Keeping Countries Safe from Refugees – How the Canadian Courts Interpret International Law to Place Sovereign Rights Above Individual Rights
Bibliographic record
Abstract
This thesis examines the Safe Third Country Agreement between Canada and the United States, and the ongoing litigation contesting its compliance with the Canadian Charter of Rights and Freedoms. Drawing from the work of Third World Approaches to International Law (TWAIL) scholars, the thesis traces the development and creation of racially motivated but facially neutral laws and procedures in the late nineteenth and early twentieth century to present-day immigration control measures. The thesis argues that the architecture of international law elevates sovereign rights over those of the individual, and this structural imbalance has encouraged and facilitated the widespread diffusion of “safe country” agreements between states. Building upon the work of private international law scholars, the thesis contends that the Canadian Supreme Court has interpreted the concept of comity to require an unnecessarily deferential posture to the interests of foreign sovereigns.
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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 | 0.006 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.003 | 0.005 |
| Science and technology studies | 0.040 | 0.044 |
| Scholarly communication | 0.026 | 0.007 |
| Open science | 0.002 | 0.005 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
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".