Hope still lingers as Canada ratifies the UN Convention on the Rights of Persons with Disabilities

Canada ratified the UN Convention on the Rights of Persons with Disabilities, on March 11^th, one day before the official opening of the Paralympic Games in Vancouver. This long-awaited ratification made Canada the 78^th nation to have adopted the Convention.[1] In addition to requiring provincial governments to update a number of laws, the document imposes a fundamental shift of the focus from institutionalization to integration of people with disabilities. Further, the convention will empower individuals to challenge laws and policies, deemed in conflict with the convention. The UN Convention on the Rights of Persons with Disabilities has important implications in Canadian immigration and refugee law. How far can its remedial stretch extend in offering hope to disabled immigrant and refugee applicants who seek permanent status or asylum in Canada?

The blatant exclusion of people of disabilities from immigration to Canada on the basis of disability stems back to the 1910 Immigration Act which altogether banned the immigration of people with mental disabilities. The 1927 Immigration Act expanded the basis for refusal to entry to Canada to physical disabilities as well. The subsequent amendment of the Act in 1976, introduced a less blatant discriminatory provision. Under this Act, people with disabilities could be excluded from immigration because they might place “excessive demands” on health or social services. This practice acquired a new dimension with the passing of the 1985 Immigration Act, which had s.…

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Non-Governmental Organizations: some new (very muscular) kids on the block

Non-Governmental Organizations (“NGOs”)[1] play an increasingly important role in the moulding of new international policies and their influence has grown dramatically in the last couple of decades[2]. The activity of NGOs has also become ever more international in nature,[3] as globalization has both created and revealed international issues which require the attention of the international community. Increasing international awareness of fields like human rights and environment, the establishment of powerful international organizations such as the World Trade Organization (WTO) together with improvements in sectors such as telecommunication and transportation, have all joined together and have turned the activities of international NGOs into living reality. Although not yet fully recognized as subjects of international law[4], NGOs are considered today as new emerging players in the contemporary international legal system[5].

The rising influence of NGOs brings about many questions and debates, mostly concerning democracy and representation. I would however, like to focus on another problem, one which is less of legal nature and more related to narrative, power and appearance. I would like to refer in this post to the fact that NGOs reputation as objective, impartial “watchdogs” may be improperly used by political actors and other agenda driven bodies. Political agendas, in my view, are not “wrong” and should not be excluded from the activity of NGOs. Politics and agendas are a legitimate part of the public sphere, and it would be quite naïve…

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Last Week in International Law

1. Prosecutor v. Karadzic

On November 5, the UN International Criminal Tribunal for the former Yugoslavia postponed the trial against former Bosnian Serb leader Radovan Karadzic until March 2010. Karadzic ended his boycott of the proceedings earlier this week, saying it would be “criminal” if he had “to enter a trial for which I am not prepared.”

As discussed last week, Karadzic’s boycott of the trial led judges to begin hearing the prosecution’s case and warning Karadzic to appear in court or risk being tried in absentia.  Besides postponing the trial, the tribunal has also appointed a lawyer to represent Karadzic.

Karadzic has vowed to resist the imposition of counsel.  He has seven days to apply for permission to appeal the ruling, and another seven days thereafter to file an appeal.

2. Lisbon Treaty

The Lisbon Treaty was officially ratified by the last European Union member state, the Czech Republic, on 3 November 2009. It is expected to officially become law in December.

The treaty is an attempt to make the EU more cohesive and influential on the worldwide stage, though some critics have seen it as a threat to national sovereignty. The treaty grants new powers to the European Commission, the European Parliament and the European Court of Justice.  Legislation will now be decided by “co-decision” by the parliament and the European Council.  A major change regards the president of the Council.  Currently, countries take turns at being president for six…

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Somalian Pirates We!

In the battle against the ever-increasing threat of piracy off the coast of Somalia, a court has finally entered the fray. The court in question is Dutch, and in a recent decision stepped in to prevent a 14-year old girl from sailing off on her own to join the Somali pirates. Typically, the girl claimed she only wanted to break the record for the youngest solo circumnavigation of the world by sail. The truth however is painfully obvious: under the influence of torrent websites and Johnny Depp, youngsters from around the world are unable to resist the romance of piracy, and are setting sail to Somalia to sign up.

Striking a blow against Somali piracy, the momentous Dutch decision responded to a simple question: with no credible Somali government, who else was going to do it? And why shouldn’t a country enforce laws for someone else – look at Belgium’s fancy “universal jurisdiction” law. These questions go to a problem at the heart of public international law today: the “law is power” conundrum. In private international law, states in recent history have been moving further and further from a power-based model towards one founded on international comity. Globalisation rhetoric would have us believe that public international law is doing the same, but the Somali piracy issue belies this notion.

Somalia today, along with a handful of other places such as Pakistan’s tribal regions and…

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