Adjudicating International Human Rights Claims in Canada
Canadian International Lawyer, Vol. 8, No. 3, pp. 117-133, 2011
18 Pages Posted: 12 Apr 2011 Last revised: 27 Oct 2011
Date Written: April 11, 2011
This article addresses the issue of the privatization of justice and whether a social contract model is appropriate in disputes affecting the public interest, if one accepts the premise that international human rights claims fall under the rubric of “public order” or public interest. The article then explores the implications of promoting a social contract model for advancing and adjudicating international human rights claims in Canada against corporate and state actors, both from the perspective of litigation and arbitration. It concludes with an overview of recent federal legislative reforms relating to state-sponsored terrorism and international human rights standards.
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