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

E. INTERNATIONAL RIGHTS AND DUTIES

1. TREATIES

(a) Interpretation and Effect of Treaties

The David J. Adams American and British Claims Arbitration under the Agreement of August 18, 1910, 1926 Nielsen's Report, p. 524

Interpretation of the convention of October 20, 1818--Plenary sovereign rights with respect to fishing within the maritime zone--Unilateral interpretation of bilateral contract not necessarily binding--No denial of justice until legal remedies exhausted--Literal interpretation v. spirit and plain intent--Proprietary rights secured through non-enforcement of laws.

The master of this American vessel, contrary to his instructions, anchored at Bear River, Nova Scotia, and by deceitful statements purchased bait from Canadian fishermen. Subsequently the vessel was boarded by a Canadian officer to whose questions the master gave false and deceitful answers. Later the schooner was seized and after an action in the Vice-Admiralty Court at Halifax the ship and cargo were condemned as forfeited for breach and violation of the Convention of 1818 and the various acts relating thereto.

The TRIBUNAL ( FROMAGEOT, ANDERSON, FITZPATRICK):

. . . Now this case is presented before this Tribunal under the following conditions:

By reason of certain conditions of fact and for various other considerations, while by the Treaty of London of October 20, 1818, the United States renounced the liberty of fishing in Canadian waters, except on certain specified coasts, the access of American fishermen to the British territorial waters of Canada was conven-

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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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