Nuclear law: The applicability of Canadian and related international public law principles to litigating the issue of nuclear weapons in Canadian courts.

Abstract

The purpose of this thesis is to examine questions of substantive law raised by the prospect of bringing the issue of nuclear weapons before a Canadian court. First, the history of litigation of nuclear issues since 1945 will be reviewed. Next, the relevant principles of international law will be examined for their application, either direct or indirect, to nuclear weapons issues. Other areas of international public law, such as environmental law, human rights law and international criminal law, will also be examined to see how they may be applied to nuclear weapons. In addition, consideration is given to the effect of such influential aspects of the international system as resolutions of the United Nations and unilateral declarations by states. This is followed by a study of how and when international law can be applied by a domestic court in Canada. The next chapter examines principles of Canadian law which may have an application to the issue of nuclear weapons. The primary sources here are the Canadian Charter of Rights and Freedoms, the Constitution Act, 1982 and the Criminal Code.