Launchings are Fashionable in the space age. But to “launch” a Canadian Yearbook of International Law has nothing of the drama of a Canaveral countdown nor does it represent the combined technology of an era at its highest point of achievement. Yet it may be regarded as a desirable national effort to provide a forum for the data and the ideas of international law derived both from Canadian experience and from general theory and practice.

The “WINDS OF CHANGE” in the Soviet Union since Stalin's death — what, in a legal context, the leading journal Soviet State and Law has called the programme “for complete elimination of the harmful consequences of the personality cult in Soviet jurisprudence” — have done much to liberate Soviet international law thinking from the at times overly rigid positivism and rather sterile orthodoxy which had dominated it, in common with Soviet general legal doctrine, from the time of Pashukanis' downfall in the late 1930's, onwards through the period of Vyshinsky's intellectual dominance almost to the present day. For the purpose of analysis and appraisal of the contemporary state of Soviet international law doctrine and practice, both as to its main points of accord and also its main policy conflicts and differences, certain preliminary propositions can be advanced as to the nature and condition of Soviet international law in general over the years since the October Revolution.

Baigné par trois océans et possédant l'un des littoraux les plus vastes du monde, le Canada porte un intérêt des plus soutenus au droit international de la mer et particulièrement aux règles qui définissent l'étendue et le régime des eaux intérieures, de la mer territoriale et de la zone contiguë.

L'immense domaine maritime du pays comprend d'innombrables baies et fiords de toutes dimensions, de vastes estuaires et bras de mer, de nombreux détroits, plusieurs archipels, enfin des côtes bordées de glaces permanentes. Du fait de cette configuration géographique exceptionnellement variée, sont done soulevées toutes les questions débattues par les publicistes depuis que Grotius, Selden et Bynkershoek discutèrent les droits auxquels peuvent prétendre les Etats à l'égard des eaux qui ceinturent leurs côtes.

The recent penetration of a Russian fishing fleet into the Bay of Fundy has raised anew the status of that bay in international law. The manner in which the incident arose puts the issues involved in the clearest possible terms. Shortly after the Russian fleet was sighted in the bay, a newspaper reporter was informed by an unidentified federal government official that “No particular interest is being shown the fleet by the Canadian departments of fisheries and transport” and that “as long as they stayed outside the three mile limit, they would be subject to no restrictions from Canada.” This statement did not sit well with Premier Robichaud of New Brunswick, who promptly wired Prime Minister Diefenbaker that “The Bay of Fundy is an integral part of the provinces of New Brunswick and Nova Scotia” and requested that Canada protest to Russia this violation of Canadian territory.

Les cours d’eau et les lacs internationaux sont l’objet d’utilisations multiples, dont certaines suscitent des problèmes de voisinage entre les Etats. La présente étude s’intéressera à quelques-uns de ces problèmes et exposera les principales règles auxquelles on a eu recours, tant en Europe occidentale qu’en Amérique du Nord, pour les résoudre. I1 sera tour à tour question de la délimitation des frontières fluviales et lacustres, de la navigation fluviale et de l’utilisation industrielle et agricole des cours d’eau internationaux.

The trail smelter dispute covered a period of thirteen years from 1928 to 1941. It arose out of the operation by the Consolidated Mining and Smelting Company of Canada, Limited, of a smelter at Trail, British Columbia, on the Columbia River about eleven miles from the international boundary. In roasting sulphurbearing ores, sulphur dioxide gas was wasted into the air. When the air drift was down the valley, the smoke cloud containing sulphur dioxide crossed the boundary in sufficient strength to cause damage in the State of Washington. In 1925 and 1926, the output of the smelter was increased and more sulphur dioxide was wasted into the air. By reason of the conformation of the valley and the atmospheric conditions prevalent, it was carried across the boundary into the State of Washington. It was common ground that some damage was caused in the years 1926 to 1930.

The absence of uniform international rules concerning offences and certain other acts committed on board aircraft gives rise to serious problems. If, for example, a passenger commits a criminal act on board an aircraft flying over the high seas, it is possible that no state may have jurisdiction over the act. Again, if a crime is committed on board an aircraft flying internationally at great speed and at very high altitude through the airspace of several states in a short period of time, some or all of the states traversed during the commission of the crime might seek to take jurisdiction over the suspected offender with resultant conflicts. At the same time, there are many acts which, whether or not they are an offence, prejudice the safety of the aircraft as well as good order and discipline on board; and yet, in many instances, if the aircraft commander seeks to restrain the authors of such acts, he may expose himself to legal proceedings.

The most-favoured-nation clause has for long been an important catalyst to world trade; not only do the parlies to a treaty with such a clause undertake to extend to each other, immediately and unconditionally, any reduction in trade barriers which one of them may grant to any other state, but they are also prevented from discriminating against any states with whom they may have concluded such agreements. While the interpretation of the clause has caused some difficulty and its usefulness in treaties with statetrading nations is somewhat doubtful, it is nevertheless included in nearly all treaties of commerce.

On July 20, 1962, the International Court of Justice handed down its Advisory Opinion concerning the expenditures of the United Nations for peace-keeping operations in the Middle East and in the Congo. This Opinion is of the utmost importance, since it deals with a question affecting the very survival of the World Organization. The Court was asked to pronounce on the financial obligations of members in the fulfilment of the first purpose of the United Nations: the maintenance of international peace and security. The Opinion also involves the constitutional question of the division of powers between the General Assembly and the Security Council in the attainment of this basic purpose.

The board of the ford foundation recently announced the award of $250,000 to McGil’s Institute of Air and Space Law in support of a comprehensive programme including teaching, research, the collection of documents, the award of graduate student and senior scholar fellowships and the organization of conferences on air and space law. This award is to be spent over a five-year period with any unused balances not exceeding $10,000 annually to be applied to the international legal studies of the Law Faculty as a whole, notably in the field of public international law, the conflict of laws and comparative law.