New work on interim measures of protection in human rights cases
Joanna Harrington, "The Legitimacy of Interim Measures from the Perspective of a State: The Example of Canada" in Eva Rieter & Karin Zwaan, eds, Urgency and Human Rights: Perspectives on the Legitimacy and Usefulness of Interim Measures in Human Rights Cases (The Hague: TMC Asser Press, 2020).
This chapter is part of a forthcoming book on the urgent need for widespread respect for interim measures requests in international human rights cases, calling for improvements from both states and the treaty monitoring bodies, with state confidence to be fostered through greater transparency and rigour in reasons. A pre-print version of the chapter is available from SSRN.
Assessing Canada's legislative scheme for tackling foreign corruption
Joanna Harrington, "Addressing the Corruption of Foreign Public Officials: Developments and Challenges within the Canadian Legal Landscape" (2018) 56 The Canadian Yearbook of International Law 98-143. DOI: 10.1017/cyl.2019.3
This article undertakes a scholarly review of the past 20 years of Canadian effort under the Corruption of Foreign Public Officials Act, identifying the need for more work to be done to improve the Act's effectiveness. It also identifies the need to more clearly define the victims of foreign corruption and discusses the need to secure the return of proceeds of crime through improved inter-state cooperation across multiple jurisdictions.
Providing assistance for the victims of foreign corruption
Joanna Harrington, “Providing for Victim Redress within the Legislative Scheme for Tackling Foreign Corruption” (2020) 43:1 Dalhousie Law Journal 245-280. Open access here.
This article examines the prospects for victim redress for the corporate commission of foreign corruption, using Canada as a case study and the SNC-Lavalin affair as the factual backdrop. Borrowing from environmental law, the article proposes the creation of a fund to which the financial penalties for foreign corruption could be directed to support the provision of international development assistance to affected foreign countries.
For an earlier piece for Policy Options magazine on the often forgotten overseas victims of foreign corruption, see here.
New edition of the Public International Law title for Halsbury’s Laws of Canada
Established in 1907, "Halsbury’s" is the common law world’s best known first point of reference for legal practitioners. The first edition of a Canada-specific Halsbury's was launched in 2006 and completed in 2012. With 100+ subject titles written by academics, practitioners and judges, HLC aims to provide a clear exposition on every aspect of the current law of Canada. The series, and the new title, is available in print and online via LexisNexis Advance Quicklaw.
Written evidence to International Agreements Sub-Committee
On 10 July 2020, the United Kingdom House of Lords European Union Select Committee released its report on Treaty Scrutiny: Working Practices (HL Paper 97), urging for meaningful consultation with devolved governments and other stakeholders before new treaty texts are finalized, including free trade agreements in the post-Brexit era. The EU Committee’s report, found here, cites the written evidence of Professor Joanna Harrington, found here.
Extradition, diplomatic assurances and human rights
Joanna Harrington, "Extradition, Assurances and Human Rights: Guidance from the Supreme Court of Canada in India v Badesha" (2019) 88 Supreme Court Law Review (2d) 273-293. Open access here.
This article evaluates a recent Supreme Court of Canada decision concerning a legal challenge to the use of diplomatic assurances by sending states to alleviate substantial risks of serious mistreatment faced by an individual wanted for trial in another state. It is cited in RJ Currie & J Rikhof, International and Transnational Criminal Law, 3rd ed (Irwin Law, 2020) at 599.