Canadian and International Law


Contemporary international law has originated in 16th and 17th century in Europe.  International law regulates relations among various states that have common principles, religious beliefs and commercial interests.  It has the objective to protect the participated countries from any acts of violence and terrorism. Today, Canada is one of the 184 countries in the world that is governed by the principles, customs and standards of international law. Presently, the international law is covering laws pertaining to war, acknowledgement of the government and states. Human rights, law of the sea and resolution to dispute issues have been given top priority by the international law.   Furthermore, the UN plays a vital part in the international issues among the nations of the world through its PEACEKEEPING role for the progress and improvement of the embodied laws.  Likewise, the organization works in the promotion and development of world economy, politics and social aspects of all participated nations. 


(http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=a1ARTA0004034)


Under the international law, there are treaty agreements among nations that are bonded with the UN General Assembly resolutions.  The proper conduct and practice of all states must be generally guided by the principles of law and judicial decisions of the judiciary level in the international law.  In this connection, Canada has naturally certain legal, legislative and judicial rights as well as obligations and responsibilities in the international law that are being followed accordingly.  Along with these various provisions, Canada became the signatory to the Vienna Convention of the Law of Treaties.  As a matter of fact, there are nearly 200 treaties made between Canada and United States of America; aside from other treaties that Canada has with other countries.  Canada like other states has a customary international law as part of Canadian law.  Nevertheless, most customary rules are now associated in multilateral conferences.  And, one of recognized principle of international law is that the state should respect the self-governing equality of all states.  Second, all states must refrain from threatening acts against each other.  All states must settle the disagreement between them by peacefully and diplomatically. 


(http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=a1ARTA0004034)


On the other hand, there are present international issues in Canadian Law that deeply rooted way back the time that World War II occurred.  In addition, during the previous years many modifications have been made to improve and add the existing embodied laws in the Canadian law.  The current law that has been developed are laws for fast-pacing of technological development, telecommunications and travel.  At the same time, law in international sea has also been developed and improved for the well being of entire Canadians. 


(http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=a1ARTA0004034)


Correspondingly, Canada has a constitutional monarchy under the head of the state; Elizabeth II who is the queen of Canada.  Although, the queen does not have the juridical authority; still the government still pass laws in her name by the Governor General and by Lieutenant-Governors in the provincial areas.  Comparatively, the Canadian legal structure was being recognized by the British North America Act-1867 that covers the provisions of creation of a federal government and different   provincial government sectors and varied court systems in the country.  Additionally, the federal government of Canada has been given exclusive power to design and implement laws for Peace and Order as well as good governance of Canadians.  In the contrary, there are some issues that are being covered by the federal powers.  They include the implementation of law for the trade and commerce, law that protects unemployment insurance, law regarding postal service.  In the same fate, military and naval service and defense are also being given attention by the law making bodies.  Together with the implementation of laws that will protect navigation and shipping issues inside the state.  What else? Banking laws is also included; and of course the patents and copyright bill for the protection of individuals in the arts and entertainment industry. And, the last but not the least, is the proclamation of the law for marriage and divorce. By the same token, provincial governments have given constitutional right to exercise its power over certain areas such as implementing laws for direct taxation in the provinces.  This process is to generate more revenues in the provincial projects and businesses.  Second is the incorporation of the provincial companies and businesses.  Third  is  the giving solemn marriage rights in the provinces.  Fourth is the law for the civil rights of the property and land owners   in the provinces.  Lastly, is the bill intended for the prisoners.  Subsequently, parliament and the provincial legislatures have the same authority in the agriculture and immigration as well as certain issues that are related to natural resources of the country. 


(http://www.nyulawglobal.org/Globalex/Canada.htm)


References:


(http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=a1ARTA0004034)


(http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=a1ARTA0004034)


(http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=a1ARTA0004034)


(http://www.nyulawglobal.org/Globalex/Canada.htm)


 


 



Credit:ivythesis.typepad.com



0 comments:

Post a Comment

 
Top