Judicializing Foreign Affairs: The Canada-Saudi Arms Deal and the Implications of Transnational Tort Law

Abstract

Commentary on the Canada-Saudi Arms Deal has honed in on its foreign policy and political economy elements. I embark from that literature to tackle one intersectional area that finds its roots in American legal circles, but remains nascent in Canada. Private tort claims can serve as a basis for redress for individuals who have experienced fundamental human rights harms. When those claims relate to lucrative arms exports that impugn powerful government and corporate actors, they can have broader implications for a country’s economy and foreign relations. In this article, I explore consequential effects that Canada’s burgeoning transnational tort laws can have on Canada-Saudi relations as well as the Canadian defense industry — a phenomenon Alter and others refer to as litigation’s “tools of influence” over political matters.