Introduction – Oonagh Fitzgerald on behalf of the Department of Justice Canada
PART ONE: WHAT IS INTERNATIONAL LAW AND HOW DO WE FIND IT IN CANADA?
SECTION A: Introduction to the Issues Surrounding the Relationship between International and Domestic Law
CHAPTER 1: The Use and Abuse of International Legal Sources by Canadian Courts: Searching for a Principled Approach – Hugh Kindred
CHAPTER 2: Implementation and Reception: The Congeniality of Canada’s Legal Order to International Law – Armand de Mestral and Evan Fox-Decent
CHAPTER 3: What is Reception Law? – Gibran van Ert
SECTION B: Canada’s Interest in International Law and Why It Is Relevant to Canadians
CHAPTER 4: Canada’s External Constitution and Its Democratic Deficit – Stephen Clarkson and Stepan Wood
CHAPTER 5: Understanding the Question of Legitimacy in the Interplay between Domestic and International Law – Oonagh E. Fitzgerald
PART TWO: PROCEDURAL AND INSTITUTIONAL ROLES
SECTION A: State Actors and the Democratic Deficit
CHAPTER 6: State Actors and the Democratic Deficit: The Role for Parliament in Treaty-Making – Joanna Harrington
SECTION B: Participants Other than National Governments in International Law-Making: Current Practice, Aspirations, and Possibilities
CHAPTER 7: Labour Conventions and Comprehensive Claims Agreements: A New Model for Subfederal Participation in Canadian International Treaty-Making – Gibran van Ert and Stefan Matiation
CHAPTER 8: Fostering Compliance with International Biodiversity Law: Environmental Advocacy Groups Inside and Outside the Courtroom – Natasha Affolder
SECTION C: The Mediating Language of Domestic Implementation: The Challenges, Current and Best Practices
CHAPTER 9: A Legislative Perspective on the Interaction of International and Domestic Law – John Mark Keyes and Ruth Sullivan
CHAPTER 10: International Law Statutory Interpretation: Up with Context, Down with Presumption – Stephan Beaulac
CHAPTER 11: Evidence and International and Comparative Law – Anne Warner La Forest
PART THREE: CASE STUDIES
SECTION A: The Special Case of Implementing Human Rights Treaties, Whose Standards Evolve Domestically and Internationally: Current Practice and Reform
CHAPTER 12: Making a Difference: The Canadian Duty to Consult and Emerging International Norms Respecting Consultation with Indigenous Peoples – Stefan Matiation and Josée Boudreau
CHAPTER 13: Implementation by Canada of its International Human Rights Treaty Obligations: Making Sense Out of the Nonsensical – Elisabeth Eid and Hoori Hamboyan
CHAPTER 14: The Domestic Implementation of International Human Rights Law in Canada: The Role of Canada’s National Human Rights Institutions – Linda Reif
SECTION B: Substantive Domestic Law and the Implementation of International Law
CHAPTER 15: Domestic Implementation of Canada’s International Human Rights Obligations – Donald J. Fleming and John P. McEvoy
CHAPTER 16: The Role of International Treaties in the Interpretation of Canadian Intellectual Property Statutes – Daniel J. Gervais
CHAPTER 17: The Effect of International Conventional Criminal Law on Domestic Legislative Initiatives since 1990 – Doug Breithaupt
CHAPTER 18: “If Commerce, Why Not Torture?” An Examination of Further Limiting State Immunity with Torture as a Case Study – Maurice Copithorne
CHAPTER 19: Implementation of International Humanitarian and Related Law in Canada – Oonagh E. Fitzgerald
Selected Bibliography
Contributors
Index