International Law

Canada is a promoter of human rights and international law in a world where global rules are being challenged

Introduction ~ Background ~ Future directions

Introduction

The views expressed in this publication are provided here to stimulate discussion and learning. They do not reflect the views of Canada’s World staff, reviewers, funders, collaborators, or the SFU Centre for Dialogue.

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When we began our conversations with Canadians about the new realities facing Canada in the international arena, one theme came up time and time again - the changing expectations for acceptable behaviour in the international arena, or what are sometimes called "norms". Some people focused on international law when explaining what they meant by norms or expectations. Others focused specifically on what they perceive to be the breakdown in trade or environmental agreements or the rise in human rights abuses.  Others focused on the decline in "multilateralism", or when states act together in cooperation rather than separately. They stressed that this cooperation seems less likely to occur in recent years.

Whatever the starting point for the discussion, each of the consultations addressed an anxiety that our "international order" is shifting.  Multilateral institutions like the United Nations are struggling to find solutions to pressing global problems, countries are ignoring or undermining existing treaties and agreements, new "non-state" actors are becoming powerful forces in international affairs, all at a time when public expectations for effective multilateralism and the rule of law have never been so high. The public expects a lot from the UN, and generally expects a great deal of cooperation by states. There is, however, a growing gap between expectations and capacity.

We don't need to look far to see examples of these trends and their importance in Canada:

→  The unlawful deportation of Mahar Arar to prison and torture in Syria, leading to a public inquiry and compensation

→  The breakdown of the ratification and implementation of the Kyoto Accord

→  The detention of prisoners in Guantanamo Bay without trial

→  The use of U.S.-laid anti-personnel landmines to protect Canadian soldiers in Afghanistan

→  The "just sue us" approach to international trade laws practiced by many countries

→  Ineffective action by the UN to address the humanitarian crises in Rwanda and Darfur

→  The use of child-soldiers by rebel and government forces (e.g. in Sri Lanka, Democratic Republic of the Congo)

If the role of the international community and laws in addressing global injustices are not meeting public expectations, and if some see a change in international norms, what can or should Canadians do about this?   What role do we want Canada to play in adapting to or advancing an international system that is being challenged by the emergence of new actors and issues?

The voices of Canadians are needed in this discussion: we will live with the consequences of choices made and we have a right and responsibility to provide direction to our leaders. This guide provides background to help set the stage for your discussions. It also supplies some approaches to the issue to stimulate your ideas and thinking about where we should be headed as a country.