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In 2006, a new Human Rights Council came into existence, replacing the former Commission on Human Rights with a restructured intergovernmental body for the global promotion of human rights and fundamental freedoms. Heralded as a turning point for human rights within the UN system, it was hoped...
Introduction: In 2006, a new United Nations (UN) Human Rights Council came into existence, replacing the former UN Commission on Human Rights with a restructured body for the promotion of fundamental rights and freedoms. Heralded as a turning point for human rights within the UN system, the new...
Introduction: In December 2005, the Inuit Circumpolar Conference (\"ICC\") (renamed the Inuit Circumpolar Council in July 2006) publicly lodged a lengthy petition against the United States with the Inter-American Commission on Human Rights (the \"Commission\"), a Washington D.C.-based...
Punting terrorists, assassins and other undesirables: Canada, the Human Rights Committee and requests for interim measures of protectionDownload
The author critically analyzes the derisory manner in which Canadian courts have regarded Canada's international human rights treaty obligations. More specifically, relying on the recent Canadian judicial pronouncements in Ahani v. Canada, the author questions the usual justifications put forth...
Treaties are a significant source of law on a wide range of subjects, but traditionally do not become domestic law without national implementation. Nevertheless, the legal character of treaty rules does place pressure on a state's domestic institutions to ensure compliance. Given the influence of...
Introduction: On 2 October 2000, the Uited Kingdom brought into full force and effect its Human Rights Act 1998,1 bringing forth a new era in the protection of civil and political rights in the UK. Although the HRA received Royal Assent on 9 November 1998, the government in Westminster...
Extradition, as a cross-border act, inevitably involves both domestic and international law. For most states, the terms and conditions of extradition are governed by both treaty and statute, with the obligation to extradite flowing from an extradition treaty. Human rights treaties, however, are...
Introduction: The death penalty is a subject that, in the words ofJustice Adrian Saunders of the Eastern Caribbean Court of Appeal, \"invariably elicits passionate comment.\" Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent...
The democratic challenge of incorporation: International human rights treaties and national constitutionsDownload
According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...