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51 Comm. L. World Rev. 3 (2022)

handle is hein.journals/comlwr51 and id is 1 raw text is: Recent Developments W orld Review Common Law World Review 2022, Vol 51(1-2) 3-I Friendly judicial challenges @© The Author(s) 2021 , , Article reuse guidelines: from the North: The decision sagepub.com/lournals-permissions DOI: 10.1177/14737795211055781 of the Canada Suprem e Court ournalssagepubxcom/home/clw OSAGE in Nevsun Resources Ltd v Araya Winston Anderson Abstract The recent decision of the Supreme Court of Canada in Nevsun Resources Ltd vAraya and others (International Human Rights Program and others intervening) is worthy of the attention of the common law world. The case interrogated, albeit in relation to the preliminary issue of the striking out of a claim, significant aspects of the relationship between domestic law and cus- tomary international law. The doctrine of 'act of state' and the nature and extent of the incor- porated norms of international law were examined in rich detail and the differing opinions by the Justices present important albeit conflicting guidance for their foreign counterparts. Other apex courts will have to make what they will of the Nevsun decision that it is possible that local corporations can be held liable in domestic law for breach of customary international norms in respect of their acts or those of their subsidiaries in foreign countries. Keywords International and domestic law, incorporation, act of state doctrine, value of common law precedents For those of us privileged enough to sit on the bench of apex courts which stand in the tradition of the common law the recent decision of our colleagues in the Supreme Court of Canada in Nevsun Resources Ltd v Araya and others (International Human Rights Program and others intervening)1 offers the happy prospect of challenging work coming our way. The case interro- gated, albeit in relation to the preliminary issue of the striking out of a claim, significant aspects 1. [2020] 3 LRC 468. Caribbean Court of Justice, Port of Spain, Trinidad and Tobago Corresponding author: Winston Anderson, Caribbean Court of Justice, 134 Henry Street, Port of Spain, Trinidad and Tobago. Email: profwinstonanderson@gmail.com