Books, Articles and Presentations (Forcese)
o Craig Forcese and Aaron Freeman, The Laws of Government: The Legal Foundations of Canadian Democracy , Second Edition (Toronto: Irwin Law Books, 2010) (treatise, 600 pages).
o First Edition , 2005 (treatise, 700 pages).
o Nicole LaViolette and Craig Forcese (eds), The Human Rights of Antiterrorism (Toronto: Irwin Law, 2008) (edited collection, 527 pages).
o Craig Forcese, National Security Law: Canadian Practice in International Perspective (Toronto: Irwin Law 2007) (treatise, 621 pages).
o John Currie, Craig Forcese and Valerie Oosterveld, International Law: Doctrine, Theory and Practice (Toronto: Irwin Law 2007) (casebook/textbook, 983 pages).
o Neil Craik and Craig Forcese (General Editors) and Philip Bryden, Peter Carver, Richard Haigh, Edward Ratushny and Ruth Sullivan, Public Law: Cases, Commentary and Materials Second Edition, (Toronto: Emond Montgomery 2011 forthcoming) (casebook)
o Craig Forcese, Commerce with Conscience Series: Putting Conscience into Commerce: Making Human Rights Part of Business as Usual; and Commerce with Conscience? Human Rights and Corporate Codes of Conduct (Montréal: International Centre for Human Rights and Democratic Development 1997) (two volume treatise, 200 pages in total).
Articles & chapters
Visit Forcese SSRN Website for electronic copies of several of these articles.
Refereed (by Peers or Book Editors)
o Craig Forcese and Kent Roach, “Limping into the Future: The UN 1267 Terrorism Listing Process at the Crossroads ,” George Washington University Law Review.
o “Spies without Borders: International Law and Intelligence Collection,” (2011) 5 Journal of National Security Law & Policy pp. 179-210.
o “The Collateral Casualties of Collaboration: The Consequence for Civil and Human Rights of Transnational Intelligence Sharing,” in Hans Born, Ian Leigh, Aidan Wills, International Intelligence Cooperation: Challenges, Oversight and the Role of Law (Routledge, 2010).
o “Catch and Release: A Role for Preventive Detention Without Charge in Canadian Anti-Terrorism Law ,” IRPP Study, No. 7 (July 2010), pp. 1-49.
o “A Distinction with a Legal Difference: The Consequences of Non-Citizenship in the ‘War on Terror’”, in Edwards and Ferstman (eds) Human Security and Non-Citizens: Law, Policy and International Affairs (Cambridge: Cambridge University Press, 2010), pp.421-458.
o “Canada’s National Security ‘Complex’: Assessing the Secrecy Rules ,” (2009) 15(5) IRPP Choices, pp. 1-38.
o “Corporate Accountability and International Trade Law”, Oxford University Press Handbook of International Trade Law (2009), pp.723-748.
o “De-Militarizing Counterterrorism: Anti-Terrorism, Human Rights and the Use of Force ,” in Craig Forcese and Nicole Laviolette (eds), Human Rights of Antiterrorism (Toronto: Irwin Law Books, 2008), pp.165-202.
o “Fixing the Deficiencies of Parliament Review of Anti-terrorism Law: Lessons from the United Kingdom and Australia ,” (2008) 14:4 IRPP Choices pp.2-25.
o “Hegemonic Federalism: The Democratic Implications of the UN Security Council’s ‘Legislative’ Phase ,” (2007) 38:2 Victoria University of Wellington Law Review pp.175-198.
o “The Obligation to Protect: The Legal Context for Diplomatic Protection of Canadians Abroad ,” (2007) 57 University of New Brunswick Law Journal pp.101-133.
o “De-Immunizing Torture: Reconciling Human Rights and State Immunity ,” (2007) 52 McGill Law Journal pp.127-169.
o “Through A Glass Darkly: The Role and Review of “National Security” Concepts in Canadian Law ,” (2006) 43 Alberta Law Review pp.963-1000.
o “The Capacity to Protect: Diplomatic Protection of Dual Nationals in the ‘War on Terror ’,” (2006) European Journal of International Law, Vol. 17(2), pp.369-394
o “Clouding Accountability: Canada’s Government Secrecy and National Security Law ‘Complex’ ,” (2005) 36 Ottawa Law Review pp. 49-92.
o “’Militarized Commerce’ in Sudan’s Oilfields: Lessons for Canadian Foreign Policy,” (2001) 8 Canadian Foreign Policy, (no. 3) pp. 37-56.
o “Human Rights Means Business,” in Merali & Oosterveld (eds.) Reaching Beyond Words: Giving Meaning to Economic, Social and Cultural Rights (University of Pennsylvania Press, 2001), pp. 71-94.
o “Deterring Militarized Commerce: The prospect of corporate liability for 'privatized' human rights abuses,” (2000) 31 Ottawa Law Review, pp. 171-211.
o "Municipal Buying Power and Human Rights in Burma," (1998) 56 University of Toronto Faculty of Law Review, pp. 251-281.
US Law Reviews
o Craig Forcese and Kent Roach, Forthcoming, “Limping into the Future: The UN 1267 Terrorism Listing Process at the Crossroads,” George Washington International Law Review.
o “A New Geography of Abuse? The Contested Scope of U.S. Cruel, Inhuman and Degrading Treatment Obligations ,” (2006) 24 Berkeley Journal of International Law 908-938.
o “Shelter from the Storm: Rethinking Diplomatic Protection of Dual Nationals in Modern International Law,” (2005) 37 George Washington International Law Review pp.469-500.
o “Globalizing Decency: Responsible Engagement in an Era of Economic Integration ,” (2002) 5 Yale Human Rights & Development Law Journal pp. 1-55.
o “ATCA’s Achilles Heel: Corporate complicity, international law & the Alien Tort Claims Act,” (2001) 26 Yale Journal of International Law pp. 487-515.
Invited Articles or Chapters (Non-refereed)
o “Introduction,” Report: Volume 3: Policy and Consolidated Findings and Recommendations, Commission of Inquiry into Certain Allegations Respecting Business and Financial Dealings between Karlheinz Schreiber and the Right Honourable Brian Mulroney (May 2010)
o Joanna Harrington & Craig Forcese, “International Law and Democratic Considerations Fostering a Scholarly Network in International Law: An Introduction to the Special Issue,” (2009) 46 Alberta Law Review 863 – 867.
o Craig Forcese and Lorne Waldman, “A Bismarkian Moment: Charkaoui and Bill C-3 ,” (2008) 42 Supreme Court Law Review, pp. 355-414.
o “Administering Security: The Limits of Administrative Law in the National Security State,” in Lorne Sossin and Colleen Flood, Administrative Law in Context (Toronto: Emond Montgomery, 2008) pp.289-307.
o “Does The Sky Fall? NAFTA Chapter 11 Dispute Settlement and Democratic Accountability,” (2006) 14 MSU Journal of International Law, pp. 315-343.
o “The Kyoto Rift: Trade Law Implications Of Canada’s Kyoto Implementation Strategy In An Era Of Canadian-U.S. Environmental Divergence,” in Peter Kennedy (ed), The First Decade of NAFTA; The Future of Free Trade in North America (Transnational Publishers, 2004), pp. 393-421.
o “The Myth of the Virtuous Torturer: Two Defences of the Absolute Ban on Torture,” (2008) 46 Osgoode Hall Law Journal, pp. 853-870.
o “Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism,” (book review), (2008) 39 Ottawa Law Review pp.451-464.
o “The First Casualties of War: Disclosure and Privacy in the Post-9/11 Era” (book review), (2007) 38 Ottawa Law Review pp.105-114.
o “Terrorism and the State: Rethinking Rules of State Responsibility,” (2007) 85 Canadian Bar Review.
o “Torture and the New Normal: Modern Legal Thinking on an Ancient Scourge” (book review), (2006) 37 Ottawa Law Review, pp. 149-161.
o “The Jurisprudence of the GATT and WTO, by John Jackson,” (2001) 26 Yale Journal of International Law, pp. 299-301.
Brief Professional Publications
o Co-author, Canada-U.S. Trade Law Section, Annual Review of Foreign Law, (2003) 37 International Lawyer, pp. 893-897 .
o Co-author, Canada-U.S. Trade Law Section, Annual Review of Foreign Law, (2002) 36 International Lawyer, pp. 761-763.
Conference appearances and papers
Papers and Presentations at Academic and Public Policy Events
o November 2010, “Rule by Law: Legalism and Dilemmas in National Security,” Department of Justice, Human Rights Law Charter Conference (Ottawa, On).
o October 2010, “National Security Law in a Federation: Lessons from Canada,” CISEN’s First Annual Seminar on National Security Law (Mexico City).
o March 2010, “Dilemmas in National Security Law”, McGill Faculty of Law, Symposium on Counter-Terrorism and Civil Liberties (Montreal, Qc).
o October 2008, “The Collateral Casualties of Collaboration ,” Conference on Intelligence Sharing, sponsored by the Norwegian Parliamentary Intelligence Oversight Committee, the Geneva Centre for the Democratic Control of Armed Forces and the Human Rights Centre, Department of Law, University of Durham, UK (Oslo, Norway).
o October 2008. “Fixing the Deficiencies of Parliament Review of Anti-terrorism Law”, Canadian Association of Security and Intelligence Studies Annual Conference (Ottawa ON).
o April 2008, “Bismarkian Moment: Bill C-3 and Charkaoui,” Constitutional Cases Conference 2008 (Osgoode Hall Law School, Toronto).
o October 2007. “Balancing the Right to Full Answer and Defence with need to Protect Sensitive Information, in the Context of National Security Proceedings,” Annual Conference of the Judge Advocate General, Canada (Ottawa);
o September 2007. “Parliamentary Review of Anti-terrorism Law,” Conference of the Institute on Public Policy Research (Ottawa);
o October 2006. “National Security Law”, Annual Conference of the Judge Advocate General, Canada (Ottawa).
o October 2006. “Civil Causes of Action for International Wrongs”, Law Commission of Canada Panel, Canadian Council of International Law Annual Conference (Ottawa).
o June 2006. “Hegemonic Federalism: The Democratic Implications of the UN Security Council’s “Legislative” Phase”, Fostering a Scholarly Network: International Law and Democratic Theory. Joint conference of the American Society of International Law, the Canadian Council on International Law, the Japanese Society of International Law and the Australia New Zealand Society of International Law, Wellington, New Zealand.
o May 2006. “Obligation to Protect: The Legal Context for Diplomatic Protection of Canadians Abroad”, Public Wrongs, Private Duties: Re-thinking Public Authority Liability in Canada, University of New Brunswick.
o April 2006. Panel: “Agents of the State – An Uneasy Role for the Telecom Industry in Post 9/11 Security Legislation ”, National Symposium of the Law Society of Upper Canada and the Media and Communications Law Section of the Canadian Bar Association.
o October 2005. “Does the Sky Fall? NAFTA Chapter 11 Dispute Settlement and Democratic Accountability”, 1st Annual Trade and Investment in the Americas Conference, Michigan State University (Lansing MI).
o May 2005. “Anti-terrorism in the Shadow of the UN Security Council”, Joint Policy Forum of the National Associations Active in Criminal Justice (NAACJ)/Justice Canada/Public Safety and Emergency Preparedness Canada (Ottawa, ON).
o April 2005. “Extraordinary Rendition and Diplomatic Protection of Dual Nationals in the War on Terror”, Faculty Colloquium, Washington College of Law, American University (Washington D.C.).
o March 2005. “Canada’s Anti-Terrorism Laws and the Long Shadow of the United Nations Security Council”, (In)Security Conference, University of Ottawa (Ottawa ON).
o March 2005. “Between a Rock and a Hard Place: Security Certificates in the Post-Suresh World”, Speakers Series of the Ontario Bar Association (Ottawa ON).
o October 2004. Remarks on National Security and Long-Term Disposal of Nuclear Waste, Canadian Association of Security and Intelligence Studies Annual Conference (Ottawa ON).
o October 2003. “The Kyoto Rift: Trade Law Implications Of Canada’s Kyoto Implementation Strategy In An Era Of Canadian-U.S. Environmental Divergence,” Michigan State NAFTA Conference (Lansing MI).
o April 2001, “Oiling Repression: ‘Militarized Commerce’, Multinational Companies and Human Rights Abuses in Sudan's Oil Fields,” Yale Law School Human Rights Workshop (New Haven CT).
o March 2000, "The Primacy of Human Rights in International Trade Law," Symposium of the Centre for Trade Policy and Law (Ottawa ON)
o May 1999, "Human Rights Codes of Conduct," ASDEQ (Association of Quebec Economists) Conference (Hull QC)
o October 1998, "Human Rights Means Business," Human Rights in the 21st Century Conference, University of Toronto, Faculty of Law (Toronto ON)
o April 1998, "Putting Conscience into Commerce," Economic Integration, Labour Law and Social Security in the Americas Conference (Viña del Mar, Chile).
o October 1996, "Trade and Human Rights," Canadian Council on International Law Conference (Ottawa ON).
Invited Participation at Seminars/Meetings of Experts
o May 2010. “Information Sharing in the National Security and Counter Terrorism Context”, RCMP Leadership In Counter Terrorism (LinCT) cycle 4 (Toronto, On).
o March 2010. Justice Canada, Special Advocate Training Workshop (Ottawa, On).
o May 2008. Justice Canada, Special Advocate Training Workshop (Ottawa, On).
o February 2008. Justice Canada, Special Advocate Training Workshop (Ottawa, On).
o November 2006. Legal Workshop on Human Rights Obligations of Corporations, NYU Center for Human Rights and Global Justice and Realizing Rights: the Ethical Globalization Initiative, in support of the work of the UN Secretary-General’s Special Representative for Business and Human Rights (New York, USA).
o November 2006. Seminar of Legal Experts, Extraterritorial Legislation as a Tool to Improve the Accountability of Transnational Corporations for Human Rights Violations, convened under the aegis of Special Representative to the UN Secretary General on Transnational Corporations and Human Rights (Brussels, Belgium).
Other Appearances at Academic and Public Policy Events
o September 2008. Chair and Co-Organizer, Fostering a Scholarly Network: International Law and Democratic Theory. Joint conference of the American Society of International Law, the Canadian Council on International Law, the Japanese Society of International Law and the Australia New Zealand Society of International Law, Edmonton, Alberta.
o October 2006. Chair, Panel on “Responsibility To Protect As Legal Obligation To Act: From Rhetoric To Legal Liability”, Canadian Council on International Law Annual Conference (Ottawa ON).
o October 2005. Chair, Panel on “The Privatization Of Security And The Militarization Of Relief “, Canadian Council on International Law Annual Conference (Ottawa ON).
o October 2005. Chair, International Human Rights in Broader Context Panel, Organization of American States Workshop on International Law (Ottawa, ON)
o March 2005. Moderator, Anti-Terrorism versus Rule of Law Conference, organized by Canadian Lawyers Abroad, Faculty of Law, University of Ottawa (Ottawa ON).
o October 2004. Chair and Rapporteur, Panel on “Transparency, Legitimacy and Non-Government Organizations”, Canadian Council on International Law Annual Conference (Ottawa ON).
Presentations/Workshops at Non-Governmental Organization/Governmental Events
Engineers Without Borders (Ottawa, 2006); Canadian Council on International Cooperation (Ottawa, 2005); Canadian International Development Agency (Ottawa, 2000); Oxfam Canada Board Retreat (Ottawa, 2000); Sudan Civil Society Symposium (Calgary, 2000); Conference Board of Canada Meeting of Public Affairs Executives (Vancouver, 2000); Canada-Asia Pacific Research Network Roundtable (Vancouver, 2000); Human Rights Linkages Conference (convened by Senator Lois Wilson) (Ottawa, 1999); Canadian Council on International Co-operation Conference (career panel) (Ottawa, 1999); World University Students Overseas Annual General Meeting (Ottawa, 1998); Taskforce on the Churches and Corporate Responsibility Annual General Meeting (Toronto, 1998); Canadian Friends of Burma Human Rights Conferences (Ottawa, 1998); Ontario Public Interest Group Burma Human Rights Conference (Kingston, 1997); Human Rights Foundation Training School (Montréal, 1997).
Magazine and newspaper articles
o 2010. “Preventive Detention can Save Lives ,” The Ottawa Citizen (July 31, 2010).
o 2009. “How to Design a Better Anti-terrorism Tool ,” The Globe and Mail (Oct. 2).
o 2008. “Fixing our anti-terrorism law-making: lessons from the U.K. and Australia,” Hill Times (April 28)
o 2008. “Is Bill C-3 the Security Way to Go? ” The Globe and Mail (Feb. 6)
o With Lorne Waldman. 2007. “Canada doesn’t need a star chamber ,” The National Post (Oct. 25) [on special advocates in national security cases].
o 2007. “Why we must not resort to torture ,” The Ottawa Citizen (March 30).
o 2007. “Preventive detention is not the real issue ,” National Post (Feb. 23).
o With Hilary Homes. 2005. “A Future Ruled By Law ,” The Ottawa Citizen (Sept. 1) [on national security detention laws].
o 2005. “Security’s No Excuse for Restricting Information ,” The Globe and Mail (June 8).
o With Aaron Freeman. 2005. “A Question of Confidence ,” The National Post (May 12) [on confidence votes in Parliament].
o 2004. “A Positive First Step ,” The Toronto Star (August 27, 2004) [on Supreme Court candidate review process].
o 2004. “Canada’s National Security Secrecy Complex,” The Hill Times (July 26).
o 2004. “Canada v. Iran: Dual citizenship, duelling rights ,” The Globe and Mail (July 16).
o 2000. "Aiding and Abetting: Talisman Energy is contributing to human-rights abuses in Sudan," The Montreal Gazette (May 4); re-printed under different title in The Ottawa Citizen (May 11).
o 2000. "Talisman is courting disaster," National Post (January 5).
o 1999. “The Great Trade-Off,” This Magazine (January/February, Toronto).
o 1998. “Codes de conduite: Progrès ou Alibi?” Courrier de la Planète (novembre ‑ décembre, Montpellier, France).
o 1995. "Canada's Shady Nuclear Deals," 16 Multinational Monitor 9 (Washington, D.C.).
o 1995. "Preserving the Pecking Order," 16 Multinational Monitor 7 (Washington, D.C.).
o 1995. "Korean Labor Crackdown," 16 Multinational Monitor 6 (Washington, D.C.).
o With Aaron Freeman. 1994. "Get tough on corporate crime," The Toronto Star (November 17) (Voted one of the top unreported stories in 1994 by Project Censorship).
o 1993. "Canada's Toxic Regulatory Gap," 14 Multinational Monitor 10 (Washington D.C.).
Appearances before the Canadian Parliament and as Expert Witness at Public Inquiries
House of Commons Standing Committee on Public Safety and National Security (December 13, 2010) (on Bill C-17, recognizance with conditions in anti-terrorism matters); House of Commons Subcommittee on International Human Rights (May 26, 2008) (on Omar Khadr as supervisor of the Foreign Policy Practicum); Special Senate Committee on Anti-terrorism (May 12, 2008) (on security certificates); Special Senate Committee on Anti-terrorism (Feb. 11, 2008) (on bill C-3); Special Senate Committee on Anti-terrorism (Jan 28, 2008) (on bill S-3); House of Commons Standing Committee on Public Safety and National Security (November 29, 2007) (as individual); Senate Standing Committee on Human Rights (October 23, 2006) (as supervisor, uOttawa Foreign Policy Practicum); House of Commons Sub-Committee on National Security and Public Safety (September 20, 2005) (on the Security of Information Act); House of Commons Standing Committee on National Defence and Veterans Affairs (June 14, 2005) (as supervisor, uOttawa Foreign Policy Practicum); Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (June 6, 2005) (as expert witness on international law of diplomatic protection); House of Commons Subcommittee on Human Rights and International Development (June 1, 2005) (as individual); House of Commons Standing Committee on Foreign Affairs and International Trade (May 31, 2005) (as supervisor, uOttawa Foreign Policy Practicum); House of Commons Sub-Committee on Human Rights and Development (March 24, 2005) (on behalf of Rights & Democracy); House of Commons Standing Committee on Access to Information, Privacy and Ethics (March 8, 2005) (as individual); House of Commons Standing Committee on Foreign Affairs and International Trade WTO Hearings (March 24, 1999) (on behalf of Rights & Democracy); Standing Senate Committee on Social Affairs, Science and Technology (March 23, 1999) (as individual); House of Commons Sub-Committee on Bill C-43 (An Act to Amend the Lobbyists Registration Act) (October 1994) (on behalf of Democracy Watch)
Public reports (since 2000)
o With Kent Roach, 2010. “Terrorist Listing Procedures: A Research Synthesis of Legislation, Cases and Literature on the UN 1267 Process, the European Union, the United Kingdom, the United States, Australia and New Zealand,” Prepared for Justice Canada.
o 2010. Research Report: Assessment of Complainants’ Legal Claims [concerning international law and the actions of Canadian Forces in relation to Afghan detainees], Prepared for the Military Police Complaints Commission in relation to MPCC 2008-042.
o With Lorne Waldman, 2007. Seeking Justice in an Unfair Process: Lessons from Canada, the United Kingdom, and New Zealand on the Use of “Special Advocates” in National Security Proceedings (Study commissioned by the Canadian Centre for Intelligence and Security Studies, with the financial support of the Courts Administration Service) (August 2007).
o 2006. Jurisdictional Issues in the Regulation of Canadian Extractive Industry Companies . Memorandum prepared for the Canadian Network on Corporate Accountability in the National Roundtables on Corporate Social Responsibility.
o With Ed Broadbent, 2000. Canadian Democracy and Corporate Accountability: An overview of issues. Discussion paper prepared for the Canadian Democracy and Corporate Accountability Project.
o 2000. Human Rights Brief: Corporate Immunity for Oiling Repression? Report prepared for the Inter-Church Coalition on Africa.
o With members of the Canadian Lawyers Association for International Human Rights (CLAIHR), 2000. Legislative Proposal: Ensuring that the Special Economic Measures Act is a tool that may be used in responding to Canadian corporate complicity with "grave breaches of human rights and human security" . Unpublished memorandum prepared at the behest of the Sudan Inter-Agency Reference Group.
o With members of CLAIHR, 2000. Backgrounder: Options available to the Government of Canada in responding to Canadian corporate complicity with human rights abuses . Unpublished memorandum prepared at the behest of the Sudan Inter-Agency Reference Group .