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The United Nations Decade of International Law: A Canadian Perspective

Published online by Cambridge University Press:  09 March 2016

Tamra Hopkins
Affiliation:
Stikeman, Elliott, Toronto
Paul D. Paton
Affiliation:
Davies, Ward, and Beck, Toronto
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Abstract

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Type
Notes and Comments/ Notes et commentaries
Copyright
Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1994

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References

1 Jason Reiskind, then Deputy Director, Legal Operations, External Affairs and International Trade Canada, address at the Faculty of Law, University of Toronto, Apr. 5, 1990.

2 For an earlier and more expansive introduction to the Decade generally, see Macdonald, R.St.J., “The United Nations Decade of International Law,” 28 Can. Y.B. Int’l L. 417 (1990)Google Scholar; Thomas, Jeremy, “The United Nations Decade of International Law — Insights into an Asian Perspective of International Law,” 14 Dalhousie L.J. 266 (1991)Google Scholar; and Ruhe, Brian and Torrie, Bruce, “The United Nations Decade of International Law 1990–1999,” 48 The Advocate 757 (1990)Google Scholar; and Special Issue, 3 Leiden J. Int’l L. (1990).

3 See G/A Res. 44/23, UN G.A. Official Records, 44th Session, Supp. No. 49, UN Doc. A/44/49 (1989).

5 UN Doc. A/C.6/45/L.5 (1990).

5 Aug. 26, 1992, UN Doc. A/47/384 (1992) and also A/47/384/Add.1, Sept. 23, 199.

6 See the 10 November 1992 Report of the Working Group, at UN Doc. A/C.6/47/L.12 (1992).

7 See Summary Records of the sessions at UN Docs. A/C.6/47/ SR.34–37.

8 UN Doc. A/47/384 (1992) at 5.

9 Ibid., 18–20. It is also interesting to note that none of the replies received by the Secretary-General touched on any suggestions for consideration by the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization: ibid, 20, para. 56. See also Morris, Virginia and Bouloyannis, M. Christiane, “The Work of the Sixth Committee at the Forty-Seventh Session of the UN General Assembly,” 87 AJIL 306 at 311 (1993) for a brief review of the history of the Special Committee and most recent responses to its work.CrossRefGoogle Scholar

10 Supra note 8, at 19.

11 UN Doc. A/C.6/47/L.12 at 2.

12 Ibid., 5.

13 Ibid.

14 Ibid., 6.

15 Ibid., 7.

16 UN Doc. A/C.6/47/SR.34 at 2.

17 Statement by Mr. Jong Moo Choi, Delegate of the Republic of Korea, to the Sixth Committee of the Forty-Seventh Session of the General Assembly on Agenda Item 128: Press Release, Permanent Mission of the Republic of Korea to the United Nations, New York, Nov. 16, 1992.

18 Statement by Mr.Yengejeh, Saeid Mirazee, Representative of the Islamic Republic of Iran before the Sixth Committee, New York: Press Release from the Permanent Mission to the United Nations of the Islamic Republic of Iran, Nov. 13. 1992.Google Scholar

19 Ibid., 3.

20 Statement by the representative of Japan, Chusei Yamada, to the Sixth Committee, Nov. 13, 1992; Press Release, Permanent Mission of Japan to the United Nations, Nov. 13, 1992, at 5.

21 “Statement by the Representative of the Kingdom of the Netherlands, Mr. Teunis Halff, in the Sixth Committee”: Press Release, Permanent Mission of the Kingdom of the Netherlands to the United Nations, New York, Nov. 16, 1992.

22 Statement by Ms. Birgit Kofler on Agenda Item 129: United Nations Decade of International Law, New York: Press Release of the Permanent Mission of Austria to the United Nations, Nov. 13, 1992.

23 Ibid.

24 UN Doc. A/C.6/47/SR.36 at 4.

25 Cyprus also welcomed the signing of these two conventions. See Statement by the Permanent Representative of the Republic of Cyprus, Ambassador A. J. Jacovides, on Agenda Item 128: United Nations Decade of International Law in the Sixth Committee of the 47th Session of the General Assembly of the United Nations: Press Release, Permanent Mission of the Republic of Cyprus to the United Nations, Nov. 16, 1992.

26 UN Doc. A/C.6/47/SR.36 at 7–8.

27 UN Doc. A/C.6/47/SR.36 at 12.

28 Ibid. See also the statement of the Nigerian representative, who “agreed that assistance and technical advice should be provided to developing countries to facilitate their participation in the process of multilateral treaty-making”: UN Doc. A/C.6/47/SR.36 at 10.

29 UN Doc. A/C.6/47/SR.34 at 7.

30 Ibid, at 5.

31 UN Doc. A/C.6/47/SR.34 at 12.

32 UN Doc. A/C.6/47/SR.36 at 9.

33 Statement of Justice Akhtar Ali Kazi, Pakistan Delegate at the Sixth Committee of the Forty-Seventh United Nations General Assembly on Agenda Item 128: United Nations Decade of International Law: Press Release, Pakistan Permanent Mission to the United Nations, New York, Nov. 16, 1992.

34 Statement by Mr. Sadewo Joedo Before the Sixth Committee on Agenda Item 128: United Nations Decade of International Law: Press Release, Permanent Mission of the Republic of Indonesia to the United Nations, New York, Nov. 16, 1992.

35 Address by Jason Reiskind, Deputy Director, Legal Operations Division, External Affairs and International Trade Canada, at the University of Toronto, Apr. 5, 1990; address by Ambassador Phillippe Kirsch, at the Faculty of Law, University of Sherbrooke, Feb. 22, 1991. See also Serge April, Director General, Legal Affairs Bureau, External Affairs and International Trade Canada, Statement to the Sixth Committee of the 45th Session of the UN General Assembly: Press Release, Permanent Mission of Canada to the United Nations, New York, Nov. 14, 1990. See also note 2, supra.

36 Statement of Masahiro Fukukawa, representative of Japan, to the Sixth Committee of the 45th Session of the General Assembly: Press Release, Nov. 14, 1990.

37 Statement by T. Jasudasen, representative of Singapore, speaking to the Sixth Committee of the 45th Session of the General Assembly: Press Release, Nov. 13, 1990.

38 Statement by Ambassador Jan Eliasson, Permanent Representative of Sweden to the United Nations, to the Sixth Committee of the 45th Session of the General Assembly: Press Release, Nov. 14, 1990.

39 See UN Doc. A/C.6/47/SR.36 at 6.

40 “An Agenda for Peace,” Report of the Secretary-General pursuant to the statement adopted by the Summit Meeting of the Security Council on Jan. 31, 1992, UNSC Doc. S/24111, June 17, 1992. Also UN Doc. A/47/277-S/47111 (1992).

41 UN Doc. A/C.6/47/SR. 36 at 8.

42 See Hopkins, Tamra and Paton, Paul, “Developing a Canadian Perspective on the United Nations Decade of International Law: A Round-Table Discussion,” 21 Can. Council Int’l L. Proc. 205 (1992).Google Scholar

43 ProfessorRussell, Dawn, Faculty of Law, Dalhousie University, Feb. 27, 1992.Google Scholar

44 Feb. 21, 1992.

45 Dalhousie University, Feb. 27, 1992.

46 ProfessorKindred, Hugh, Faculty of Law, Dalhousie University, Feb. 27, 1992.Google Scholar

47 William McAinsh, a student at the College of Law at the University of Saskatchewan, University of Saskatchewan, Feb. 21, 1992.

48 Stanek, Edward, Chief Librarian at the College of Law at the University of Saskatchewan, University of Saskatchewan, Feb. 21, 1992.Google Scholar

49 ProfessorDickinson, Greg, Faculty of Education, University of Western Ontario, Oct. 8, 1991.Google ScholarPubMed

50 Professor Kindred, Dalhousie University, Feb. 27, 1992.

51 Bakes Mitchell, a student at Dalhousie Law School, Dalhousie University, Feb. 27, 1992.

52 Queen’s University, Nov. 7, 1991.

53 Professor Isabel Anderson of the Department of Economics at the University of Saskatchewan, University of Saskatchewan, Feb. 21, 1992.

54 University of Toronto, Apr. 5, 1991.

55 Ibid.

56 Joseph Bradford of the Queen’s University International Law Society, Canadian Council on International Law, Annual Conference, Oct. 16, 1992; Professor R. G. Williamson of the Department of Anthropology and Archaeology at the University of Saskatchewan, University of Saskatchewan, Feb. 21, 1992; and Professor Williamson, University of Saskatchewan, Feb. 21, 1992.

57 Hearn, William, Cassels, , Brock and Blackwell, University of Toronto, Apr. 5, 1991.Google Scholar

58 Professor Isabel Anderson, University of Saskatchewan, Feb. 21, 1992.

59 Ibid.

60 University of Toronto, Apr. 5, 1991.

61 Professor Sharon Williams, Osgoode Hall Law School, University of Toronto, Apr. 5, 1991.

62 University of Toronto, Apr. 5, 1991.

63 Professor Dawn Russell, Dalhousie University, Feb. 27, 1992.

64 University of Western Ontario, Oct. 8, 1991.

65 Marina Drell, an LL.M. candidate at Dalhousie University, Professor Donald Fleming, Faculty of Law, University of New Brunswick, Professor Russell, and Professor Kindred, Dalhousie University, Feb. 27, 1992.

66 Professor K. Venkata Raman, Queen’s University, Nov. 7, 1991.

67 Aldo Chircop, Professor of Maritime Law at Dalhousie University, Rod Berger, Patterson, Kitz in Halifax, Dalhousie University, Feb. 27, 1992; Ambassador Alan Beesley, Queen’s University, Nov. 7, 1991.

68 Professor John Humphrey, Canadian Council on International Law, Annual Conference, Oct. 16, 1992; Ambassador Beesley, Queen’s University, Nov. 7, 1991.

69 Queen’s University, Nov. 7, 1991.

70 Dalhousie University, Feb. 27, 1992.

71 Professor Lakshman Marasinghe, University of Windsor, Mar. 9, 1992.

72 H. Scott Fairley, University of Toronto, Apr. 5, 1991.

73 Hamoody Hassan, Cohen, Delanghe, Highley, Vogel and Dawson, London, Ontario, University of Western Ontario, Oct. 8, 1991.

74 Brian Rose, Stikeman, Elliott (Toronto), Queen’s University, Nov. 7, 1991.

75 Feb. 27, 1992.

76 Professor Fleming noted that many developed states believe that the bias of General Assembly resolutions, which are passed by the most numerous but weakest constituency, discredit the work of the General Assembly. Others counter that the General Assembly mirrors the true state of global opinion. The strong anti-western sentiment reflects the frustration that the majority of states face when attempting to obtain an effective voice in the international com-munity: Dalhousie University, Feb. 27, 1992.

77 Professor Fleming, Dalhousie University, Feb. 27, 1992

78 University of Western Ontario, Oct. 8. 1991.

79 Professor Gerald Morris, University of Toronto, Apr. 5, 1991.

80 Professor Fleming, Dalhousie University, Feb. 27, 1992.

81 Charlotte Chiba, graduate student at the University of Ottawa, Canadian Council on International Law, Annual Conference, Oct. 16, 1992.

82 Megan Aston, doctoral candidate at the Ontario Institute for Studies in Education, recommended in a supplementary paper following the Toronto round table that the application of “critical pedagogy” may be particularly useful in this context.

83 Professor John Gamble, Penn State University, Canadian Council on International Law, Annual Conference, Oct. 16, 1992; Professor Donald Buckingham, Faculty of Law at the University of Western Ontario, University of Toronto, Apr. 5, 1991 ; Earl Mullen, teacher at Catholic Central Secondary School in London, Ontario, University of Western Ontario, Oct. 8, 1991; Hamoody Hassan, University of Western Ontario, Oct. 8, 1991; and Jane Bolden, freelance legal researcher, Queen’s University, Nov. 7, 1991.

84 Kurt Leavins, program director for radio station C95 Saskatoon, University of Saskatchewan, Feb. 21, 1992.

85 Peter Morawsky, student at the Faculty of Law at the University of Western Ontario, Oct. 8, 1991; Andrew Pinto, student at the Faculty of Law at the University of Windsor, Mar. 9, 1992; Professor Buckingham, University of Western Ontario, Oct. 8, 1991; Professor William Schabas of the Université du Québec à Montréal, Canadian Council on International Law, Annual Conference, Oct. 16, 1992.

86 William Hearn, an associate with the law firm of Cassels, Brock and Blackwell, advocated a number of initiatives. In his view, co-operation between the practising bar and academia should be encouraged so as to create fellowships for students interested in international law. Hearn suggested that a good model is the International Business and Trade Law program of the Faculty of Law at the University of Toronto and the Osgoode Hall Law School of York University, a program where the student spends half of a summer work period working with a law firm and the other half doing research for a law professor in an international law area, the cost of which is paid for by the law firm. Lawyers should help themselves by getdng more involved in organizations like the Canadian Institute of International Affairs and the Canadian Institute for Strategic Studies. Governments could assist in the promotion of international law and the education of practitioners by creating a Canadian-sponsored international legal aid network. Hearn suggested that this bold, if expensive, undertaking would help those in developing countries gain access to Canadian expertise and in turn give Canadian lawyers greater opportunities in international law areas. More generally, he recommended that governments and those in private practice should co-operate in “cross-fertilization” systematically, not simply on an ad hoc basis. Further, the federal government should consider strongly qualified private practitioners for international appointments.

87 Dalhousie University, Feb. 24, 1992.

88 University of Western Ontario, Oct. 8, 1991.

89 A number of states have already constituted such national committees, including Mexico, Romania, and Hungary.

90 For example, Professor Williamson, University of Saskatchewan, Feb. 21, 1992, and Jason Reiskind, University of Western Ontario, Oct. 8, 1991.

91 Professor Gerald Fridman, University of Western Ontario, Oct. 8, 1991.

92 University of Windsor, Mar. 9, 1992.

93 University of Windsor, Mar. 9, 1992.

94 University of Toronto, Apr. 5, 1991. Ambassador Turner was speaking in a personal capacity at the session.

95 Statement by Dr. Erkki Kourula, representative of Finland to the Sixth Committee of the 45th Session of the General Assembly on Nov. 14, 1990: Press Release, Nov. 14, 1990.

96 This will be true at least in its initial phase. Perhaps one of the tasks will be to map out a timetable for any reform envisaged for the period beyond the Decade.