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19 results

  • Introduction to the Symposium on Global Plastic Pollution

  • Part of
  • Donald McRae
  • Journal:
    AJIL Unbound / Volume 114 / 2020
    Published online by Cambridge University Press:
    20 July 2020, pp. 192-194
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  • 4 - The Applicable Law

  • Edited by Alex G. Oude Elferink, Universiteit Utrecht, The Netherlands, Tore Henriksen, Universitetet i Tromsø, Norway, Signe Veierud Busch, Universitetet i Tromsø, Norway
  • Book:
    Maritime Boundary Delimitation: The Case Law
    Published online:
    23 February 2018
    Print publication:
    15 March 2018, pp 92-116

  • Summary

    The law of maritime boundary delimitation has evolved from the early interpretations of Article 6 of the 1958 Convention, known as the equidistance-special circumstances rule, and the customary international law notion of equitable principles. The idea that delimitation requires a three-step approach of drawing a provisional equidistance line and then testing that line in the light of relevant circumstances and proportionality – the equidistance-relevant circumstances approach – has gained widespread acceptance by international courts and tribunals. The applicable law of maritime boundary delimitation today consists of a requirement to utilize a particular methodology and to engage in a particular process of assessment within that methodology. However, the application of that formula has not been consistent or always coherent. The tendency of courts and tribunals to merge the three stages by considering relevant circumstances in the first stage when drawing a provisional equidistance line and treating proportionality as if it were something different from a relevant circumstance, has led to confusion in the application of the principles of maritime delimitation. The result is that the law of maritime boundary delimitation while having the appearance of clarity in fact does not provide the certainty, objectivity and transparency claimed as its rationale

  • John H. Jackson (1932–2015)

  • Donald McRae
  • Journal:
    American Journal of International Law / Volume 110 / Issue 2 / April 2016
    Published online by Cambridge University Press:
    20 January 2017, pp. 260-268
    Print publication:
    April 2016

  • It is with the deepest regret that the Journal records the passing of John Jackson—teacher, scholar, contributor to this Journal and longtime member of its editorial board, and pioneer of international trade and economic law. The following is a tribute to John in recognition of his immense contribution to international law.

    In 1969, World Trade and the Law of GATT was published. In some sense, this was the beginning of what is known today as international trade law. Based on meticulous research into documents of the General Agreement on Tariffs and Trade (GATT), which hitherto had barely seen the light of day and certainly not the eyes of scholars, the work was to be”pragmatic” and designed to address the “intricate complexity” of the law of GATT and to be of use to “the government or GATT official, the private attorney and the legal scholar.” The scale was ambitious but characteristically expressed in modest terms.

  • The Work of the International Law Commission, 2007–2011: Progress and Prospects

  • Donald McRae
  • Journal:
    American Journal of International Law / Volume 106 / Issue 2 / April 2012
    Published online by Cambridge University Press:
    20 January 2017, pp. 322-340
    Print publication:
    April 2012

  • On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

  • Charles B. Bourne (1921-2012)

  • Donald M. McRae
  • Journal:
    Canadian Yearbook of International Law / Annuaire canadien de droit international / Volume 49 / 2012
    Published online by Cambridge University Press:
    09 March 2016, pp. 293-294
    Print publication:
    2012
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