argue that even if treaties, on any interpretation, are not implemented, the obligations the state incurs by ratifying such treaties ought to be understood by judges and administrative decision-makers alike as having the same status as common law obligations that judges frequently impose on administrative agencies on judicial review, such as the duty of procedural fairness.

Keywords: international law, rule of law, dualism, human rights, implementation, judicial review, reception

Suggested Citation

de Mestral, Armand Claude and Fox-Decent, Evan, Implementation and Reception: The Congeniality of Canada's Legal Order to International Law. THE GLOBALIZED RULE OF LAW: RELATIONSHIPS BETWEEN INTERNATIONAL AND DOMESTIC LAW, Oonagh Fitzgerald, et. al. eds., Irwin Law, 2006. Available at SSRN: https://ssrn.com/abstract=1089489

Armand Claude De Mestral

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

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