Law 2101 Lecture 8: International Law

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31 Aug 2018
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Class 1: the dualist approach to integrating international law into domestic law. Monism and dualism: monism: international law is immediately incorporated as part of a state"s domestic law - for ex, in the case of a treaty, upon a state ratifying that treaty. International law doesn"t enter domestic law until it"s changed into domestic law: one type of international law very important for the dualist approach is the international treaty. 21 sitting days during which members of parliament can debate the treaty. This ensures a period of serious consideration before they make a decision to adjourn and move towards ratifying or not: finally, the gov can introduce legislation to transform that treaty into canadian law. Under the policy, they will explain this to the pm as to why no transformation is required: exceptions to the policy on treaty tabling, francis v. canada (1956) (supreme court of canada)

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