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Araya v. Nevsun Resources. Reasons for Judgment

The plaintiffs, who are refugees from the State of Eritrea which is located in East Africa, make allegations of the most serious nature against the defendant Nevsun...The proceeding raises issues of transnational law being the term used for the convergence of customary international law and private claims for human rights redresses and which include: (a) whether claims for damages arising out of the alleged breach of jus cogens or peremptory norms of customary international law such as forced labour and torture may form the basis of a civil proceeding in British Columbia; (b) the potential corporate liability for alleged breaches of both private and customary international law.  This in turn raises issues of corporate immunity and whether the act of state doctrine raises a complete defence to the plaintiffs’ claims...Nevsun has not established that Eritrea is the appropriate forum.  Accordingly the action will proceed in this Court...

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Nevsun lawsuit (re Bisha mine, Eritrea)

Canadian court allows lawsuit against Nevsun for forced labour in Eritrea mine to continue