FOREIGN GOVERNMENTS BEFORE THE COURTS

Authors

  • HUGH M KINDRED

Abstract

This article seeks to reveal the inadequacies of Canadian legal doctrines dealing with foreign governments as litigants before Canadian courts. After reviewing the traditional principles applied to concepts such as recognition and immunity, it proceeds to illustrate the breakdown of judicial reliance on those principles and the consequent inadequacy of current ones, as a result of changing international relationships. Finally, it concludes by analyzing problems raised in the context of executive certificates, unrecognized regimes and recognized states and governments.

Keywords:

Civil Procedure, International Law

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Published

1980-09-01

Issue

Section

Legal Commentary