Friday 11 July 2008

Palestinian Village Sues in Canadian Courts

Both Al Jazeera and The Guardian reported yesterday on a lawsuite filed in Montreal against a Canadian corporation for erecting buildings on Palestinian land in the Occupied Territory, in contravention of the fourth Geneva Convention: Firms sued for Israeli settlements http://english.aljazeera.net/news/middleeast/2008/07/20087101026876428.html). I have managed to obtain a copy of the actual lawsuit: http://www.mediafire.com/?9d2mivxx5z1. Quebec is a civil law jurisdication, and its tort law legal regime is based on a general provision that makes harm caused to another person actionable. The fourth Geneva Convention underpins the allegation, as I understand the claim. The corporation is apparently domiciled in Quebec, which gives its courts jurisdiction. Quebec law recognises the forum non conveniens doctrine, but it will be for the defendant to demonstrate that courts elsewhere in the world - in Israel, presumably - are better equipped to deal with the litigation.
Thanks to Michael Kearney.

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