TWENTY-FIVE YEARS OF PUBLIC INTERNATIONAL LAW AT THE SUPREME COURT OF CANADA
AbstractThe Secession Reference crowns a quarter-century of significant contributions to public international law. The Court pioneered the use of international human rights law in the interpretation of constitutional rights and freedoms. Its methodology has been adopted in other jurisdictions where constitutional instruments, like the Charter, have drawn on international models. Still, there remains some resistance in the Court to any wholesale application of international case law. Where international law has been incorporated directly, such as the Refugee Convention, the Court offers important insights into treaty interpretation. Regrettably, the Court has yet to tackle the fascinating area of customary international law.
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