I have posted a new working paper on SSRN entitled: “Adjudicating International Human Rights Claims in Canada”. 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.
You may download a free .pdf version of the article from SSRN here.
Comments and critiques are welcome.