Hostname: page-component-7bb8b95d7b-w7rtg Total loading time: 0 Render date: 2024-09-12T03:19:14.056Z Has data issue: false hasContentIssue false

Coexistence, National and International: The First Annual Scientific Meeting of the International Law Association (Canadian Branch)

Published online by Cambridge University Press:  09 March 2016

Edward McWhinney*
Affiliation:
Institute of Air and Space Law, McGill University, Montreal
Get access

Extract

All law," as Professor Gregory Tunkin, the former Principal Legal Adviser to the Soviet Foreign Ministry, has remarked, "is a species of coexistence." I take it that Dr. Tunkin means by that that legal norms, if they are to be really meaningful as law-in-action in any community, must proceed on a basis of the reconciliation of the competing claims advanced by the main social interestgroups in that community. The international law of the era of the Soviet-Western détente, that hopefully has succeeded to the erstwhile Cold War conflicts, is based on just such a species of intersystems accommodations and compromises, highlighted of course by the Moscow Test Ban Treaty of August 1963 but represented also in a series of lesser agreements and adjustments of fundamental interests-conflicts. The essence of international law-making under these circumstances, if it is to yield a viable system of norms that actually will operate as law-in-action in the contemporary World Community, becomes one of looking for genuine mutuality and reciprocity of interest as between the main political-ideological groupings in the World Community.

Type
Notes and Comments
Copyright
Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1966

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)