From: Baughen S.J. <s.j.baughen@swansea.ac.uk>
To: Obligations <obligations@uwo.ca>
Date: 04/03/2020 09:28:36 UTC
Subject: Supreme Court of Canada gives its decision in Nevsun v Arraya

Dear All,

 

An interesting recent tort decision in the claim against a Canadian mining corporation based on its subsidiary's shareholding in a gold mine in Eritrea in which the Eritrean state is alleged to have used slave labour. 

 

 It has now decided, thirteen months after conclusion of the hearing, that: (1) 7-2 that the Act of State doctrine does not form part of the law of Canada and (2) 5-4 that a cause of action based on violations of customary international law exists. In this case the claim is for aiding and abetting violations of the norms prohibiting slavery and crimes against humanity. It now goes back to the trial judge.

Best wishes,

Simon

Simon Baughen, Professor of Shipping Law, Athro Cyfraith Llongau.


https://orcid.org/0000-0003-0837-4501