Local Engagement with International Economic Law and Human Rights
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Local Engagement with International Economic Law and Human Rights

Edited by Ljiljana Biukovic and Pitman B. Potter

Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.
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Chapter 4: Challenging an investment agreement in Canada: Hupacasath First Nation’s application for judicial review against the CCFIPPA

Naayeli E. Ramírez-Espinosa

Abstract

This chapter discusses the judicial decisions that dismissed an application for judicial review brought by the Hupacasath First Nation (Hupacasath) in British Columbia, Canada against the Federal Government of Canada in 2012. The application sought a declaration that Canada is required to engage in a process of consultation and accommodation with the Hupacasath and all First Nations prior to the ratification of the Foreign Investment Promotion and Protection Agreement between Canada and China (CCFIPPA). This chapter critiques the legal analysis made by the Federal Court of Hupacasath’s application and emphasizes the relevance of self-government as a structure to enable the participation of First Nations in the decisions that affect them and their territories, and the local reinterpretation and adaptation of international law standards according to local needs and context.

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