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Canada and International Law: Supporting a Rules-Based Approach to International Relations

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Part of the Canada and International Affairs book series (CIAF)

Abstract

Canada has long supported a rules-based approach to international relations. Indeed, by statute, Canada’s Minister of Foreign Affairs is tasked with fostering the development of international law and Canada conducts a significant component of its international relations through legally-binding treaties made with other states. Canada also engages in the setting of normative goals and political commitments through the negotiation of non-treaty texts which, while non-legally binding, may help build a consensus in support of future legal developments. Canada's respect for a rules-based approach also extends to international dispute settlement, although Canada rarely resorts to international courts for inter-state disputes. Canada was, however, heavily involved in the creation of a permanent International Criminal Court to hold individuals, as distinct from states, responsible for internationally-wrongful acts. But while international law is respected by Canada as an important ordering regime and worthy of promotion within the international community, there remain times when national interests may take precedence.

References

  1. Beesley, Alan. 1983. The negotiating strategy of UNCLOS III: Developing and developed countries as partners—A pattern for future multilateral international conferences? Law and Contemporary Problems 46: 183–194.Google Scholar
  2. Canada. 2001. Promises to keep: Implementing Canada’s human rights obligations. Ottawa: Standing Senate Committee on Human Rights.Google Scholar
  3. Canada. 2008. Canada announces policy to table international treaties in the House of Commons. News release, January 25. https://www.canada.ca/en/news/archive/2008/01/canada-announces-policy-table-international-treaties-house-commons.html. Accessed 24 July 2020.
  4. Canada. 2017. The Elsie initiative for women in peace operations. Press release, November 15. https://pm.gc.ca/en/news/backgrounders/2017/11/15/elsie-initiative-women-peace-operations. Accessed 24 July 2020.
  5. Crosbie, William R. 2014. At the Department of Foreign Affairs, Trade and Development in 2014. Canadian Yearbook of International Law 52: 411–436.Google Scholar
  6. Dicey, A.V. 1959. Introduction to the study of the law of the Constitution, 10th ed. London: Macmillan.Google Scholar
  7. Harrington, Joanna. 2005. Redressing the democratic deficit in treaty law making: (Re-) Establishing a role for Parliament. McGill Law Journal 50: 465–509.Google Scholar
  8. Harrington, Joanna. 2006. Scrutiny and approval: The role for Westminster-style parliaments in treaty-making. International & Comparative Law Quarterly 55: 121–159.CrossRefGoogle Scholar
  9. High-level Panel on Threats, Challenges and Change. 2005. A more secure world: Our shared responsibility: Report of the high-level panel on threats, challenges and change. UN Doc A/59/2005.Google Scholar
  10. International Commission on Intervention and State Sovereignty. 2001. The responsibility to protect: Report of the international commission on intervention and state sovereignty. Ottawa: International Development Research Centre.Google Scholar
  11. Kirsch, Philippe, and John T. Holmes. 1999. The Rome conference on an international criminal court: The negotiating process. American Journal of International Law 93: 2–12.CrossRefGoogle Scholar
  12. McRae, D.M., and D.J. Goundrey. 1982. Environmental jurisdiction in Arctic waters: The extent of Article 234. University of British Columbia Law Review 16: 197–228.Google Scholar
  13. M’Gonigle, R.M. 1976. Unilateralism and international law: The Arctic Waters Pollution Prevention Act. University of Toronto Faculty of Law Review 34: 180–198.Google Scholar
  14. Sullivan, Ruth. 2014. Sullivan on the construction of statutes, 6th ed. Markham, ON: LexisNexis.Google Scholar
  15. United Nations. 2000. We the peoples: The role of the United Nations in the twenty-first century: Report of the Secretary-General, UN Doc A/54/2000.Google Scholar
  16. United Nations General Assembly. 2005. World summit outcome document, UN Doc A/RES/60/1. Adopted September 16.Google Scholar
  17. United Nations General Assembly. 2012. Declaration of the high-level meeting of the General Assembly on the rule of law at the national and international levels, UN Doc A/RES/67/1. Adopted September 24.Google Scholar
  18. van Ert, Gibran. 2001. The legal character of provincial agreements with foreign governments. Les Cahiers de Droit 42: 1093–1124.Google Scholar
  19. van Ert, Gibran. 2008. Using international law in Canadian Courts, 2nd ed. Toronto: Irwin Law.Google Scholar
  20. van Ert, Gibran. 2009. Canada. In The role of domestic courts in treaty enforcement: A comparative study, ed. David Sloss, 166–208. Cambridge: Cambridge University Press.Google Scholar

Copyright information

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

Authors and Affiliations

  1. 1.Faculty of Law, University of AlbertaEdmontonCanada

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