THE TRIAL WARRIOR BLOG

I have published a new article in the latest issue of the Canadian Bar Association’s Canadian International Lawyer journal entitled, “Adjudicating International Human Rights Claims in Canada”, (2011), 8(3) Cdn. Int. Lawyer 117-133. Here is the abstract:

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.

A pdf copy of the article is available for download here.

Tags: Canada, Human Rights and Liberties, Human Right

This entry was posted on October 21, 2011 at 10:22 am and is filed under Alien Tort Statute, arbitration, Bil'In (Village Council) c. Green Park International Inc., Bouzari v. Iran (Islamic Republic), choice of forum, choice of law, commercial activity exception, commercial litigation, conflict of laws, corporate liability, customary international law, enforcement, foreign arbitral awards, foreign judgments, Foreign Sovereign Immunities Act, forum of necessity, forum selection clause, international arbitration, international law, international litigation, jurisdiction simpliciter, jus cogens, Kazemi v. Islamic Republic of Iran, Kiobel v. Royal Dutch Petroleum, Muscutt factors, natural justice, New York Convention, R. v. Hape, real and substantial connection, recognition and enforcement, Samantar v. Yousuf, sovereign immunity, state immunity, State Immunity Act, UNCITRAL Model Law, United Sates of America v. Khadr, Van Breda v. Village Resorts Ltd., Yassin c. Green Park International Inc.. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.