Using International Law in Canadian Courts sets out to provide Canadian practitioners and legal academics with a straightforward guide to using public international law in Canadian courts and tribunals.
Engagement with International Law is notably absent in Canada's legal past. It is likely, however, to be a momentous part of Canada's legal future. In Using International Law in Canadian Courts, Gib van Ert argues that a lack of basic international legal understanding on the part of lawyers and judges is no longer permissible in the integrated world in which we live, and that we must educate ourselves better if we are to manage that integration process in the interests of Canadian society. Accordingly, Using International Law in Canadian Courts sets out to provide Canadian practitioners and legal academics with a straightforward guide to using public international law in Canadian courts and tribunals.
Gib van Ert is a member of the British Columbia bar and practices civil litigation with Hunter Litigation Chambers in Vancouver. He holds a BA in history from McGill University, an MA in law from Sidney Sussex College, Cambridge, and an LLM from the University of Toronto. He has published numerous articles on international and constitutional topics.
Summary Table of Contents CHAPTER 1 Introduction CHAPTER 2 Definitions, sources, and forums CHAPTER 3 Evidence and procedure CHAPTER 4 Reception and the unwritten constitution CHAPTER 5 The presumption of conformity with international law CHAPTER 6 The incorporation of custom CHAPTER 7 Treaties CHAPTER 8 Reception of other sources of international law CHAPTER 9 International law and administrative decisions CHAPTER 10 International law and aboriginal peoples CHAPTER 11 International human rights law