Item – Thèses Canada

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Numéro d'OCLC
54460113
Auteur
Van Ert, Gib,1973-
Titre
International law in Canada : principles, customs, treaties and rights.
Diplôme
LL. M. -- University of Toronto, 2000
Éditeur
Ottawa : National Library of Canada = Bibliothèque nationale du Canada, [2003]
Description
2 microfiches.
Notes
Includes bibliographical references.
Résumé
My object in this work has been to reveal the extent to which the domestic law of Canada embraces public international law. I have tried to show that the common law which is the foundation of the Canadian reception system contains a powerful impulse to respect the rules of international law. That impulse is checked only by the common law's equally strong but ultimately opposing commitment to self-government. The result is a struggle in the common law which is resolved by reception rules that carefully balance the competing principles and thus assure the survival of both. In Canada, this struggle of principles has been carried beyond the common law to the statutory provisions of the Canadian constitution. While at common law the struggle is mostly resolved and the reception rules that resolved it mostly settled, the conflict between respect for international law and self-government continues in our constitutional provisions on federalism and human rights. I have argued that the resolution of these constitutional controversies should be informed by the wisdom of the common law reception system, in which the competing principles are observed and respected as far as is consistent with the survival of them both. (Abstract shortened by UMI.)
ISBN
061274213X
9780612742130