From Many Different Stones: A House of Justice
AbstractThe author argues that globalization has had a profound effect on both judging and lawyering, particularly in the area of international human rights. Because human rights issues arise in several jurisdictions concurrently, and because of advanced communications technology, judges and lawyers are increasingly able to incorporate material from across the globe into their decisions and arguments. Canadian judges and lawyers must grapple with issues concerning the implementation of international documents in Canadian law, and do so without much familiarity with international law. Several Supreme Court of Canada decisions make reference to international instruments as relevant considerations, but not necessarily binding authority. The persuasive character of international decisions depends on their contexts — some of which are and some of which are not appropriate to apply domestically. The author concludes with a call to all legal practitioners to participate fully in the increasing international legal dialogue.
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