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When Do Human Rights Treaties Help Asylum Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
When Do Human Rights Treaties Help Asylum Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
Osgoode Hall Law Journal
This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict the circumstances under which domestic courts in Canada reference treaties in ways that help refugees obtain relief. This new theoretical approach adds to the literature on treaty effectiveness in the litigation context by suggesting that the extent to which Canadian domestic courts reference treaties in ways that help refugees depends on several factors, including the manner in which those treaties …