Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals

By Norman MacKenzie; Lionel H. Laing | Go to book overview

EDITORS' PREFACE

THE emergence of Canada as an autonomous state and its entrance into the family of nations is of such recent origin that it is hardly to be expected that its diplomatic archives would contain as much material for research as those of older nations. However, long before Canada acquired its present status it was building up a background of experience in that branch of law by which nations govern their conduct. In the field of jurisprudence as well as of diplomacy, it was moving from precedent to precedent. Yearly, there came before its courts for adjudication matters requiring the application of those principles of justice generally recognized and applied as part of the law of nations. Much of this material, however, because it was so widely scattered, was practically unknown to students and lawyers alike.

In 1931, one of us made a survey of the teaching of international law in Canada and there emerged from that survey a general recognition of the need for a collection of Canadian cases on international law.1. Every teacher of the subject in Canada stated that such a collection would help him in his work. It was because of these two facts that this work was begun, but it is due to the encouragement and material assistance of Dr. James T. Shotwell and the Carnegie Endowment for International Peace that it has been carried to completion and its publication made possible. Professor Shotwell's comprehensive survey of Canadian-American relations, which he is undertaking on behalf of the Endowment, naturally includes a section on international law. The problems of Canada in international law are largely the problems of Canada in her relations to the United States. We therefore felt that our investigation was one which would come within the scope of that survey, and Dr. Shotwell, after consulting Dr. James Brown Scott and others of his colleagues, fully approved of our project, and of the suggestion that it should form part of the survey.

In view of what has been stated above it is not to be expected that there is a Canadian "leading case" on every point of international law. Nevertheless one is impressed by both the quantity and quality

____________________
1.
Canadian Bar Review ( 1932), X, p. 519.

-xi-

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Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals
Table of contents

Table of contents

  • Title Page iii
  • Foreword v
  • Introduction vii
  • Editors' Preface xi
  • Table of Contents xvii
  • List of Abbreviations xxvii
  • A. Canada, an International Entity 1
  • B. Jurisdiction Over Territory 30
  • C. Status of Indians 180
  • D. Individuals in International Law 221
  • E. International Rights and Duties 335
  • F. Private International Law 402
  • G. War and Its Effects 441
  • Index 555
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