The Domestic Application of International Human Rights Law: Canada Supreme Court’s Decision on the Abuse of Eritrea’s Mine Workers
Bibliographic record
Abstract
On February 28, 2020, the Supreme Court of Canada gave a majority decision which may change the face of corporate liability for human rights violations perpetrated outside Canada.In the past, claimants had brought actions of human rights violations such as forced labor, slavery and torture against corporations using tort law but, with the recent decision which emanated from an appeal on a motion to dismiss by Nevsun Resources Limited in Nevsun v Araya, claimants now have a shot at bringing their actions under Customary International Law per the Supreme Court's decision that Customary International Law is a part of the Canadian Common Law so long as the law does not contradict the existing law in Canada.The plaintiffs in this case claimed several human rights violations against Nevsun including forced labor and slavery.While Nevsun sought for the matter to be struck out under the ground that the alleged acts occurred outside the jurisdiction of Canada therefore, Canada was not the proper forum to hear the case.The majority reasoned that the human rights norms said to have been violated belonged to the class of Customary International Law that permitted no derogation (Jus Cogens) hence; it was automatically incorporated into the law of Canada.But the dissenting opinion held that the acts alleged where acts of a foreign state (Eritrea) because, Nevsun was acting in agreement with the Eritrean government and Canada cannot sit over the act of another state.The facts, decision and argument of the case led this research to explore the mass exodus and trafficking of women including children whereby, women were subjected to sexual exploitation and torture both within Eritrea and on the road to a supposed promised land, as a result of the hostile political situation in Eritrea.Researching this case has not been without challenges as there were conflicting data on the state of women in the Eritrean due to state fed data provided by the Eritrean government or the lack of it therefore, this research is not conclusive in that aspect
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.006 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.025 | 0.006 |
| Scholarly communication | 0.010 | 0.001 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.013 | 0.013 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".