¹ Interview with Maxwell Cohen, May a, 1988, at 2.

² Citation read in 1981 by Dean H. Albert Hubbard of the University of Ottawa on the occasion of the conferring of the degree of Doctor of Laws, honoris causa, on Maxwell Cohen. See also Pallascio, Jacques, “Scholar–in–Residence: Maxwell Cohen,” The University of Ottawa Gazette, Vol. 22, No. I, 1987, at 8–10.Google Scholar

³ Gutkin, Harry, with Gutkin, Mildred, The Worst of Times, the Best of Times 97 (Markham, Ont.: Fitzhenry & Whiteside 1987).Google Scholar

⁴ Supra note 3, at 98.

⁵ Supra note 3, at 99.

⁶ Cohen, , “The Canadian Legal Profession and International Law,” (1983) 13 Manitoba L.J. 201, at 202–3.Google Scholar

⁷ Supra note 3, at 101.

⁸ Ibid. Stanley Knowles, the former member of parliament from Winnipeg North Centre, was Cohen’s debating partner in several major debates. See Stinson, Lloyd, “Meet Mr. Knowles, He’s the Honourable Member for Winnipeg North Centre,” The Winnipeg Free Press, Saturday, Mar. 13, 1971.Google Scholar

⁹ Krishner, Sheldon, “Cohen Feels at Home in Academia, Government,” The Canadian Jewish News, Mar. 12, 1981, at 5.Google Scholar

¹⁰ As editor–in–chief, Cohen had written many articles on international affairs; however, his writing was not confined to that area. After his father’s bank–ruptcy in the crash of 1929, Cohen wrote dramatizations of famous Canadian criminal trials to pay his law school tuition: Interview, May 2, 1988, at 2; see, too, supra note 3, at 100.

¹¹ See Williams, E.K., “Legal Education in Manitoba 1913–1950,” (1950) 28 Can. Bar Rev. 759, 880Google Scholar; Macdonald, R. St. J., “An Historical Introduction to the Teaching of International Law in Canada,” (1974) 12 Canadian Yearbook of International Law 67 Google Scholar. Cohen had been an articled student–at–law to J. D. Suffield, K.C., from 1931 to 1933 and to Marcus Hyman, K.C., from 1934 to 1935. See Addendum to Letter of Maxwell Cohen to the Hon. Colin Gibson, Minister of National Revenue, Aug. 7, 1940, Maxwell Cohen Papers, National Archives of Canada. And see supra note 6, at 201–2; supra note 3, at 101.

¹² Cohen, , “Some Considerations on the Origins of Habeas Corpus,” (1938) 16 Can. Bar Rev. 92 Google Scholar; Cohen, , “Habeas Corpus Causa: The Emergence of the Modern Writ — I,” (1940) 18 Can. Bar Rev. 10–43 Google Scholar; Cohen, , “Habeas Corpus Cum Causa: The Emergence of the Modern Writ — II,” (1940) 18 Can. Bar Rev. 172.Google Scholar

¹³ Letter of Maxwell Cohen to Dean David S. Ruder, Northwestern University Law School, Feb. 22, 1982, Maxwell Cohen Papers, National Archives of Canada.

¹⁴ In Camera, “Scholar in Residence,” Canadian Lawyer, December 1981, at 16, 18.

¹⁵ Cohen, , “The Canadian Anti-Trust Law: Doctrinal and Legislative Beginnings,” (1938) 16 Can. Bar Rev. 439–66.Google Scholar

¹⁶ Interview, Apr. 11, 1988, at 23–24.

¹⁷ Ibid., 23–24; interview, May 2, 1988, at 5–6.

¹⁸ See Cohen, , “The MacQuarrie Report and the Reform of Combines Legislation: The Background, Main Features and Problems,” (1952) 30 Can. Bar Rev. 551 Google Scholar; “Towards Reconsideration in Anti–Combines Law and Policy,” (1963) 9 McGill L.J. 81–102, 102; “Communists — Labour Law — Public Policy — Certification and Decertification — Certiorari — Interpretation of Statutes,” (1952) 30 Can. Bar Rev. 408–20.

¹⁹ Interview, May 2, 1988, at 15. The course on state intervention into the economy was begun in 1953–54 as a third-year seminar and graduate option. In later years, it was taught in conjunction with Irving Breecher and D. H. W. Henry.

²⁰ Cohen, , “The Role of Law and Lawyers in Industrial Relations,” (1950) McGill Industrial Relations Centre Google Scholar; (1951) 11 Revue du Barreau 477–92.

²¹ Cohen served as impartial chairman and arbitrator for the men’s clothing industry in Montreal from 1948 to 1951, as impartial chairman and arbitrator for the Montreal Fur Manufacturer’s Guild and Montreal Fur Worker’s Union from 1962 to 1966, and as chairman of one of the largest commercial arbitrations in Canada, a $17 million dispute between the constructors of the Mactaquac Dam and the New Brunswick Electric Power Commission : inter–view, Apr. 5, 1988, at 39.

²² Special Commission of Inquiry into the Unloading of Grain Vessels in Montreal Harbour, 1967–68; Royal Commission on Labour Legislation in New–foundland and Labrador 1969–72. See Report of the Royal Commission on Labour Legislation in Newfoundland and Labrador, 1972, Report of Committee on Manpower Problems in the Unloading of Grain Vessels, Port of Montreal, Mar. 6, 1968.

²³ Supra note 3, at 102–3; interview, May 2, 1988, at 9.

²⁴ Supra note 3, at 103.

²⁵ Ibid.

²⁶ Ibid.

²⁷ Cohen’s study examined economic controls under the Weir Measures Act, as previously applied, and predicted the kinds of economic controls that would be necessary to facilitate the integration of the demobilized men into Canadian society at war’s end: interview, Jan. 18, 1988; on the James Committee for Reconstruction generally, see Marsh, Leonard, Report on Social Security for Canada (Toronto: University of Toronto Press, 1975)Google Scholar; Guest, Dennis, “World War II and the Welfare State in Canada,” in Moscovitch, Allan and Albert, Jim (eds.), The Benevolent State: The Growth of Welfare in Canada 207, 217 (Toronto: Garamond Press, 1987)Google Scholar; Granatstein, J. L., Canada’s War: The Politics of the Mackenzie King Government, 1939–1945 at 254 ff. (Toronto: Oxford University Press, 1975).Google Scholar

²⁸ As Secretary to the Committee on Deficiencies and Stores Policy, Cohen undertook a cross–Canada review of military stores with respect to alleged deficiencies and thefts. He examined between 20 and 40 such situations as a “kind of informal one–man court of enquiry,” concluding that the actual losses suffered by the Department of Defence were negligible and that most alleged deficiencies resulted from the application of a varity of accounting methods: letter of M. Cohen to Colonel George S. Currie, Apr. 22, 1952; letter of M. Cohen to the Honourable Brooke Claxton, Apr. 22, 1952: Maxwell Cohen Papers, National Archives of Canada; see also supra note 3, at 103.

²⁹ Supra note 3, at 103.

³⁰ Khaki University of Canada in the U.K., Calendar of the Junior College, Leaverden, Hertfordshire, England, 1945.

³¹ Interview, May 2, 1988, at 4–5.

³² Interview with Dr. Stanley B. Frost, Feb. 8, 1989, at 5–6. Macdonald, R. St. J., “An Historical Introduction to the Teaching of International Law in Canada,” (1974), 12 Canadian Yearbook of International Law 67, at 77.Google Scholar

³³ Interview, Apr. 11, 1988, at 25–26; see also supra note 3, at 104.

³⁴ Interview, May 2, 1988, at 6–7.

³⁵ Macdonald, supra note 32; Cyril James, F., “The Link with the Future 1945–1959” in MacLennan, (ed.), McGill: The Story of a University 115–18 (Canada: George Allen and Unwin, 1960).Google Scholar

³⁶ See Frost, Stanley B., McGill University for the Advancement of Learning (Montreal: McGill–Queen’s University Press, 1980)Google Scholar; Pilkington, Gwendoline Evans, Speaking with One Voice: Universities in Dialogue with Government 23–48 (Montreal: History of McGill Project, McGill University, 1983)Google Scholar; Frost, Stanley B. and Johnston, David L., “Law at McGill: Past, Present and Future,” (1981) 27 McGill L.J. 34–39 Google Scholar; In Camera, “Scholar in Residence,” Canadian Lawyer, December 19891, at 18.

³⁷ Interview, Apr. 11, 1988, at 26–27. Gerald Le Dain was a member of his first class. See, too, Cohen’s review of Kindred, Hugh M. et al., International Law: Chiefly as Interpreted and Applied in Canada , 4th ed. (Toronto: Edmond Montgomery, 1987) in (1988) 33 McGill L.J. 445.Google Scholar

³⁸ Interview, May 2, 1988, at 7–8.

³⁹ Ibid., at 15–16.

⁴⁰ Macdonald, supra note 32, at 77, 78; Interview, May 2, 1988, at 11.

⁴¹ Cohen, , “The Condition of Legal Education in Canada,” (1950) 28 Can. Bar Rev. 267–315 Google Scholar; Interview, Feb. 17, 1988, at 4.

⁴² See also Cohen, , “The Condition of Legal Education in Canada: Fifteen Years Later 1949–1964,” (1964) Canadian Bar Papers 116–32Google Scholar; Cohen, , “Objectives and Methods of Legal Education: An Outline,” (1954) 32 Can. Bar Rev. 762–70Google Scholar; Cohen, , “Lawyers and Learning: The Professional and Intellectual Traditions,” (1961) 7 McGill L.J. 181–91Google Scholar; Cohen, , “What Makes a Law School Great?,” (1980) 6 Dalhousie L.J. 350–56.Google Scholar

⁴³ Among these commentators were Dean Wright, Dean Harno, Chief Justice Vanderbilt, and Mr.Justice Ivan, C. Rand. Cohen, “Objectives and Methods of Legal Education: An Outline,” (1954) 32 Can. Bar Rev. 762–69.Google Scholar

⁴⁴ Cohen, , “The Condition of Legal Education in Canada: Fifteen Years Later 1949–1964,” (1964) Canadian Bar Papers 127.Google Scholar

⁴⁵ Ibid., 122.

⁴⁶ Supra note 41, at 284.

⁴⁷ Cohen, , “Objectives and Methods of Legal Education: An Outline,” supra note 42, at 766–67.Google Scholar

⁴⁸ “In 1948–49, full-time staff in the 11 law faculties numbered 41. In 1963–64 full-time staff in 16 faculties numbered 155”: supra note 44, at 118. “In 1948–49 only five law schools out of the 11 had buildings of their own and of these, three shared their premises with other university entities.…Today there are new buildings already constructed or on the way in law faculties and most of them designed for efficient use for many years to come. The same is true with respect to law libraries. Where of the eleven libraries in 1949, seven had under ten thousand books, two between ten and twenty thousand and only two above twenty thousand volumes, today there are three libraries with over forty thousand books, three over thirty thousand, four over twenty and most of the others rising accordingly. And library physical arrangements have had to keep march and usually are the very centerpiece of most of the new buildings”: supra note 44, at 121. “Whereas in 1949, a lecturer received between $2,400 and $3,000, today the range is between $5,000 and $7,500, with the median probably close to $6,500. Assistant professors run from $6,380 to $9,500, associate professors from $6,380 to $13,450, while full professors are as low as $8,500 but go up to $18,500 in a few cases and perhaps higher in certain unreported instances with a median probably $14,000 to $15,000”; supra note 44, at 122.

⁴⁹ Supra note 44, at 123–24; see also Cohen, , “Lawyers and Learning: The Professional and Intellectual Traditions,” (1961) 7 McGill L.J. 181–92.Google Scholar

⁵⁰ Interview, Feb. 17, 1988, at 1–2; see especially his stimulating article “What Makes a Law School Great?,” (1980) 6 Dalhousie L.J. 350.

⁵¹ Supra note 41, at 279.

⁵² Letter from Dean M. Cohen to Dean W. A. MacKay, Aug. 5, 1964, Dalhousie Law School Archives. While widely accepted, a B.A. was not required for admission to law school.

⁵³ Interview, Feb. 17, 1988, at 2–3.

⁵⁴ “Objectives and Methods of Legal Education: An Outline,” (1954) 32 Can. Bar Rev. 762.

⁵⁵ Interview, Feb. 17, 1988, at 2. See also supra note 41, at 286.

⁵⁶ Cohen, , “What Makes a Law School Great?,” (1980) 6 Dalhousie L.J. 353 Google Scholar; Brierly, J.E.C., “Developments in Legal Education at McGill: 1970–1980,” (1982) 7 Dalhousie L.J. 364 Google Scholar; interview, Apr. 11, 1988, at 19; see also supra note 41, at 286–89.

⁵⁷ Cohen, Review of Kindred, Hugh M. et al., International Law: Chiefly as Interpreted and Applied in Canada, 4th ed. (Toronto: Edmond Montgomery, 1987), (1988), 33 McGill L.J. 445–46.Google Scholar

⁵⁸ Supra note 56, “What Makes a Law School Great?,” at 354; supra note 41, at 288–89.

⁵⁹ Supra note 44, at 120–22.

⁶⁰ Consultative Group on Research and Education in Law (Ottawa: Information Division of the Social Sciences and Humanities Research Council of Canada, 1983).

⁶¹ Cohen, Review, (1983) 61 Can. Bar Rev. 711, 712.

⁶² Interview, Feb. 17, 1988, at 2–3.

⁶³ Supra note 56, “What Makes a Law School Great?,” at 353.

⁶⁴ Interview, Apr. 11, 1988, at 27.

⁶⁵ Supra note 41, at 285.

⁶⁶ Cohen, , “Espionage and Immunity: Some Recent Problems and Developments,” (1948) 25 B.Y.I.L. 404 Google Scholar. For background information, see Bothwell, R. and Granatstein, J.L., The Gouzenko Transcripts, 1982 Google Scholar; Sawatsky, J., Gouzenko: The Untold Story, 1984.Google Scholar

⁶⁷ Cohen, , “Some International Law Problems of Interest to Canada and Canadian Lawyers,” (1955) 33 Can. Bar Rev. 389–424.Google Scholar

⁶⁸ Cohen, , “International Law and Canadian Practice,” in McWhinney, E. (ed.), Canadian Jurisprudence: The Civil Law and Common Law in Canada 324–25 (Toronto: Carswell, 1958).Google Scholar

⁶⁹ Cohen notes that Canadian courts were often too willing to allow the Executive to decide questions of international law, questions that were proper for judicial determinations, thus “reducing the interplay between the international and municipal in the development of customary international law.” See, too, Macdonald, R. St. J., “Public International Law Questions Arising in Canadian Courts,” (1955–56) 11 U. of T.L.J. 224.CrossRefGoogle Scholar

⁷⁰ Supra note 67, at 410–20.

⁷¹ Supra note 68, at 324–33.

⁷² Cohen, , “Canada and the International Legal Order: An Inside Perspective,” in Macdonald, , Morris, , and Johnston, (eds.), Canadian Perspectives on Inter–national Law and Organization 9 (Toronto: University of Toronto Press, 1974)Google Scholar. For Cohen’s detailed historical analysis of this development, see ibid., 3–12.

⁷³ International Law Association, Report of Forty–Eighth Conference Held at New York, September 1 - September 7, 1958, at xviii (London 1959). On the history of the International Law Association, see, too, Nadelmann, Kurt H., “International Law at America’s Centennial,” (1976) 70 Am. J. Int’l L. 522–23Google Scholar; Fitzgerald, G. F., “The Canadian Branch of the International Law Association,” (1953) 31 Can. Bar Rev. 1021.Google Scholar

⁷⁴ Interview, Apr. 11, 1988, at 1–3.

⁷⁵ Ibid., 2–3.

⁷⁶ Cohen, , “Some Main Directions of International Law: A Canadian Perspective,” (1963) I Canadian Yearbook of International Law 15–16.Google Scholar

⁷⁷ Cohen, , “The Canadian Yearbook and International Law in Canada after Twenty-five Years,” (1987) 25 Canadian Yearbook of International Law 27.Google Scholar

⁷⁸ Interview, Apr. 11, 1988, at 2–4.

⁷⁹ Cohen mentions McNair, Hudson, Jenks, McDougal and Lasswell, DeVis–scher, Alf Ross, Schwarzenberger, Percy Corbett, and Julius Stone as among those engaged in this enterprise. Cohen, , “From Diversity to Unity: International Law in a Bipolar World,” (1959) 53 Proc. Am. Soc. Int’l L. 99 Google Scholar; Cohen, , “The Rule of Law in a Divided World,” in This Divided World (1960), Conference on World Affairs 91, at 92.Google Scholar

⁸⁰ (1964) 42 Can. Bar Rev. 449–52; see, too, This Divided World, supra note 79, at 100.

⁸¹ (1964) 42 Can. Bar Rev. 454. Note, however, the argument that Cohen makes with respect to the problem of achieving universality in the midst of diverse public orders:

⁸² See Cohen, in Canadian Perspectives on International Law and Organization, supra note 72, at 26–31, for the expansion of Canadian international legal activities.Google Scholar

⁸³ Cohen, , “From Diversity of Unity,” supra note 79, at 102.Google ScholarPubMed

⁸⁴ Ibid., 103.

⁸⁵ Ibid., 102.

⁸⁶ Ibid., 107.

⁸⁷ (1964) 42 Can. Bar Rev. 461–62.

⁸⁸ Letter of Cohen to R. St. J. Macdonald, Mar. ι, 1989. And see Cohen, ’s review of The International Law and Policy of Human Welfare in (1981) 59 59 Can. Bar. Rev. 613 Google Scholar, where he wrote at 615: “Neither Jenks nor Friedman were as ‘dogmatic’ or as specific as McDougal and Laswell may have been about a chosen value system and its semantics. But as pioneers they all shared this ‘feel’ for the movement away from normative–positivist–prescriptive models of law–formulation to something more closely related to the operational dynamics of social and political life and yet professionally usable by lawyers and related disciplines.…”

⁸⁹ Supra note 76, at 18, 22.

⁹⁰ Interview, Apr. 5, 1988, at 7–8. As to the operation of the Technical Assistance Administration, see also Keenleyside, H. L., “Adminstrative Problems of the Technical Assistance Administration,” (1952) 18 Can. J. Econ. and Pol. Sc. 345 Google Scholar, and Keenleyside, H. L., On the Bridge of Time: Memoirs of Hugh L. Keenleyside 390–479 (Toronto: McClelland and Stewart, 1982).Google Scholar

⁹¹ Interview, Apr. 5, 1988, at 8.

⁹² Keenleyside, supra note 90, at 400, describes Cohen as a “senior consultant with TAA.”

⁹³ Interview, Apr. 5, 1988, at 9–11. For a sample of his contribution to the ILA, see Report of the Forty-Seventh Conference Held at Dubrovnik, Aug. 26–Sept. I, 1956, at 237. At its 52nd Conference, held in Helsinki on Aug. 20, 1966, the ILA adopted the Helsinki Rules on the Uses of the Waters of International Rivers based on principles established in Dubrovnik in 1956 and modified at the New York Conference of the ILA in 1958. Cohen’s connection with UNTAA came to an end in 1956.

⁹⁴ Interview, Apr. 5, 1988, at 12–13. The paper was published in “The Natural Resources Forum.”

⁹⁵ See Cohen, , “Reflections on Law and the United Nations System,” (1960) Proc. Am. Soc. Int’l L. 243–53Google Scholar; Cohen, , “The United States and the United Nations Secretariat: A Preliminary Appraisal,” (1953) 1 McGill L.J. 169–99Google Scholar; Cohen, , “The United Nations Secretariat: Some Constitutional and Administrative Developments,” (1955) 49 Am. J. Int’l L. 295–320 Google Scholar; Cohen, “The United Nations Secretariat and the Eighth General Assembly,” Proceedings and Committee Reports of the American Branch of the ILA, 1954, at 10.Google Scholar

⁹⁶ (1953) I McGill L.J. 169–99.

⁹⁷ Ibid., 180–81. Cohen comments in Interview, Apr. 5, 1988, at 21 : “It was a great thing to get the Headquarters of the U.N., the new world order, within the United States, but no one could have foreseen that despite the plus in getting the U.S. involved (they were not involved in the League of Nations …), the price you pay for it is that you are also getting involved in their domestic politics, their domestic foreign policy and their domestic espionage.” Canada was not in favour of locating UN headquarters in the United States: see Reid, Escott, Radical Mandarin: The Memoirs of Escott Reid 205–8, 316 (Toronto: University of Toronto Press, 1989).Google Scholar

⁹⁸ Supra note 96, at 197.

⁹⁹ Ibid., 193–95, 197.

¹⁰⁰ Ibid.

¹⁰¹ Ibid.

¹⁰² (1955) 49 Am. J. Int’l L. 299–302, 305, 306–9.

¹⁰³ Ibid., 304–5, 306–9.

¹⁰⁴ Ibid., 309.

¹⁰⁵ Ibid., 315.

¹⁰⁶ UN Doc. 4/12533, Report of the Secretary-General on Personnel Policy, Nov. 2, 1953; supra note 102, at 309, fn. 107.

¹⁰⁷ Supra note 102, at 319.

¹⁰⁸ See Cohen’s Statements to the Sixth Committee: United Nations General Assembly Fourteenth Session, Official Records: A/C.6/SR.606, para. 2–7; A/C.6/SR.616, para. 39; A/C.6/SR.620, para. 44–45; A/C.6/SR. 622, para. 5; A/C.6/SR.627, para. 39; A/C.6/SR.628, para. 7–23; A/C.6/SR.631, para. 26–28; A/C.6/SR.632, para. 34; A/C.6/SR.633, para. 6; A/C.6/SR.637, para. 6; A/C.6/SR.638, para. 12–18; A/C.6/SR.643, para. 8–12.

¹⁰⁹ See Cohen’s Statements to the Third Committee: United Nations General Assembly Fourteenth Session Official Records: A/C.3/SR.965, para 21–25, A/C.3/SR.969, para. 1.

¹¹⁰ See generally, Humphrey, John P., Human Rights and the United Nations: A Great Adventure (Dobbs Ferry, NY: Transnational Publishers, 1948).Google Scholar

¹¹¹ Cohen, , “Reflections on Law and the United Nations System,” (1960), Proc. Am. Soc. Int’l L. 244.Google Scholar

¹¹² Ibid., 252, 243–53; see also Cohen, , “Morals and Majorities: Dilemma of the U.N.,” 72 Saturday Night, Mar. 2, 1957, at 6–8 Google Scholar, and Official Records of the United Nations General Assembly Fourteenth Session, A/C/6/SR.606, para. 7; A/C.6/SR.643, para. 12.

¹¹³ (1957) 12 International Journal 109–27.

¹¹⁴ (1967–68) 23 International Journal 18–52.

¹¹⁵ Supra note 113, at 112–13.

¹¹⁶ Supra note 114, at 33–36.

¹¹⁷ In “The Demise of UNEF,” supra note 114, at 50–52, Cohen set out the major lessons of the UNEF experience from 1957 to 1967 as follows:

• 1.

  1. Peacekeeping must not be confused with “enforcement actions” in the sense of actually using force against any party to a dispute under Chapter VII.

• 2.

  2. Peacekeeping is primarily “a presence” in modest military numbers, symbolic in its overall image and possibly creative of “buffer” zones in sensitive areas, particularly cease–fire, truce, armistice, or demarcation lines, or points on or near other specifically marked boundaries. Its activity involves only patrol and reportage and through both, the creation of a form of “policing,” by observing and reporting to the international community through the Secretary General or other designated officials or organs of the United Nations.

• 3.

  3. For its effective functioning, peacekeeping requires:

• (a)

  (a) sufficient military or para–military forces, lightly armed, of which the technical services — signals, engineers, etc. — are the most difficult to obtain. Advanced planning by the Organization is desirable even if difficult, particularly the need to have technical units available.

• (b)

  (b) specific and reasonably clear agreement with the host state or states as to the scope of the tasks to be performed and the conditions under which disputes about these tasks and their termination can be determined swiftly and authoritatively with binding results on the host state or states or on the Organization.

• (c)

  (c) a pre–arranged scheme of financing every particular operation preferably in the context of a general U.N. peacekeeping policy and financing framework, but ad hoc if necessary.

• (d)

  (d) a recognition that each peacekeeping operation has certain features and problems unique to itself but that principles of U.N. and member–state responsibility, and methods of operation, should be formulated so as to give some consistency to the general scheme of peacekeeping— standing as it does mid–way between mere observation or truce supervision, and Enforcement Action under Chapter VII.

• (e)

  (e) peacekeeping probably requires that both the General Assembly and the Security Council have a role, but in general it is evident that the more effective long–term approach would be to assert the primacy of the Council, without closing the door to the Assembly’s right to act if the Council is unable to do so because of the veto or other reasons.

¹¹⁸ As Cohen says, “by year two at McGill, I’d decided I’d be interested in political life and see.…”: interview, Apr. 5, 1988, at 23.

¹¹⁹ Ibid., 22–23.

¹²⁰ Interview, May 2, 1988, at 8.

¹²¹ For a full discussion, see Macdonald, Roderick A., “The National Law Programme at McGill: Origins, Establishment, Prospects,” (1990) Dalhousie L.J. Interview, Jan. 17, 1988.Google Scholar

¹²² Interview, May 2, 1988, at 9.

¹²³ Interview Apr. 5, 1988, at 32–33; Report of the Royal Commission on Bi–lingualism and Biculturalism, Book 1 at 181 (Ottawa: Queen’s Printer, Oct. 8, 1967). See also “The Challenge of the New Quebec,” The McGill News, Vol. XLVI, No. 3, June/July 1965, at 5–7.

¹²⁴ Calendar of the Institute of Air and Space Law, McGill University 1989, at 4; see also “Putting Order in the Heavens,” McGill News, Spring 1975, at 6.

¹²⁵ Annual Report, Faculty of Law, McGill University, 1965–66, at 54.

¹²⁶ For discussion of the development of the Yearbook, see Mankiewicz, R.H., Preface, 1965 Yearbook of Air and Space Law (Montreal: McGill University Press, 1967)Google Scholar; and see Cohen, (ed.), Law and Politics in Space: Proceedings of the First McGill Conference on the Law of Outer Space, Apr. 13–13, 1964 (Montreal: McGill University Press, 1964).Google Scholar

¹²⁷ Supra note 125, at 53.

¹²⁸ Annual Report of the Faculty of Law, McGill University, 1967–68, at 61, 68.

¹²⁹ See Roderick A. Macdonald, supra note 121; Frost, Stanley and Johnston, David L., “Law at McGill: Past, Present and Future,” (1981) 27 McGill L.J. 34–37 Google Scholar; Brierley, J.E.C., “Developments in Legal Education at McGill, 1970–1980,” (1982) 7 Dalhousie L.J. 364.Google Scholar

¹³⁰ Annual Report of the Faculty of Law, McGill University, 1967–68, at 68.

¹³¹ Annual Report of the Faculty of Law, McGill University, 1968–69, at 58; Roderick A. Macdonald, supra note 121.

¹³² Annual Report of the Faculty of Law, McGill University, 1968–69, at 56.

¹³³ Supra note 128, at 68.

¹³⁴ In Quebec, students may enter law school directly from CEGEP; see supra note 125, at 69.

¹³⁵ Supra note 128, at 56.

¹³⁶ Supra note 128, at 56; see, too, the brochure on the occasion of the Official Opening of Chancellor Day Hall, Faculty of Law, McGill University, Jan. 21, 1967.

¹³⁷ Supra note 68, at 355–58; supra note 76, at 18–25.

¹³⁸ See Cohen, , “The Arctic and National Interest,” (1971) 26 International Journal 52–81 Google Scholar; Cohen, , “Foreword,” (1965) 1 Yearbook on Air and Space Law Google Scholar; Cohen, , “Toward a Legal Regime in Space,” (1963) Man. Law School J. 147–54Google Scholar; Cohen (ed.), Law and Politics in Space: Proceedings of the First McGill Conference on the Law of Outer Space, supra note 126; Cohen, , “Polar Ice and Arctic Sovereignty,” Saturday Night, Aug. 30, 1958, at 12–13 Google Scholar; Cohen, , “Who Makes Traffic Laws in Space?,” Saturday Night, Nov. 9, 1957 Google Scholar. See Vlasic, Ivan A., “The Developing Law of Outer Space,” (1966) 14 Chitty’s L.J. 241 Google Scholar; Matte, N., “The Draft Treaty on the Moon, Eight Years Later,” (1978) 3 Annals of Air and Space Law 5–11 Google Scholar; Macdonald, R. St. J. (ed.), The Arctic Frontier (Toronto: University of Toronto Press, 1966)Google Scholar; Green, L. C., “Canada and Arctic Sovereignty,” (1970) 48 Can. Bar Rev. 740 Google Scholar; Head, Ivan L., “Canadian Claims to Territorial Sovereignty in Arctic Regions,” (1963) 9 McGill L.J. 200 Google Scholar; Pharand, D. A., “The Arctic Waters in Relation to Canada,” in Canadian Perspectives on Int’l Law and Org.,” 434 (Toronto: University of Toronto Press, 1974)Google Scholar; Pharand, D. A., “Innocent Passage in the Arctic,” (1968) 6 Canadian Yearbook of International Law 3 Google Scholar; Pharand, D. A., Canada’s Arctic Waters in International Law (Cambridge: Cambridge University Press, 1988).Google Scholar

¹³⁹ Cohen, , “Some Legal and Policy Aspects of the Columbia River Dispute,” (1958) 36 Can. Bar Rev. 30 Google Scholar. See also Cohen, , “The Columbia River: An Asset and an Irritation,” Saturday Night, Sept. 28, 1957 Google Scholar. For the background, see Bourne, C.B., “The Columbia River Controversy,” (1959) 37 Can. Bar Rev. 444.Google Scholar

¹⁴⁰ Cohen in 36 Can. Bar Rev. 25, at 35, 39–40.

¹⁴¹ For a précis of the treaty provisions, see Cohen, , “The Columbia River Treaty: A Comment,” (1961–62) 8 McGill L.J. 212–19, at 213.Google Scholar

¹⁴² Ibid., 214, as to whether or not the federal government was aware of the provincial position prior to signature.

¹⁴³ Ibid., 215.

¹⁴⁴ Supra note 119, at 19.

¹⁴⁵ Cohen, and Nadeau, , “The Legacy Framework of the St. Lawrence Seaway,” in Proehl, (ed.), Legal Problems of International Trade 50 (Urbana: University of Illinois Press, 1959).Google Scholar

¹⁴⁶ The Royal Commission on Government Organization, Vol. 4, Report 21 (Ottawa: Queen’s Printer, 1962–63), at 95. See, too, Cohen, , “An Outside View,” in Merilatt, H.C.L. (ed.), Legal Advisers and Foreign Affairs 43–50 (New York: Oceana Publications, 1964)Google Scholar; Macdonald, R. St. J., “The Role of the Legal Adviser of Ministries of Foreign Affairs,” (1977) Recueil des Cours, Vol. 3, at 381.Google Scholar

¹⁴⁷ Ottawa, Queen’s Printer, Apr. 1964. Prepared by Department of External Affairs and Department of Northern Affairs and National Resources in con–sultation with Cohen, Staff of Montreal Engineering Company Ltd., Officials of B.C. Government, B.C. Hydro and Power Authority. See, too, interview, Apr. 5, 1988, at 28–29.

¹⁴⁸ Interview, May 2, 1988, at 17.

¹⁴⁹ Cohen, , “Human Rights and Hate Propaganda: Controversial Canadian Experiment,” in Of Law and Man: Essays in Honour of Mr. Justice Haim Cohn, Supreme Court of Isreal 63 (Tel Aviv: University of Tel Aviv Press, 1971)Google Scholar; at Cohen, , “The Hate Propaganda Amendments: Reflections on a Controversay,” (1971) 9 Alberta L. Rev. 103–18Google Scholar. The members of the Special Committee were Dr. J. A. Corry, Principal, Queen’s University; L’abbé Gérard Dion, Faculty of Social Sciences, Laval University; Mr. Saul Hayes, Q.C., Ex. Vice–Pres. C.J.C.; Prof. Mark R. MacGuigan, Assoc. Prof, of Law, University of Toronto; Mr. Shane MacKay, Exec. Editor, Winnipeg Free Press; Prof. Pierre Elliott Trudeau, Assoc. Prof, of Law, University of Montreal, with Harvey Yarosky later added as Exec. Assist, to Chairman; Report to the Minister of Justice of the Special Committee on Hate Propaganda in Canada, Nov. 10, 1965.

¹⁵⁰ Cohen stated in Interview, Apr. 5, 1988, at 30:

¹⁵¹ Interview, Apr. 5, 1988, at 31–32.

¹⁵² Cohen, , “Human Rights and Hate Propaganda,” supra note 149, at 63, 67–69Google Scholar; and Report, Appendix II.

¹⁵³ Cohen, , “Bill C-60 and International Law. The United Nations Charter: Declaration of Rights,” (1959) 37 Can. Bar Rev. 230–231 Google Scholar; see also Cohen’s testimony before the Special Committee on Human Rights and Fundamental Freedoms on July 21, 1960, Minutes of Proceedings and Evidence No 5, Special Committee on Human Rights and Fundamental Freedoms. July 21, 1960, at 360–97.

¹⁵⁴ Ibid., 231–32.

¹⁵⁵ Supra note 150, at 561–64.

¹⁵⁶ Supra note 153, at 228–30; Cohen, , “The Individual and International Law,” in Gotlieb, Allan (ed.), Human Rights, Federalism and Minorities 111–24 (Toronto: Canadian Institute of International Affairs, 1970).Google Scholar

¹⁵⁷ “The Individual and International Law,” supra note 156, at 111–17.

¹⁵⁸ Cohen, , “Human Rights: Programme or Catchall? A Canadian Rationale,” (1968) 46 Can. Bar Rev. 554–56.Google Scholar

¹⁵⁹ Ibid., 557.

¹⁶⁰ “The Individual in International Law,” supra note 156, at 118.

¹⁶¹ Ibid., 119.

¹⁶² Minutes of Proceedings and Evidence of the Special Committee on Regulatory Reform, Nov. 14, 1980, at 25:18.

¹⁶³ Ibid., 25:13–14.

¹⁶⁴ See Cohen, , “The Quebec Advisory Council on the Administration of Justice: Le conseil consultatif de justice,” (1973) 1 Dalhousie L.J. 350–51.Google Scholar

¹⁶⁵ Cohen was appointed by John Fraser, Minister of the Environment, to chair the board. See Report of the PCB Board of Review, Environmental Contaminants Act, Environment Canada/Health and Welfare Canada, 1980; supra 162, at 25:10.

¹⁶⁶ Interview, Apr. 5, 1988, at 40.

¹⁶⁷ Supra note 22; see “Automation and the Cohen Report,” Editorial, The (Montreal) Gazette, Friday, Mar. 15, 1968.

¹⁶⁸ Interview, Apr. 5, 1988, at 37–38. See, too, Stanley, Delia M., Louis Robi–chaud: A Decade of Power 93, 144 (Halifax: Nimbus Publishing 1984)Google Scholar, showing that at that time New Brunswick was unable to supply her own needs for qualified advisers.

¹⁶⁹ Interview, Apr. 11, 1988, at 30.

¹⁷⁰ As Cohen said in interview, Apr. 5, 1988, at 23: “by year two at McGill, I’d decided I’d be interested in political life and see.”

¹⁷¹ Ibid., 23–24.

¹⁷² Ibid., 24–25.

¹⁷³ Ibid., 25. See also Cohen, , “Canada in a Changing World: A Background Paper on Canadian Foreign Policy,” prepared for the National Meeting and Liberal Party Congress, Oct. 10–12, 1966 Google Scholar; Cohen, , “A Just Foreign Policy and the National Interest,” in Linden, Allen (ed.), Living in the Seventies 225–41 (Toronto: Peter Martin Associates, 1970).Google Scholar

¹⁷⁴ Interview, Apr. 5, 1988, at 26–28.

¹⁷⁵ Ibid., 33.

¹⁷⁶ Taylor, Bruce, “Montreal Days and Nights,” The Montreal Star, Feb. 8, 1969, 10 Google Scholar. In 1962–63, the McGill University Senate adopted a five–year rule for deans, except “in exceptional cases”; see interview, May 2, 1988, at 17.

¹⁷⁷ Interview, May a, 1988, at 18. See further Djwa, Sandra, The Politics of the Imagination: A Life of F. R. Scott (Toronto: McClelland and Stewart, 1987), reviewed by King Gordon in (1989) 12 Dalhousie L.J. 567; Jacob S. Ziegel in (1989) 39 U. of T. L.J. 426; K. S. McNaught in (1988) 33 McGill L.J. 422.Google Scholar

¹⁷⁸ It was a time of social change in the world of the universities. At McGill, the threat of dismissal of Stanley Gray, a political science lecturer, who had engaged in activities likely to be detrimental to the university, was the factor instigating McGilFs student uprisings, leading to a break–in and occupation of the Principal’s Office and a sit–in at the Administration Building. See Moore, Terrence and Kanovsky, Evelyn, “Gray Case Reexamined,” The Montreal Star, Feb. 29, 1969 Google Scholar; Cohen, , “Civil Disobedience, Dissent and Violence: A Canadian Perspective,” (1969) 10 William and Mary L. Rev. 631–36Google Scholar. For Gray’s point of view, see Dixon, Marlene, Things Which are Done in Secret (Montreal: Black Rose Books, 1976).Google Scholar

¹⁷⁹ Interview, May 2, 1988, at 17. The Cohen deanship ended in the summer of 1969. His last major academic responsibility was to serve as rapporteur of a joint Senate–Board of Governors Committee on redrafting the McGill University statutes.

¹⁸⁰ The Annual Report of the Faculty of Law, McGill University, 1969–70, at 57.

¹⁸¹ Interview, Apr. 5, 1988, at 34–38, 40; interview, Jan. 26, 1988, at 45–46.

¹⁸² The New Republic, Mar. 16, 1938, at 154–56.

¹⁸³ Cohen, , “Canada and the International Legal Order: An Inside Perspective,” in Macdonald, , Morris, , and Johnston, (eds.), Canadian Perspectives on International Law and Organization 4 (Toronto: University of Toronto Press, 1974).Google Scholar

¹⁸⁴ Cohen, , “Canada and the United States: A Legal Framework for the Future,” (1964) 10 McGill L.J. 238 Google Scholar; Cohen, , “Canada and the U.S.: New Approaches to Undeadly Quarrels,” (Mar.-Apr. 1985) International Perspectives 22 Google Scholar; Cohen, , “A Just Foreign Policy and the National Interest,” in Linden, A. M. (ed.), Living in the Seventies 230–31 (Toronto: Peter Martin Associates, 1970)Google Scholar; Cohen, , “Canada-United States Treaty Relations: Trends and Future Problems,” in Deener, (ed.), Canada-United States Treaty Relations 195 (Durham: Duke University Press, 1963).Google Scholar

¹⁸⁵ “Canada and United States: A Legal Framework for the Future,” supra note 184, at 238; see also Deener, supra note 184, at 195.

¹⁸⁶ In Canada–United States Treaty Relations (Deener, ed.), supra note 184, at 194; and in “Undeadly Quarrels,” supra note 184, at 22.

¹⁸⁷ Supra note 183, at 16–18.

¹⁸⁸ Deener, supra note 184, at 194.

¹⁸⁹ Ibid., 191.

¹⁹⁰ Supra note 183, at 18–19.

¹⁹¹ Supra note 185.

¹⁹² Interview, Jan. 26, 1988, at 49–50.

¹⁹³ Cohen, , “The Commission from the Inside,” in Spencer, Robert et al. (eds.), The International Joint Commission Seventy Years On 106–23 (Toronto: Centre for International Studies, 1981).Google Scholar

¹⁹⁴ Cohen, , “The Regime of Boundary Waters: The Canadian-United States Experience,” Recueil des Cours: Collected Courses of the Hague Academy of International Law, 1975, Vol. 3, 1977), 219–340.Google Scholar

¹⁹⁵ Ibid., 232.

¹⁹⁶ Supra note 193, at 109–10; Cohen, , “Canada and the United States: Dispute Settlement and the International Joint Commission: Can This Experience Be Applied to Law of the Sea Issues?,” (1976) 8 Case Western Reserve J. Int’l L. 73–74.Google Scholar

¹⁹⁷ Cohen, , “Undeadly Quarrels,” supra note 184, at 22 Google Scholar; see also the Standing Senate Committee on Foreign Affairs, Canada-United States Relations: Vol. I, The Institutional Framework for the Relationship 41 (Ottawa: Queen’s Printer, Dec. 1975).

¹⁹⁸ Supra note 193, at 112–13.

¹⁹⁹ The ICJ’s First Annual Report was released in July 1973 and covered activities during the 1972 calendar year. The Second Annual Report, issued under Cohen’s direction as co–chairman in Dec. 1975, covered 1974’s activities; International Joint Commission, Third Annual Report 1974, Great Lakes Water Quality, Dec. 1975, at 18. See also Fourth Annual Report, Great Lakes Water Quality, 1976; Fifth Annual Report, Great Lakes Water Quality, 1977; A Special Report on Various Provisions of the Great Lakes Water Quality Agreement, February 1977; New and Revised Great Lakes Water Quality Objectives, Vol. 1, May 1977; Sixth Annual Report, Great Lakes Water Quality, 1978; interview, Jan. 26, 1988, at 48–49.

²⁰⁰ See International Joint Commission, Transboundary Implications of the Garrison Diversion Unit, 1977.

²⁰¹ “In my five and a half years we didn’t have one dissenting opinion except in a minor legal issue affecting the building of a container”: interview, Jan. 26, 1988, at 47–48.

²⁰² See International Joint Commission, Water Quality of the Upper Great Lakes, May 1979.

²⁰³ Cohen, , “Canada and the United States: A Legal Framework for the Future,” supra note 184, at 239 Google Scholar; see also supra note 194.

²⁰⁴ Cohen, , “Canada and the United States: Possibilities for the Future,” (1973) 12 Columbia J. Int’l L. 212.Google Scholar

²⁰⁵ See the references in supra note 184, esp. “Undeadly Quarrels,” at 18–21.

²⁰⁶ Standing Senate Committee on Foreign Affairs, Canada-United States Relations: Volume 1, The Institutional Framework for the Relationship, 1975, at 44–47.

²⁰⁷ See International Joint Commission, Water Quality in the Saint John River Basin, 1977.

²⁰⁸ Letter from IJC to the Hon. Don Jamieson, Secretary of State for External Affairs, Aug. 16, 1977.

²⁰⁹ Interview, Jan. 36, 1988, at 49.

²¹⁰ Ibid., at 51–52.

²¹¹ Cohen, , “Foreword” to Carroll, John, Environment Diplomacy (Ann Abor: University of Michigan Press, 1983)Google Scholar; Cohen, , “International Law and the Global Environment,” Sept.-Oct. 1986, International Perspectives 3–5 Google Scholar; Cohen, , “Facing Up to Toxic Peril,” Globe and Mail, Nov. 12, 1980 Google Scholar; Cohen, and Reiskind, , “Toward a Responsible Use of Nuclear Power in Outer Space: The Canadian Initiative in the United Nations,” (1981) 6 Annals of Air and Space Law 461–74.Google Scholar

²¹² Cohen, , in “Foreword” to Environmental Diplomacy, supra note 211, at x–xi.Google ScholarPubMed

²¹³ Interview, Jan. 26, 1988, at 53.

²¹⁴ Ibid.

²¹⁵ See Cohen, and Bayefsky, Anne F., “The Canadian Charter of Rights and Freedoms and Public International Law,” (1983) 61 Can. Bar Rev. 265–314 Google Scholar; Cohen, , “Towards a Paradigm of Theory and Practice: The Canadian Charter of Rights and Freedoms: International Law Influences and Interactions,” (1986) 3 Can. Human Rights Yearbook 47–73.Google Scholar

²¹⁶ Cohen and Bayefsky, ibid., 310.

²¹⁷ Interview, Jan. 26, 1988, at 54. For origins and analysis of the dispute, see McRae, D.M. and Legault, L.H., “The Gulf of Maine Case,” (1984) 22 Canadian Yearbook of International Law 267–91.Google Scholar

²¹⁸ Interview, Jan. 26, 1988, at 55–56.

²¹⁹ Case concerning the Delimitation of the Maritime Boundary in the Gulf of Maine (Canada v. United States of America), [1984] ICJ Rep. 246.

²²⁰ Interview, Jan. 26, 1988, at 58–59. The text of the Special Agreement is reproduced in [1984] ICJ Rep. 252–55.

²²¹ Cohen, , “World Disarmament: The Moment of Diplomacy,” Saturday Night, Feb. 16, 1957 Google Scholar; Cohen, , “Two Nations at Nuclear Daggers Drawn,” The Citizen, Oct. 5, 1985.Google Scholar

²²² Interview, Jan. 26, 1987, at 59; see Cohen, Maxwell and Gouin, Margaret E. (eds.), Lawyers and the Nuclear Debate (Ottawa: University of Ottawa Press, 1988).Google Scholar

²²³ Interview, Jan. 26, 1988, at 60.

²²⁴ See, for example, Cohen, , “Premier Missed Chance to Take Political Courage from High Court,” Montreal Gazette, Feb. 4, 1989, at B–3; “Court System Put on Trial,” Winnipeg Free Press, May 10, 1989, at 7.Google Scholar

²²⁵ Any effort to consolidate a Canadian canon in public international law would have to include the following figures as initiating and contributory forces to the development of the subject in this country : Maximilien Bibaud, David A. Mills, Richard Chapman Weldon, Eugene Lafleur, H. A. Smith, Ν. A. M. MacKenzie, Percy Corbett, John Read, John Humphrey, Marcel Cadieux, Charles Bourne, and Maxwell Cohen. See Claydon, John E. and McRae, D.M., “International Legal Scholarship in Canada,” (1985) 23 Osgoode Hall L.J. 477 Google Scholar. For Cohen’s own assessments of “a number of watershed events marking the growth rings of international legal studies and practice in Canada,” see his review of Wiktor’s, G.L. Canadian Bibliography of International Law in International Perspectives, Sept.-Oct. 1985, at 37 Google Scholar; and his article in Canadian Perspectives, supra note 72.