“Private” Breaches of International Law: Lessons from Domestic Courts for International Investment Law
[Siddharth S. Aatreya is an LLM Candidate in International Law at the University of Cambridge and a General Editor of the Cambridge International Law Journal.] The Canadian Supreme Court’s decision in Nevsun Resources v. Araya has shone new light on the debate around the horizontal application of international law, particularly international human rights norms. With a 5-4 majority, the court held that Nevsun, a Vancouver-based...