Law 2101 Lecture 23: Law 2101 - Lecture 23 - Dec 1
3 Dec 2016
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Class 3: case study on the interaction of canadian and international law relating to. Recap fro(cid:373) tuesday"s class on monism (as modified by canada) For canada, customary international law automatically forms a part of canadian law. In other words, customary international law enters canadian domestic law directly, without the need for transformative legislation. However, domestic canadian legislation can be enacted to displace/trump customary international law. As far as possible, domestic legislation should be interpreted consistently with customary international law obligations: v. hape (2007, scc): customary international law on state sovereignty is canadian law. The principles of non-intervention and territorial sovereignty may be adopted into the law of canada in the absence of conflicting legislation. These principles must also be looked at in determining the scope of extraterritorial application of the charter. Interaction between the international law on terrorism and domestic law on terrorism. Has a very particular role under international law.
