Bhasin v. Hrynew (2014) the Supreme Court of Canada

CanadianSupremeCourtWhy is this ruling so important?
In this ground-breaking ruling, the Canadian Supreme Court affirmed the existence of the principle of good faith in contract law. This is a wonderful example of the application of ius cogens, or general principles of law. Since the Supreme Court of Canada had ruled that lower courts may not overrule decisions of higher courts (the so called Stare Decisis doctrine), and the Supreme Court is the highest Canadian court, the principle of good faith in contract law applies fully in all Canadian States.

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Trade agreements and politics – bad romance?

Open trade bad idea

In the media, we see some surprised responses to the fact that the Walloon parliament in southern Belgium is able to veto an international trade agreement on behalf of Belgium. This concerns the Comprehensive Economic and Trade Agreement (CETA) closed between the EU and Canada. The surprise does not come from the fact that people or parliamentarians oppose to big trade agreements, but rather that the Walloon parliament is able to resist to such an agreement, being a regional (and not a national) legislature. However, this is not so surprising when we take a closer look at the Belgian constitutional system and its current political climate.

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