
doi: 10.2139/ssrn.1554469
This article makes three arguments and a proposal relating to the difficulties created by the implementation of ratified but yet unincorporated treaties in Canada: 1. International law is undemocratic; 2. Private remedies are unavailable; 3. Courts don’t know how to deal with unincorporated treaties; 4. We need a democratic institution monitoring the implementation of Canada’s treaty obligations.The author argues that international law is still almost completely in the hands of the executive, at a time when international law has invaded all aspects of daily life. Therefore, the interface between international law and domestic law needs to be democratized, if citizens are to understand the relevance of international law and to have a meaningful impact on its creation and implementation.
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