The Supreme Court’s Nevsun Decision Firmly Incorporates Customary International Law into Canadian Common Law in the Class Action Context
Can a Canadian company be held liable in Canada for breaches of International Law abroad? One of the Supreme Court of Canada’s most recent decisions definitively answers that question in the affirmative. On February 28, 2020, the Court released a decision that sharply defined the role of customary international law in Canada. The decision, Nevsun Resources Ltd. v Araya et al., 2020 SCC 5, addresses two major issues: the role (or more accurately, lack thereof) of the “Acts of State” doctrine in Canadian law and whether customary international law is automatically part of Canadian law. The case began as a ... [more] Full article
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