The British Columbia Court of Appeal has today granted leave to intervene to EarthRights International in an appeal from this decision Araya v. Nevsun Resources Ltd., 2016 BCSC 1856.
The proceeding raises issues of transnational law being the term used for the convergence of customary international law and private claims for human rights redresses and which include: (a) whether claims for damages arising out of the alleged breach of jus cogens or peremptory norms of customary international law such as forced labour and torture may form the basis of a civil proceeding in British Columbia; (b) the potential corporate liability for alleged breaches of both private and customary international law. This in turn raises issues of corporate immunity and whether the act of state doctrine raises a complete defence to the plaintiffs’ claims.
EarthRights International has been granted leave to make submissions on the Act of State doctrine and norms of customary international law.
EarthRights International is a nongovernmental, nonprofit organization that combines the power of law and the power of people in defense of human rights and the environment. To read more about their essential work, click here.
EarthRights International is represented by Alison Latimer and Tamara Morgenthau.