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"British and Canadian Perspectives on International Law" examines the impact of public international law on the United Kingdom's and Canada's domestic legal systems. It also analyses the contributions of British and Canadian practice to the development of international norms. Topics addressed include international criminal law, international humanitarian law, human rights and human security, asylum, trade, jurisdiction, 'reception law' and media portrayals of international law. Whereas international law scholarship usually takes a global, regional or national approach, this book's chapters are written by leading scholars and practitioners from both countries and provide unique comparative views. While there remains much in common between the two states' understandings of international law, recent developments have shown significant points of departure.
Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada’s rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada’s rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada’s past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada’s pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament’s role in international law. Part II explores Canada’s role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada’s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l’avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.
This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.
In Unbound in War?, Sean Richmond examines the influence and interpretation of international law in the use of force by two important but understudied countries, Canada and Britain, during two of the most significant conflicts since 1945, namely the Korean War and the Afghanistan Conflict. Through innovative application of sociological theories in International Relations (IR) and International Law (IL), and rigorous qualitative analysis of declassified documents and original interviews, the book advances a two-pronged argument. First, contrary to what some dominant IR perspectives might predict, international law can play four underappreciated roles when states use force. It helps constitute identity, regulate behaviour, legitimate certain actions, and structure the development of new rules. However, contrary to what many IL approaches might predict, it is unclear whether these effects are ultimately attributable to an obligatory quality in law. This ground-breaking argument promises to advance interdisciplinary debates and policy discussions in both IR and IL.
Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.
The Canadian Council on International Law was founded in 1972 by a group of some of Canada's leading and most distinguished scholars and practitioners in international law. The Council supports the development and exchange of ideas amongst a community of persons interested in international law with particular focus on the Canadian perspective on international matters. To this end, one of the major activities of the Council is to hold an annual conference. This year's conference proceedings comprise a collection of essays written by leading academics and practitioners on the theme: Looking Ahead: International Law in the 21st Century. A wide range of subject areas is addressed, including the International Criminal Court, international legal theory, international dispute resolution, public international law, private international law, international trade law, international human rights law, international environmental law, immigration law, and technology and international law. Le Conseil canadien de droit international a andeacute;tandeacute; fondandeacute; en 1972 par un groupe d'acadandeacute;miciens et de practiciens en droit international parmi les plus distinguandeacute;s au Canada. Le Conseil appuie le dandeacute;veloppement et l'andeacute;change d'idandeacute;es au sein d'une communautandeacute; d'individus intandeacute;ressandeacute;s par le droit international, avec une concentration particuliandegrave;re sur les perspectives canadiennes vis-andagrave;-vis les affaires internationales. andAgrave; cette fin, une des activitandeacute;s principales du Conseil est d'organiser un congrandegrave;s annuel.
This book considers British influences on the development of international law over 100 years from 1915. This century has been marked by unprecedented developments in international law, not least the setting up of an array of international organisations, including the United Nations and the League of Nations, and international courts and tribunals (including the International Court of Justice and its predecessor the Permanent Court of International Justice, as well as the International Criminal Court). Two world wars, complex transboundary issues and increased globalisation have shown the importance of international law. This volume addresses these developments – domestic, regional and international - and looks at how Britain and British people (broadly defined) have influenced these changes. The contributors to the book have examined an array of different issues. These include British influences on treaty-making, recognition and immunity, as well as on specific fields of international law, such as armed conflict, criminal law, environment and human rights. It has commentary on the British influence on the sources of international law, including by its courts and Foreign Office, in the development of the European Union and in the idea of a professional international lawyer. There are also reflections on many of the key people over the century. The book provides a novel perspective, which surveys and appraises the contributions of British people and institutions in domestic and international legal forums and their key role in the development, interpretation and application of international law. Please also see the following related titles: - The Role of Legal Advisers in International Law - British Contributions to International Law, 1915-2015