International Law in a Turbulent World

By Herman, Lawrence L. | Canada-United States Law Journal, Annual 2017 | Go to article overview

International Law in a Turbulent World


Herman, Lawrence L., Canada-United States Law Journal


TABLE OF CONTENTS  I. Introduction II. The Challenges III. Setting the Stage IV. Conventional and Customary International Law V. International Law in the Classical Period VI. Institution Building in the Bretton Woods Era VII. International Law Today VIII. International Law Applied in Canada IX. Law of the Sea and the Rule of Law X. The Rule of Law in International Trade XI. An Array of Challenges XII. Some Conclusions--A Lasting Legacy? 

The following is the text of the 10th Annual Canada-United States Law Institute Distinguished Lecture given at Western University Faculty of Law by Lawrence L. Herman on November 14, 2016.

I. INTRODUCTION

I am honored to have been asked to present the 10th Annual Canada-United States Law Institute ("CUSLI") Distinguished Lecture. This has been particularly humbling given the venerable history of the Institute as a repository of debate, discussion, and education on Canada and the United States' shared interests in the area of law and policy.

I attended my first CUSLI meeting in 1986. I have the good fortune to have known its founder, Professor Sydney Picker, since those days, and to have collaborated for many years with its esteemed Executive Director, Henry T. King Jr. Both men are admirable American scholars dedicated to fostering closer relations and better understanding between our two countries. In that respect, I must dedicate this address not only to the CUSLI, but to these two visionary Americans.

This address is given from the perspective of a practicing, non-academic lawyer with continued involvement in public international law issues. I have mainly practiced in the private sector, and have some experience working in the government. This piece is not intended as a scholarly contribution. I ask for forgiveness if the discussion here is not up to the high standard of those who have written broadly and have great expertise on the subject. (1)

I have been fortunate to take part in some major international law issues, having served as a member of the Legal Bureau of the former Department of External Affairs, as an Officer at Canada's United Nations Mission in Geneva, and as Canada's delegate to the United Nations Law of the Sea Conference. Later, in private practice, I was part of the Canadian legal team in the Gulf of Maine Case that went to the International Court of Justice ("ICJ"). (2)

What I gained from these experiences is that when faced with unsettling events, including the unexpected election of Donald Trump as U.S. president, (3) public international law is critical in bringing an element of stability to a chaotic, fragmented, and destabilized world.

Some may say that this is a naively optimistic view. They may argue that lawyers' involvement in the game of diplomacy has stunted global progress. It is impossible not to see the many challenges that face those engaged in international law, whether as diplomatists, teachers, government officials, or lawyers in the private sector.

Public international law has emerged from the shadows over the last forty or so years. From being championed mostly by academics and a select handful of practitioners in the musty corners of foreign ministries, international law today is a forceful element in inter-state relations.

Its evolution is too broad and varied to encapsulate in a single analysis. International law today covers a wide range of formerly untrodden fields, including human rights, climate change, the environment, war, and terrorism. It is impossible to summarize this area of law's many achievements in a few pages.

I have chosen two milestone achievements to bring focus to this discussion: the 1982 United Nations Convention on the Law of the Sea ("UNCLOS") and the 1994 World Trade Organization ("WTO") Agreement. Both are fitting subjects to discuss how international law brings an essential ingredient of coherence, and a semblance of order to a turbulent world. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

International Law in a Turbulent World
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.