¹ Posner, Richard A, “The Decline of Law as an Autonomous Discipline, 1962–1987” (1986–87) 100 Harv L Rev 761 at 761,CrossRefGoogle Scholar cited in Bederman, David J, “Appraising a Century of Scholarship in the AmericanJournal of International Law” (2006) 100:1 AJIL 20 at 20.CrossRefGoogle Scholar

² More optimistic appraisals do exist of the value of international law, both public and private, and transnational law to the practice of law in Canada, but the degree of optimism ebbs and flows.

³ Cohen, Maxwell, “The Canadian Yearbook and International Law in Canada after Twenty-Five Years” (1987) 25 Can YB Int’l L 3.Google Scholar

⁴ I again follow Professor Bederman’s wise counsel that “to characterize the intellectual content of the Journal’s most recent volumes is an exercise so fraught with danger as to give pause to any writer. There is not only the problem of lack of historical perspective, but also the risk of causing reputational distortion because so many of the writers under review remain professionally active.” Bederman supra note 1 at 46

⁵ Hein’s ScholarCheck allows researchers to identify which journal articles have been cited within other journal articles, potentially indicating the influence of an article on the scholarship in a particular field. On the “impressionistic” nature of my account of the CYIL/ACDI’s contributions, note that I have opted not to examine the contribution made through the CYIL/ACDI’s publication of a variety of book reviews.

⁶ See also Hathaway, James, “The Value of Year Books of International Law” (2008) 27 Austl YB Int’l L i.Google Scholar

⁷ MacKenzie, NAM, “Foreword” (1963) 1 Can YB Int’l L 7 at 7.Google Scholar Emphasis needs to be placed on the words “full-time” and “law” as MacKenzie does acknowledge the existence of “Henry F. Munro and his successors in political science at Dalhousie University” during this time period as well as part-time lecturers at the Universities of Laval and Montreal (a reference presumably to Adjutor Rivard and Rodolphe Lemieux respectively). See Macdonald, R St J, “An Historical Introduction to the Teaching of International Law in Canada” (1974) 12 Can YB Int’l L 67 at 83, 87.Google Scholar There were, however, only a few lawyers engaged in the practice of international law on behalf of Canada at this time, with the Department of External Affairs (as it was then known) having only thirty-three officers on duty in Ottawa in 1939. Soward, FH, “Inside a Canadian Triangle: The University, the CIIA, and the Department of External Affairs: A Personal Record” (1977–78) 33 Int’l J 66 at 73.Google Scholar MacKenzie would later serve as president of the University of New Brunswick (1940–44), president of the University of British Columbia (1944–62), and a member of the Senate of Canada (1966–69). See further Waite, PB, Lord of Point Grey: Larry MacKenzie of UBC (Vancouver: UBC Press, 1987).Google Scholar

⁸ History professor (and contemporary) Frederic Soward has suggested that “these feelings to varying degrees were shared by men such as Brooke Claxton, P.E. Corbett, Harold Innis, Sherwood Lett, A.R.M. Lower, N.A.M. MacKenzie, Lester B. Pearson, Kenneth W. Taylor, and F.H. Underhill.” Soward, supra note 7 at 66.

⁹ MacKenzie, supra note 7 at 8.

¹⁰ Ibid. A connection with the American Society of International Law (ASIL) had been made, and an apparent degree of respect had been accorded, as Professor Corbett served as one of four speakers at the annual banquet of the ASIL. “Members and Guests in Attendance” (1937) 31 Am Soc’y Int’l L Proc 199. Corbett would later serve as a Canadian member of the ASIL’s Executive Council from 1941 to 1943.

¹¹ “Canadian Institute of International Affairs” (1946) 1 Int’l J 4. In order for the CIIA to be affiliated with the Royal Institute of International Affairs (RIIA), members had to be British subjects. Millar, TB, “Commonwealth Institutes of International Affairs” (1977–78) 33 Int’l J 5 at 11.Google Scholar

¹² The CIIA’s inaugural meeting was held on 30 January 1928 at Sir Robert Borden’s house in Ottawa. Borden had served as Canada’s prime minister from 1911 to 1920, during which time he secured a separate seat for Canada at the Paris Peace Conference and later the League of Nations. See Millar, supra note 11 at 12. See also Millar’s, characterization of the early CIIA as a “frankly elitist organization” (ibid at 24).Google Scholar MacKenzie would agree, preferring a limited membership to focus on “those who might be able to make some contribution to [the] knowledge and study of international affairs” (quoted in Waite, supra note 7 at 76).

¹³ The idea of an Anglo-American institute to study international problems as a means to secure peace was conceived by British and American delegates to the Paris Peace Conference in 1919, led by Lionel Curtis (later an advocate of British Empire federalism). The British Institute of International Affairs (BIIA) was founded in 1920 and received its Royal Charter in 1926, becoming RIIA. The RIIA is located in Chatham House in London, and in 2004, the RIIA Council decided to adopt “Chatham House” as the institute’s primary identifier. See Chatham House, online: ˂http://www.chathamhouse.org˃. The RIIA’s sister institute is the Council on Foreign Relations, an influential international affairs think-tank founded separately in the United States in 1921 and the publisher of Foreign Affairs. See Council on Foreign Relations, online: ˂http://www.cfr.org˃.

¹⁴ The Institute of Pacific Relations (IPR) grew out of a private conference organized in Honolulu in 1925 by the Young Men’s Christian Association (YMCA) for those interested in Pacific Ocean affairs. Some of the Canadians interested in the work of the IPR were also members of the RIIA, such that when the CIIA was founded, it was thought appropriate to affiliate with both organizations. As later explained:, “The geographical span of the subsequently formed IPR was narrower than that of the BIIA [later the RIIA], and the range of concern much wider.” Millar, supra note 11 at 11. MacKenzie was one of the Canadians with such a dual interest, having become a member of the BIIA when in England (Waite, supra note 7 at 75) and having the IPR to thank for facilitating the publication of his first book. MacKenzie, NAM, ed, The Legal Status of Aliens in Pacific Countries (Oxford: Oxford University Press, 1937).Google Scholar

¹⁵ MacKenzie, supra note 7 at 8.

¹⁶ FitzGerald, Gerald F, “The Canadian Branch of the International Law Association” (1953) 31 Can Bar Rev 1021 at 1021.Google Scholar FitzGerald also provides the names of the lawyers participating in the establishment of the Canadian branch of the ILA (at 1022).

¹⁷ Ibid at 1021.

¹⁸ Ibid at 1021, 1027.

¹⁹ Macdonald, R St J, “Charles B. Bourne: Scholar, Teacher, and Editor, Innovator in the Development of the International Law of Water Resources” (1996) 34 Can YB Int’l L 3 at 34.Google Scholar Unlike similar organizations in the United Kingdom and the United States, the CIIA took the form of widely separated units rather than one central organization, thus permitting variety in activities to match the interests of a particular branch. For example, branches dominated by businessmen (a term used deliberately to reflect the times) could focus on the economic aspects of international affairs, while the Ottawa branch drew its membership from the civil service. By the time the CIIA published the first issue of its journal in 1946, it had twenty-three branches. “Canadian Institute of International Affairs” (1946) 1 Int’l J 4.

²⁰ FitzGerald, supra note 16 at 1023.

²¹ Ibid at 1025.

²² In a coincidental case of repetition, Cohen would write (like MacKenzie before him) that in 1950, “there were perhaps no more than two professional teachers of International Law in Canada,” even though a course on public international law was then required by the Quebec Bar Regulations. See MacKenzie, supra note 7; Cohen, Maxwell, “The Condition of Legal Education in Canada” (1950) 28:3 Can Bar Rev 267 at 284–85.Google Scholar See also Macdonald, R St J, “Maxwell Cohen at Eighty: International Lawyer, Educator, and Judge” (1989) 27 Can YB Int’l L 3 at 16.Google Scholar Cohen would later serve as dean of the Faculty of Law at McGill University from 1964 to 1969.

²³ Macdonald, supra note 22.

²⁴ The dates are found in Macdonald, supra note 19 at 35.

²⁵ Ibid. Others were having similar thoughts, with The Japanese Annual of International Law being first published by the Japan branch of the ILA in 1957. See further Cohen, Maxwell, “Some Bibliographical Problems of Public International Law” (1959–60) 6 McGill LJ 277.Google Scholar

²⁶ Macdonald, supra note 19 at 35.

²⁷ Ibid.

²⁸ Bourne, CB, “In Memoriam: Gerald F. FitzGerald” (1987) 25 Can YB Int’l L 381 at 381.Google Scholar

²⁹ Curtis was also a strong proponent of furthering the study of international law, having himself pursued such studies at the University of Oxford under the supervision of Professor JL Brierly. Macdonald, R St J, “International Law at the University of British Columbia, 1945–2000” (2003) 41 Can YB Int’l L 3 at 7–8.Google Scholar

³⁰ MacKenzie is reported to have declined an invitation from Professor Arnold McNair (later Judge, then Lord McNair) to apply for the chair of international law at the University of Cambridge because he recognized his strengths as being on the “public side” of international law rather than with the science of international law and felt there was a need in Canada for his work as a popularizer of international law. Waite, supra note 7 at 83.

³¹ Bourne, CB, “In Memoriam: Norman Archibald MacRae MacKenzie” (1985) 23 Can YB Int’l L 328 at 328.Google Scholar He also relied on Waite, supra note 7 at 222–23. Bourne would later describe MacKenzie as having acted as the “financial godfather of the Yearbook that made it all happen.” Macdonald, supra note 19 at 35.

³² Bourne, CB, “Preface” (1963) 1 Can YB Int’l L 11 at 11.Google Scholar

³³ See further MacKenzie, NAM, “A Word of Welcome” (1961) 34 Pacific Affairs 4.Google Scholar

³⁴ See earlier discussion in note 14 of this article. Founded in 1925, the IPR came under attack in the 1950s, during the McCarthy era, for allegedly promoting communism. See, for example, United States v Lattimore, 215 F 2d 847, 94 US 268 (DC Cir 1954). The IPR later lost its tax-exempt status for allegedly distributing communist propaganda. Although the IPR won the subsequent legal battle to regain its status, the combined effect of negative publicity and financial cost led to the IPR’s demise in 1960. See further “About Us — Our History: A Note from the Editor,” online: Pacific Affairs ˂http://www.pacificaffairs.ubc.ca/about/ about-us-our-history/˃.

³⁵ Macdonald, supra note 19 at 37–38.

³⁶ The publisher was initially the University of British Columbia Publications Centre, ceding to the University of British Columbia Press when it was established in 1971. Ibid at 36.

³⁷ Ibid at 38–39.

³⁸ The Canadian branch of the ILA is also identified as “The Canadian Society of International Law” in volumes of the CYIL/ACDI published in the 1970s.

³⁹ MacKenzie, supra note 7 at 7.

⁴⁰ Macdonald, supra note 22 at 19; Cohen, Maxwell, “Some Main Directions of International Law: A Canadian Perspective” (1963) 1 Can YB Int’l L 15 at 16.Google Scholar

⁴¹ Cohen, supra note 22 at 285.

⁴² Bourne, supra note 32 at 11.

⁴³ Macdonald, supra note 19 at 4. For comparison, membership in the Council on Foreign Relations is restricted to US citizens and permanent US residents who have applied for US citizenship: Council on Foreign Relations, “Applying for Individual Membership,” online: ˂http://www.cfr.org/about/membership/ rules.html ˃.

⁴⁴ Bourne, supra note 32 at 11. Bourne himself was “going abroad” in 1963-64, using his sabbatical year to begin his doctoral studies at Harvard University under the supervision of Richard Baxter. He received his SJD from Harvard in 1970. Macdonald, supra note 19 at 23–24.

⁴⁵ Bourne, supra note 32 at 11.

⁴⁶ Ibid at 12.

⁴⁷ Damrosch, Lori Fisler, “The ‘American’ and the ‘International’ in the American Journal of International Law” (2006) 100:1 AJIL 2 at 2.CrossRefGoogle Scholar

⁴⁸ Kirgis, Frederic L, “The Formative Years of the American Society of International Law” (1996) 90:4 AJIL 559.CrossRefGoogle Scholar See also Kirgis, Frederic L, The American Society of International Law’s First Century: 1906–2006 (Leiden and Boston: Martinus Nijhoff, 2006).CrossRefGoogle Scholar

⁴⁹ See also Bederman, supra note 1 at 23.

⁵⁰ “The Aim and Scope of the American Society of International Law” (1907) 1:1 AJIL 130 at 131; “History of the Organization of the American Society of International Law” (1907) 1 Am Soc’y Int’l L Proc 23 at 14.

⁵¹ “Draft of the Proposed Journal of International Law” (1907) 1 Am Soc’y Int’l L Proc 29 at 29.

⁵² Ibid at 30.

⁵³ Ibid. See also Damrosch, supra note 47 at 3.

⁵⁴ Ibid at 7–8.

⁵⁵ Now the British Yearbook of International Law (BYIL); originally “Year Book” was written as two words.

⁵⁶ MacKenzie, supra note 7 at 7. PE Corbett was also familiar with the BYIL as an author and as a fellow of All Souls College at Oxford University. See PE Corbett, “What Is the League of Nations?” (1924) 5 Brit YB Int’l L 119; Corbett, PE, “The Consent of States and the Sources of the Law of Nations” (1925) 6 Brit YB Int’l L 20.Google Scholar

⁵⁷ Macdonald, supra note 19 at 37; Cohen, Maxwell, “Espionage and Immunity: Some Recent Problems and Developments” (1948) 25 Brit YB Int’l L 404.Google Scholar

⁵⁸ “Introduction” (1920–21) 1 Brit YB Int’l L iii at iii.

⁵⁹ Ibid.

⁶⁰ Ibid at iv. The other four members of the editorial committee were Professor A Pearce Higgins (who replaced Oppenheim as the Whewell Professor at Cambridge), Sir John Macdonell, Sir Cecil Hurst, and Edward A Whittuck (a financial supporter and a governor of the London School of Economics and Political Science), with Cyril M Picciotto, a former Whewell Scholar, listed as editor. Ibid at ii. With the passing of Sir Erle Richards in 1922 (see Finlay, Viscount, “The Late Sir H. Erle Richards, K.C.S.I., K.C.” (1922–23) 3 Brit YB Int’l L 16),Google Scholar James L Brierly became Chichele Professor and a member of the BYILs editorial committee: (1923–24) 4 Brit YB Int’l L ii. On Whittuck’s role, see “Edward Arthur Whittuck” (1924) 5 Brit YB Int’l L 1.

⁶¹ “Introduction” (1921–22) 2 Brit YB Int’l L iii. On the British Institute of International Affairs, see note 13 earlier in this article.

⁶² (1924) 5 Brit YB Int’l L iii.

⁶³ Whittuck, EA, “Professor Oppenheim” (1920–21) 1 Brit YB Int’l L 1 at 1 Google Scholar. Another obituary can be found at “Professor Oppenheim” (1920) 14:1 AJIL 229.

⁶⁴ Whittuck, supra note 63 at 6. See generally Oppenheim, LFL, International Law: A Treatise, volume 1: Peace (London: Longmans, Green and Company, 1905)Google Scholar; LFL Oppenheim, International Law: A Treatise, volume 2: War and Neutrality (London: Longmans, Green and Company, 1906). The connection between Oppenheim’s vision and the format adopted by the BYIL was expressly acknowledged by Whittuck, supra note 63 at 1.

⁶⁵ (1922–23) 3 Brit YB Int’l L ii; (1924) 5 Brit YB Int’l L iv.

⁶⁶ See [1965] Austl YB Int’l L 1.

⁶⁷ Starke, JG, “Preface” [1965] Austl YB Int’l L 3.Google Scholar For a fuller description of Starke’s career, see Shearer, Ivan, “J.G. Starke, Q.C.” (2006) 25 Austl YB Int’l L i.Google Scholar Like MacKenzie and Corbett in Canada, Starke had also experienced international legal practice, serving in the Legal Secretariat of the League of Nations from 1937 to 1940. Shearer recalls that one of Joe Starke’s tasks was to write to Leon Trotsky, who wished to propose that Josef Stalin be brought before the new International Criminal Court after learning that the League of Nations had adopted a Convention for the Prevention and Punishment of Terrorism in 1937. The convention never entered into force.

⁶⁸ SirSpender, Percy, “The Office of President of the International Court of Justice” [1965] Austl YB Int’l L 9.Google Scholar At the time of his nomination to the court in 1957, Sir Percy was the Australian ambassador to the United States and a former minister for foreign affairs. He sat on the International Court of Justice (ICJ) from 1958 to 1967, serving as president of the Court from 1964 to 1967. It was after the Australian Year Book’s founding that Sir Percy (infamously) cast the deciding vote in the South West Africa cases. See South West Africa, Second Phase, Judgment, [1966] ICJ Rep 6 at 51–57. A second Australian is likely to become a member of the ICJ in 2014. See Commonwealth of Australia, Minister for Foreign Affairs, Press Release, “Nomination of Professor James Crawford SC to the International Court ofJustice” (30 October 2012), online: Government of Australia ˂http://foreignminister.gov.au/releases/2012/bc_mr_121030.html˃. See also Chao, JKT, “John E. Read, Q.C., D.C.L., LL.D. (1888–1973): The First and Only Judge with Canadian Nationality of the International Court of Justice” (2005) 23 Chinese (Taiwan) YB Int’l L & Aff 17 Google Scholar; Rosenne, Shabtai, “Judge John E. Read and the International Court of Justice” (1979) 17 Can YB Int’l L 3.Google Scholar

⁶⁹ Read, John E, “The Trail Smelter Dispute” (1963) 1 Can YB Int’l L 213 Google Scholar; Read, John E, “The World Court and the Years to Come” (1964) 2 Can YB Int’l L 164.Google Scholar

⁷⁰ Greig, DW, “Preface” [1967] Austl YB Int’l L vii at vii.Google Scholar See Shearer, supranote 67 at iii.

⁷¹ A problem also encountered in the 1980s, with the tenth volume covering 198183 and the eleventh volume covering 1984–87.

⁷² Miller, Robert, “Preface” [1970–73] Austl YB Int’l L vi.Google ScholarPubMed

⁷³ Greig, DW, “Preface” [1974–75] Austl YB Int’l L vii.Google Scholar

⁷⁴ Connell, HB, “Preface” [1968–69] Austl YB Int’l L v.Google Scholar

⁷⁵ “Editorial Committee” [1967] Austl YB Int’l L iii; but see “Editorial Committee” [1970-73] Austl YB Int’l L v, where Macquarie University replaced the University of Papua New Guinea. The University of Sydney was not listed for the fifth volume of the Australian Year Book but was back for the sixth.

⁷⁶ “Editorial Committee” [1967] Austl YB Int’l L iii; “Editorial Committee” [197073] Austl YB Int’l L v.

⁷⁷ “Editorial Board” (1974–75) 6 Austl YB Int’l L iii.

⁷⁸ Ibid.

⁷⁹ Shearer, supra note 67 at iii. See also Hathaway, supra note 6 at ii.

⁸⁰ Starke, JG, “Preface” [1966] Austl YB Int’l L 3.Google Scholar

⁸¹ Cohen, Maxwell, “Some Main Directions of International Law: A Canadian Perspective” (1963) 1 Can YB Int’l L 15.Google Scholar

⁸² Ibid at 17.

⁸³ Ibid. A notable theoretical work appearing in the CYIL/ACDI is Johnston, Douglas M, “Functionalism in the Theory of International Law” (1988) 26 Can YB Int’l L 3.Google Scholar Johnston, would later write The Historical Foundations of World Order: The Tower and the Arena (Leiden: Martinus Nijhoff, 2008),Google Scholar which was awarded the ASIL Certificate of Merit for Pre-eminent Contribution to Creative Scholarship posthumously in 2009.

⁸⁴ An exception is Head, Ivan L, “The Stranger in Our Midst: A Sketch of the Legal Alien in Canada” (1964) 2 Can YB Int’l L 107.Google Scholar By comparison, the fifth volume of the Australian Year Book featured a symposium on human rights, including a lead article by Gareth Evans, then a lecturer in law at the University of Melbourne. Evans, Gareth, “Prospects and Problems for an Australian Bill of Rights” [1970–73] Austl YB Int’l L 1.Google Scholar

⁸⁵ On waters, see, for example, La Forest, GV, “Canadian Inland Waters of the Atlantic Provinces and the Bay of Fundy Incident” (1963) 1 Can YB Int’l L 149 Google Scholar; Bourne, CB, “The Right to Use the Waters of International Rivers” (1965) 3 Can YB Int’l L 187 Google Scholar; Bourne, CB, “Procedure in the Development of International Drainage Basins: The Duty to Consult and to Negotiate” (1972) 10 Can YB Int’l L 212.Google Scholar On the Arctic, see Pharand, Donat, “Innocent Passage in the Arctic” (1968) 6 Can YB Int’l L 3 Google Scholar; Morin, Jacques-Yvan, “Le progrès technique, la pollution et l’évolution récente du droit de la mer au Canada, particulièrement à l’égard de l’Arctique” (1970) 8 Can YB Int’l L 158.Google Scholar On fishing, see Gotlieb, AE, “The Canadian Contribution to the Concept of a Fishing Zone in International Law” (1964) 2 Can YB Int’l L 55 Google Scholar; Morin, Jacques-Yvan, “La zone de pêche exclusive du Canada” (1964) 2 Can YB Int’l L 77.Google Scholar Gerald F FitzGerald authored an annual article in his personal capacity on matters of air and space law for each of volumes 1-12. He would later author additional articles for volumes 17, 20, 22, and 25.

⁸⁶ On international criminal law, see, for example, FitzGerald, Gerald F, “Offences and Certain Other Acts Committed on Board Aircraft: The Tokyo Convention of 1963” (1964) 2 Can YB Int’l L 191.Google Scholar On the Cold War and Soviet approaches to international law, see McWhinney, Edward, “Soviet and Western International Law and the Cold War in the Era of Bipolarity Inter-Block Law in a Nuclear Age” (1963) 1 Can YB Int’l L 40 Google Scholar; McWhinney, Edward, “Soviet Bloc Publicists and the East-West Legal Debate” (1964) 2 Can YB Int’l L 2 Google Scholar (building upon McWhinney, Edward, “Peaceful Co-Existence and Soviet-Western International Law” (1962) 50:4 AJIL 951).CrossRefGoogle Scholar See also Patry, André, “La conception soviétique du droit international” (1971) 9 Can YB Int’l L 102.Google Scholar This topic is of continuing interest. See McWhinney, Edward, “International Law Making in Times of Competing Ideologies or Clashing Civilizations: Peaceful Coexistence and Soviet-Western Legal Dialogue in the Cold War Era” (2006) 44 Can YB Int’l L 421.Google Scholar

⁸⁷ Dai Poeliu was another regular contributor, writing articles primarily on developments in Asia for volumes 2–6, 8, 10–12, and 17. He had graduated from Johns Hopkins University in 1934 with a doctorate in international law and relations and worked at the International Civil Aviation Organization in the 1960s, before becoming a political science professor at the State University of New York at Potsdam. His contributions to the CYIL/ACDI included Poeliu, Dai, “Canada and the Two-China Formula at the United Nations” (1967) 5 Can YB Int’l L 217 Google Scholar; Poeliu, Dai, “Recognition of States and Governments under International Law with Special Reference to Canadian Postwar Practice and the Legal Status of Taiwan (Formosa)” (1965) 3 Can YB Int’l L 290 Google Scholar; Poeliu, Dai, “Canada’s Role in the International Commission for the Supervision and Control in Vietnam” (1966) 4 Can YB Int’l L 161.Google Scholar On the status of Taiwan, see also Kirkham, D Barry, “The International Legal Status of Formosa” (1968) 6 Can YB Int’l L 144.Google Scholar

⁸⁸ On international institutions, see, for example, Gotlieb, AE, “The International Law Commission” (1996) 4 Can YB Int’l L 64.Google Scholar On regional organizations, see Macdonald, R St J, “The Developing Relationship between Superior and Subordinate Political Bodies at the International Level: A Note on the Experience of the United Nations and the Organization of American States” (1964) 2 Can YB Int’l L 21 Google Scholar; McLaren, John PS, “The Dominican Crisis: An Inter-American Dilemma” (1966) 4 Can YB Int’l L 178.Google Scholar The European Union has also been a regional organization of interest to authors published in the CYIL/ACDI, as has the African Union in more recent years. On state succession, see, for example, Misra, KP, “Succession of States: Pakistan’s Membership in the United Nations” (1965) 3 Can YB Int’l L 281 Google Scholar; Lawford, Hugh J, “The Practice Concerning Treaty Succession in the Commonwealth” (1967) 5 Can YB Int’l L 3.Google Scholar

⁸⁹ On satellites and broadcasting, see, for example, Gotlieb, AE and Dalfen, CM, “Direct Satellite Broadcasting: A Case Study in the Development of the Law of Space Communications” (1969) 7 Can YB Int’l L 33.Google Scholar On international dispute settlement, see Head, Ivan L, “A Fresh Look at the Local Remedies Rule” (1967) 5 Can YB Int’l L 142 Google Scholar; Atkey, Ronald G, “Foreign Investment Disputes: Access of Private Individuals to International Tribunals” (1967) 5 Can YB Int’l L 229.Google Scholar On the inter-relationship between federalism and foreign affairs, see Sabourin, Louis, “La participation des provinces canadiennes aux organisations internationales” (1965) 3 Can YB Int’l L 73 Google Scholar; McWhinney, Edward, “Federalism, Biculturalism, and International Law” (1965) 3 Can YB Int’l L 100.Google Scholar

⁹⁰ McWhinney, Edward, “Coexistence, National and International: The First Annual Scientific Meeting of the International Law Association (Canadian Branch)” (1966) 4 Can YB Int’l L 216 Google Scholar; McRae, DM, “Annual Conference of the Canadian Council on International Law” (1972) 10 Can YB Int’l L 278.Google Scholar McRae would subsequently write reports on the second to fifth conferences.

⁹¹ See, for example, Beesley, J Alan, “The Canadian Approach to International Environmental Law” (1973) 11 Can YB Int’l L 3.Google Scholar See also de Mestral, ALC, “La Convention sur la prévention de la pollution résultant d’immersion de déchêts” (1973) 11 Can YB Int’l L 226 Google Scholar; Macdonald, R St J, “The New Canadian Declaration of Acceptance of the Compulsory Jurisdiction of the International Court of Justice” (1970) 8 Can YB Int’l L 3.Google Scholar The reservation preventing scrutiny by the court was reportedly described by AE Gotlieb and CM Dalfen as a “decisive act” in the move towards a Canadian foreign policy focused on national interests. McRae, supra note 90 at 279.

⁹² On the law of armed conflict, see most notably Green, LC, “Superior Orders and Command Responsibility” (1989) 27 Can YB Int’l L 167.Google Scholar For a more recent contribution, see Penny, Christopher K, “Obeying Restraints: Applying the Plea of Superior Orders to Military Defendants before the International Criminal Court” (2010) 48 Can YB Int’l L 3.Google Scholar On transnational criminal law, see Castel, J-G and Williams, Sharon A, “The Extradition of Canadian Citizens and Sections 6(1) and 1 of the Canadian Charter of Rights and Freedoms” (1987) 25 Can YB Int’l L 263.Google Scholar

⁹³ Contrast Gotlieb, AE, “Canada and the Refugee Question in International Law” (1975) 13 Can YB Int’l L 3,Google Scholar with Macdonald, R St J, “The United Nations High Commissioner for Human Rights” (1967) Can YB Int’l 84,Google Scholar and Macdonald, R St J, “A United Nations High Commissioner for Human Rights: The Decline and Fall of an Initiative” (1972) 10 Can YB Int’l L 40.Google Scholar See also Humphrey, John P, “United Nations High Commissioner for Human Rights: The Birth of an Initiative” (1973) H Can YB Int’l L 220.Google Scholar

⁹⁴ Fischer, Hugo, “The Human Rights Covenants and Canadian Law” (1977) 15 Can YB Int’l L 42.Google Scholar The author was a former official with Canada’s Department of Justice. Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

⁹⁵ Verdon, Christiane and Dalfen, Charles M, “Coopération régionale: nouvelle voie ou impasse dans le développement du droit des satellites de radiodiffusion directe” (1970) 8 Can YB Int’l L 89 Google Scholar; Pomerance, Michla, “Methods of Self-Determination and the Argument of Primitiveness” (1974) 12 Can YB Int’l L 38.Google Scholar

⁹⁶ Williams assumed the task of preparing the digest of cases, started by J-G Castel in 1968–69. See Williams, Sharon A, “Digest of Important Canadian Cases Reported in 1974 in the Fields of Public International Law and Conflict of Laws” (1975) 13 Can YB Int’l L 396,Google Scholar and subsequent contributions.

⁹⁷ Macdonald, supra note 7. Parts II, III, and IV in Macdonald’s series on the teaching of international law in Canada can be found in volumes 13, 14, and 21 respectively of the CYIL/ACDI. See also Macdonald, supra note 29.

⁹⁸ See, for example, Macdonald, R St J, “The Nicaragua Case: New Answers to Old Questions?” (1986) Can YB Int’l L 12 Google Scholar; Currie, John H, “NATO’s Humanitarian Intervention in Kosovo: Making or Breaking International Law?” (1998) 36 Can YB Int’l L 303.Google Scholar

⁹⁹ See Jewett, ML, “The Evolution of the Legal Regime of the Continental Shelf” (1984) 22 Can YB Int’l L 153 Google Scholar (with Part II in (1985) 23 Can YB Int’l L 201); Legault, LH and McRae, DM, “The Gulf of Maine Case” (1984) 22 Can YB Int’l L 267.Google Scholar

¹⁰⁰ Lee, Edward G and Sproule, DW, “Liability for Damage Caused by Space Debris: The Cosmos 954 Claim” (1988) 26 Can YB Int’l L 273 Google Scholar; Molot, HL and Jewett, ML, “The State Immunity Act of Canada” (1982) 20 Can YB Int’l L 79.Google Scholar State Immunity Act, RSC 1985, c S-18.

¹⁰¹ See, for example, Paterson, Robert K, “Canadian Investment Promotion and Protection Treaties” (1991) 29 Can YB Int’l L 373 Google Scholar; Thomas, JC, “Investor State Arbitration under Chapter 11” (1999) 37 Can YB Int’l L 99.Google Scholar

¹⁰² Schabas, William A, “Reservations to Human Rights Treaties: Time for Innovation and Reform” (1994) 32 Can YB Int’l L 39.Google Scholar

¹⁰³ La Forest, Gerard V, “The Expanding Role of the Supreme Court of Canada in International Law Issues” (1996) 34 Can YB Int’l L 89 Google Scholar; Wai, Robert, “In the Name of the International: The Supreme Court of Canada and the Internationalist Transformation of Private International Law” (2000) 39 Can YB Int’l L 117.Google Scholar

¹⁰⁴ See Kirsch, Philippe and Holmes, John T, “The Birth of the International Criminal Court: The Rome Conference” (1998) 36 Can YB Int’l L 3 Google Scholar; Turp, Daniel and van Ert, Gibran “International Recognition in the Supreme Court of Canada’s Quebec Reference” (1998) 36 Can YB Int’l L 335.Google Scholar

¹⁰⁵ Macdonald, supra note 19 at 40.

¹⁰⁶ Those employed by the Department of National Defence have also made contributions, writing in their personal capacity. See, for example, Fenrick, WJ, “The Exclusion Zone Device in the Law of Naval Warfare” (1986) 24 Can YB Int’l L 91 Google Scholar; Holman, Robin F, “The Rogue Civil Airliner and International Human Rights Law: An Argument for a Proportionality of Effects Analysis within the Right to Life” (2010) 48 Can YB Int’l L 39.Google Scholar

¹⁰⁷ By the 1990s, Bourne reported a steady decline in the number of Canadian international lawyers submitting manuscripts on a regular basis (see Macdonald, supra note 19 at 41), so the problem may be one of repeat submission in a world where there is now a multiplicity of journal options available.

¹⁰⁸ Macdonald, supra note 19 at 40.

¹⁰⁹ Cohen, supra note at 27.

¹¹⁰ A notable example is provided by 114957 CanadaLtée (Spraytech, Société d’arrosage) v Hudson (Town), 2001 SCC 40, [2001] 2 SCR 241 at para 32, where no mention is made of the government’s stated position on the status of the precautionary principle, despite this having been discussed in Leir, Michael, “Canadian Practice in International Law at the Department of Foreign Affairs in 1998–99” (1999) 37 Can YB Int’l L 317 at 319–324.Google Scholar For further discussion, see van Ert, Gibran, “The Problems and Promise of Spraytech v. Hudson” (2001) 39 Can YB Int’l L 371.Google Scholar See also Brunnée, Jutta and Toope, Stephen, “A Hesitant Embrace: The Application of International Law by Canadian Courts” (2002) 40 Can YB Int’l L 3 at 47.Google Scholar

¹¹¹ Various works have received citation from scholars writing in other journals, notably in subject specific journals such as the American Journal of Comparative Law, the Journal of Environmental Law, the Journal of International Economic Law, the Journal of Space Law, and the Natural Resources Journal.

¹¹² Green, supra note 92, cited in R v Finta, [1994] 1 SCR 701; Head, supra note 84, cited in R v Church of Scientology of Toronto, [1996] 33 OR (3d) 65 (CA); and Lavoie v Canada, [2000] 1 FC 3 (CA); Brunnée and Toope, supra note 110, cited in Islamic Republic of Iran v Hashemi, 2012 QCCA 1449.

¹¹³ Castel and Williams, supra note 92, cited in United States of America v Cotroni; United States of America v El Zein, [1989] 1 SCR 1469; Hughes, Elaine, “Ocean Dumping and Its Regulation in Canada” (1998) 26 Can YB Int’l L 155,Google Scholar cited in Nanoose Conversion Campaign v Canada (Minister of Citizenship and Immigration), [1997] 141 FTR 54; Sproule, DW and St-Denis, Paul, “The UN Drug Trafficking Convention: An Ambitious Step” (1989) 27 Can YB Int’l L 263,Google Scholar cited in Pushpanathan v Canada (Minister of Citizenship and Immigration), [1998] 1 SCR 982; Molot and Jewett, supra note 100, cited in Republic of Iraq c Export Development Corp, [2003] RJQ 2416 (Qué CA).

¹¹⁴ Including the citation to one, but not two, articles on the legal status of Taiwan. See Poeliu supra note 87, cited in Parent c Singapore Airlines, 2003 CanLII 7285 (QCCS).

¹¹⁵ The role of editor-in-chief has been carried out by CB Bourne from 1963 to 1992, DM McRae from 1993 to 2009, and John H Currie of the University of Ottawa since 2010. The role of associate editor has been carried out by Jacques-Yvan Morin from 1964 to 1973, A Donat Pharand from 1974 to 1982, ALC de Mestral from 1983 to 2009, and René Provost of McGill University since 2010.

¹¹⁶ Former assistants to the editors have included ALC de Mestral (1974–82), DM McRae (1974–92), Daniel Turp (1983–88), France Morrissette (1989–99), Joost Blom (1993–99), John H Currie (2000–09), René Provost (2000–09), and now Nicole LaViolette of the University of Ottawa and Frédéric Mégret of McGill University (each since 2010).

¹¹⁷ Bourne, supra note 28 at 390.

¹¹⁸ Long-serving board member FitzGerald worked for the Canadian government from 1940 to 1946, the International Civil Aviation Organization from 1946 to 1970, and then the Canadian government again, specifically the Department of Justice, from 1970 to 1985: Bourne, supra note 28 at 389. It is interesting to note that Bourne had in the early years taught a compulsory course on public international law for the LLB program that was open to students from across the University of British Columbia, attracting students of history, political science, and international affairs. According to Macdonald, supra note 19 at 17, “[t]he course proved so popular outside the faculty of law that the number of non-law students was capped in order to retain the legal flavour of the subject matter.”

¹¹⁹ By comparison, from 1944 to 1969, only American citizens were eligible to serve on the AJIL’s Board of Editors. Damrosch, supra note 47 at 11.

¹²⁰ Verdon and Dalfen, supra note 95.

¹²¹ The public record does not indicate whether a woman was asked, and declined, to join the Board in earlier years.

¹²² Two other board members have never published an article, note or digest in the CYIL/ACDI but each served for uncharacteristically short terms of service of less than three years in the early 1960s and mid-1970s. Bederman notes that the waning of editorial board members as authors is “part of the normal course of maturation of any academic periodical.” Bederman, supra note 1 at 56.

¹²³ Damrosch, supra note 47 at 17; Bederman, supra note 1 at 56.

¹²⁴ Bourne, supra note 32 at 11.

¹²⁵ For teaching materials that draw attention to the utility of this valuable resource through the inclusion of many excerpts from these statements of practice, see, for example, Currie, John H et al, International Law: Doctrine, Practice, and Theory, 2nd edition (Toronto: Irwin Law, 2014).Google Scholar