Prepared by: H. Scott Fairley, Partner, Cambridge LLP, A.B., LL.B. (Queen's Univ.), LL.M (N.Y.U.), S.J.D. (Harvard) and John A. Terry, Partner, Torys LLP, LL.B. (Univ. of Toronto), LL.M (Harvard)
Our purpose from the outset was to depart from previous iterations of this Title which were more academically rather than practically oriented in terms of selected topics and approaches to an immense field. Here, we focus on conveying a clear foundation on the nature and sources of public international law with emphasis on how the "law of nations" so-called interacts with and is incorporated and applied within Canadian domestic law.
Since the last revision of this Title there have been significant developments across a broad spectrum including: the judicial recognition of customary international law within federal and provincial and common law and the civil law of Quebec; the codification of private international law within international treaties and domestic implementation thereof; the role and impact of both treaties and customary international law in the interpretation and application of the Canadian Charter of Rights and Freedoms; the accountability of foreign sovereigns for non-sovereign acts before domestic courts; and the proliferation of international litigation and arbitration in an ever-shrinking world.
These developments, among others, suggest in turn that private practitioners are more likely to encounter public international law issues and content in private practice now and going forward more than ever before.
The authors wish to acknowledge the preliminary role of Ms. Timothea Leung who prepared initial drafts of several chapters in this Title, but subsequently had to withdraw from the project. Our sincere thanks for that contribution.
In bringing this Title to final fruition, the authors wish to express their gratitude to their respective law firms, Cambridge LLP and Torys LLP. At Cambridge, Dr. Fairley would like to thank, in particular, his partner, N. Joan Kasozi, for her exemplary editorial assistance in reviewing chapters and the following past and present Cambridge associates and students for additional research, proofreading and verification of sources: Joshua Ginter, Margarita Dvorkina, Gloria Ayemere and Tim Phelan. In turn, Mr. Terry gratefully acknowledges the individual assistance of the following past and present associates and students at Torys: Hannah Allen, Jake Babad, Alex Smith and Nic Wall.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
