scholarly journals Canada and the International Human Rights Regime

2020 ◽  
Vol 1 (1) ◽  
pp. 1-22
Author(s):  
Jiya Hai ◽  
Avery Pasternak
Keyword(s):  
Human Rights ◽  
Soft Power ◽  
Indigenous Rights ◽  
Economic Benefits ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Human Rights Regime ◽  
Moral Leader ◽  
International Human ◽  
Trade Deals

Canada, a country of relative economic and military unimportance, garnered significant soft power and influence from its international reputation as a moral leader and protector of human rights. However, a deeper analysis of Canada’s role in the development and implementation of the international human rights regime reveals a continued emphasis on economic benefits at the expense of human rights. This and other inconsistencies are clear in Canada's dealings with historic and current cases involving indigenous rights and human rights abuses by Saudi Arabia, China, and Myanmar. Realistically, Canada requires capital-intensive resource development and trade deals with major economic and military powers that often lack actionable interest in the advancement of human rights. In the modern age, it can be said that although Canada had a significant role in developing the international human rights regime, with a broad collection of formal treaties, organizations, and processes and many informal norms and values, the country's supposed reputation is subject to influences incongruent with the protection of human rights.

Liability of Multinational Corporations in Canada for International Human Rights Violations

2021 ◽  
pp. 113-139
Author(s):  
Bruce W. Johnston
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
Civil Law ◽  
Access To Justice ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Class Actions ◽  
Forum Non Conveniens ◽  
International Human

Bruce W. Johnston reviews the current state of play in Canada regarding the imposition of civil liability on multinationals for human rights abuses occurring overseas. He explains the bijural nature of the legal system and the consequential developments of civil law in Quebec and common law elsewhere. He outlines, by reference to case law, the relevant law on jurisdiction, including in class actions, and application of forum non conveniens, forum necessitatis, and choice of law, under common and civil law. Regarding causes of action, he considers the corporate veil hurdle and important judgments on direct liability of the parent company, in Choc v. Hudbay Minerals and most strikingly, the direct application of customary international human rights law by the Supreme Court in Nevsun. Equally important in terms of practical access to justice, the chapter outlines the rules on procedures relating to opt-out class actions, legal costs, including litigation funding.

Accountability

2020 ◽  
pp. 258-286
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
Sub Saharan Africa ◽  
Truth Commissions ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
International Criminal Tribunals ◽  
Military Regimes ◽  
Human Rights Movement ◽  
International Human ◽  
Sub Saharan

This chapter focuses on the major goal of the international human rights movement has been in securing accountability for grave abuses. It talks about “truth commissions” in Latin America, sub-Saharan Africa, several countries of Asia, Morocco, and Canada, which deals with abuses against the country's indigenous population. It also highlights the establishment of several international criminal tribunals in order to prosecute and punish those accused of war crimes, crimes against humanity, and genocide. The chapter explores accountability, which has become a central concern of the international human rights movement for the recognition or official acknowledgment of the suffering of victims of human rights abuses. It also analyzes the purpose of deniability, which made it possible for military regimes in that commit abuses to maintain a facadeof legality.

Conclusion: Human Rights Treaties (Sometimes) Protect Rights

2019 ◽  
pp. 193-224
Author(s):  
Courtenay R. Conrad ◽  
Emily Hencken Ritter
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Institutions ◽  
Domestic Institutions ◽  
International Human Rights ◽  
Human Rights Regime ◽  
Human Rights Treaties ◽  
International Human

This chapter highlights the conclusions and contributions of theresearch: obligation to international law can constrain leaders from violating human rights-and encourage potential dissidents to revolt against their governments. The argument that human rights treaties "work" is contrary to the explanations of a wide variety of scholars who maintain that the international human rights regime has been an abject failure. Although scholars have found evidence that domestic institutions can lead to decreased repression, there has been little support for the argument that international institutions do so.In contrast, this book finds that-if international law creates even the smallest shift in assumptions over domestic consequences for repressive authorities-these effects can yield a substantively meaningful reduction in rights violations when leaders have significant stakes in domestic conflicts.

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

2017 ◽  
pp. 302-336
Author(s):  
Zafeiris Tsiftzis
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
International Human ◽  
The Right ◽  
Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.

18. Human Rights

2017 ◽  
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cultural Relativism ◽  
Cultural Imperialism ◽  
World War ◽  
International Human Rights ◽  
Human Rights Regime ◽  
The World ◽  
History Of ◽  
International Human

This chapter examines the concept of human rights, which derives primarily from the Charter of the United Nations adopted in 1945 immediately after World War II. It first provides a brief account of the history of the concept of human rights before describing the international human rights regime. It then considers two persistent problems that arise in applying the concept of human rights to the developing world: the relations between the claim that the concept is universally valid and the realities of cultural diversity around the world; and the relations between human rights and development. In particular, it explores cultural imperialism and cultural relativism, the human rights implications of the rise of political Islam and the so-called war on terror(ism), and globalization. The chapter concludes with a discussion of the new political economy of human rights.

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