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International Trade - Legal ConventionsInternational legal 'conventions' are roughly akin to the 'common law' of international law.
. Thales DIS Canada Inc. v. Ontario
In Thales DIS Canada Inc. v. Ontario (Div Court, 2022) the Divisional Court comments on the use of trade tribunals decisions as 'conventions' for international trade law interpretation:[50] As a preliminary matter, the Director noted in paragraph 24 that the parties “do not differ substantially in their substantive review of the international trade law applicable to the analysis of the safety exception under CETA.” This is understood to mean that both parties accepted that the approach in, among other cases, the Brazil Decision is applicable. While this case, and the other cases referred to herein which follow the same approach, are not technically binding on this Court, the approach in the Brazil Decision appropriately collects and addresses the issues that are relevant to a determination of whether a trade restriction is “necessary” for the purposes of the public safety exception. In addition, as discussed below, insofar as the approach in these cases is applied in respect of similar provisions in trade treaties generally, the principles articulated in these decisions should be regarded as conventions which constitute constraints on administrative decision-makers: see Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, 441 D.L.R. (4th) 1, at para. 114. Accordingly, I have applied this approach in the analysis of the reasonableness of the Decision.
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