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Article contents
International Law at the University of British Columbia, 1945-2000
Published online by Cambridge University Press: 09 March 2016
Summary
Since the founding ofthe UBC law school in 1945 international law has had a prominent place. The author traces the teaching of international law from the days when it was a compulsory course to 2000 and discusses the personalities who have taught the subject and the issues that have affected the teaching of international law over those years.
- Type
- Articles
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 41 , 2004 , pp. 3 - 50
- 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 2004
References
1 See Pue, W. Wesley Law School: The Story of Legal Education in British Columbia (Vancouver: University of British Columbia, Faculty of Law, 1995) at 137,139–44Google Scholar; Waite, P. B. Lord of Point Grey: Larry MacKenzie of UBC (Vancouver: UBC Press, 1987) at 124, 125Google Scholar. These two books are essential reading for anyone interested in the subject matter of this article. The story of how the Faculty of Law came into being has been told by Dean Curtis, in his inimitable off-the-cuff style, in The Gryphon (UBC Law Magazine) (Fall 1995) at 6. See also the address by Prime Minister Louis St. Laurent at the formal opening ceremonies of the Faculty of Law building on September4,1952,^1 (September-October 1952) loTheAdvocate i7o;andthe useful article by Pue, W. Wesley “An Ancient, Honourable and Learned Profession” (1995) 53 The Advocate 345 Google Scholar. On the geographical and economic background, see Molyneux, Geoffrey British Columbia: An Illustrated History (Vancouver: Polestar Press, 1992)Google Scholar; Griffin, Kevin Vancouver’s Many Faces: Passport to the Cultures of a City (Vancouver and Toronto: Whitecap Books, 1993)Google Scholar; and Rekstan, Terry Illustrated History of British Columbia (Vancouver: Douglas and Mclntyre, 2001).Google Scholar
2 Interview with Dr.Curtis, George by Murray Fraser, Dean F. (British Columbia Legal History Collection Project, Aural History Program, Faculty of Law, University of Victoria, transcript, February 1980) at 61 [hereinafter Curtis Interview 1980].Google Scholar
3 Harris, Robin S. A History of Higher Education in Canada 1663–1960 (Toronto and BufFalo: University of Toronto Press, 1970) at 53.Google Scholar
4 Pue, supra note 1 at 185, 252.
5 The size of the classes increased dramatically after 1945. In 1946, class size was 150, but, by 1947, it was 250. Faculty-to-student ratio was as high as 100:1. Pue, supranote 1 at 169, 185–6.
6 University of British Columbia Calendar, 1946–1947 (Vancouver: University of British Columbia, 1946) at32i [hereinafter UBC Calendar, followed by the year and page number].
7 Curtis Interview 1980, supra note 2 at 87.
8 Pue, supra note 1 at 155.
9 Ibid, at 156.
10 Interview with Dean Curtis by Doris Buss (UBC Faculty of Law, May 1996) [hereinafter Curtis Interview 1996]. On Curtis, see Lumley, Elisabeth ed., Canadian Who’s Who 2002, vol. 37 (Toronto: University of Toronto Press, 2002) at 304 Google Scholar; Tupper, R. H. “Dean George Curtis, A Tribute by R.H. Tupper, Q.C.” (1971) 29 The Advocate 154 Google Scholar; Sheppard, AnthonyJ. F. “The Ceremonial Opening of the George F. Curtis Building, Faculty of Law, University of British Columbia” (December-January 1977) 35(1) The Advocate 31 Google Scholar; Thomas H. Shorthouse, compiler, A Scrapbook of Reminiscences by George F. Curtis, UBC Law Library (call no. KB 15 C 876 At 1998); Christina Parkin, George Curtis, and the UBC Law School, A Crucial Phase in the History of Canadian Legal Education, UBC Law Library (call no. KB 15 CB76 P37,1988). See also the unsigned note on Curtis’s ninetieth birthday party in The Gryphon (Winter 1997) at 9.
11 Pue explains that Curtis’s approach to the UBC curriculum was a reflection of a particular “cultural” approach to the study of law that drew from the traditions of legal education in the prairies and at Dalhousie Law School in Halifax, where the influence of Richard Chapman Weldon was pervasive. Weldon, who had made international law a compulsory course from the start of his school in 1883, emphasized the idea of “legal education for the public good.” Curtis combined this cultural tradition with a pragmatic recognition of the changing nature of Canadian society. “The objective was to fully take on board the post-New Deal welfare state. Courses and course content were added to the traditional ’cultural’ curriculum in order to meet this new social reality.” Pue, supra note 1 at 171.
12 Curtis Interview 1996, supra note 10. On the fascinating account of the statement of principles and joint action by the Canadian Bar Association and the American Bar Association on planning a post-world war court, see George Curtis, “Dalhousie and the World Court, 1945 — a Recollection” (Fall 1987) 3(1) Hearsay 18. This story ought to be more widely known. Curtis played a role. On J. McGregor Stewart, see Cahill, Barry The Thousandth Man: A Biography of James McGregor Stewart (Toronto: University of Toronto Press for the Osgood Society for Canadian Legal History, 2000).CrossRefGoogle Scholar
13 Curtis served as dean for twenty-six years, the longest deanship ever held in Canada. On the Canadian Yearbook of International Law, see Macdonald, R. St. J. “Charles B. Bourne: Scholar, Teacher and Editor: Innovator in the Development of the International Law of Water Resources” (1996) 24 Can. Y.B. Int’l L. 3 at 34 ff.Google Scholar; Curtis to Macdonald, R. St. J. (May 31, 1972); Curtis Interview 1996, supra note 10. For MacKenzie’s succinct and still-useful statement on the background, see his foreword in (1963) 1 Can. Y.B. Int’l L. 7.Google Scholar
14 UBC Calendar 1942–43, supra note 6 at 142. Hudson’s casebook, widely used in the United States, was a “natural” for UBC since MacKenzie knew Hudson at Harvard and elsewhere. Hudson’s first edition appeared in 1929, the third edition in 1951. For his evaluation of other collections in the field, see Hudson, Manley O. “Twelve Casebooks on International Law” (1938) 32 Am. J. Int’lL. 447 CrossRefGoogle Scholar and for a discussion of earlier casebooks and treatises on international law in the United States, see Akzin, Benjamin “On the Teaching of International Law” (1934) 20 Iowa L. Rev. 774 Google Scholar. See my brief comment on Canadian casebooks, in note 114.
15 Waite, supra note 1.
16 Interview with Diana M. Priestly by Balfour J. Halevy and Maryla Waters (British Columbia Legal History Collection Project, Aural History Program, Faculty of Law, University of Victoria, transcript, September-October 1988) at 15 [hereinafter Priestly Interview]. For information on Diana Priestly, see Margaret A. Banks, “The Canadian Association of Law Libraries: A History,” Canadian Association of Law Libraries Newsletter / Bulletin Special Issue 1988, reprinted in Fraser, Joan N. ed., Law Libraries in Canada: Essays in Honour of Diana M. Priestly (Toronto: Carswell, 1988) at 191.Google Scholar
17 Fleishman, Neil M. “The Fabulous Forties — Class of ’48” UBC Law Faculty Newsletter (Autumn 1991) at 10 Google Scholar. MacKenzie was twice decorated for bravery. There is now a substantial literature on Lauterpacht, including important essays by Sir Gerald Fitzmaurice, Stephen M. Schwebel, Martii Koskenniemi, Donald Greig, Michael Reisman, and Benedict Kingsbury.
18 Interview with Diana Priestly by Jim Maclntyre (University of British Columbia Law School, Vancouver, September 23, 1994) as quoted in Pue, supra note 1 at 202.
19 Curtis Interview 1996, supra note 10.
20 UBC Calendar 1948–49, supra note 6 at 403.
21 Ibid. On Goldie, see my article on Charles Bourne, supra note 13 at 16. See also the unsigned note, “New Judges: The Honourable Mr. Justice D.M.M. Goldie” (November 1991) 49(6) The Advocate 931.
22 On Bibaud, see Macdonald, R. St. J. “Maximilien Bibaud 1823–1887: The Pioneer Teacher of International Law in Canada” (1988) 11 Dalhousie L.J. 721 Google Scholar. On Weldon, see Stanley, Delia “Richard Chapman Weldon 1849–1925 Fact, Fiction and Enigma” (1989) 12 Dalhousie L.J. 539.Google Scholar
23 Waite, supra note 1; at a 218. ’There wasn’t a university president in Canada who could touch him in public relations” (at 178). According to Curtis, “Larry MacKenzie — He was enormously human… he was ’a bit of a giant, you know’,” in UBC Reports, February 6, 1986 at 3. According to Shrum, Gordon “MacKenzie was quite a gambler — it was one of the many things I liked about him,” in Clive Cocking, ed., Gordon Shrum, An Autobiography (Vancouver: UBC Press, 1986) at 64 Google Scholar. Gordon Shrum (at 145) thought: “The trouble with Canadians is that they don’t know what their potential is; nobody has ever given them encouragement to develop their potential.” That was not true of MacKenzie. For brief comments at the time of MacKenzie’s death, see The Ubyssey (January 28, 1986) at 1 and Bruce McLean, “Goodbye, Old Friend,” TheProvince (January 30, 1986) at 14.
24 N.A.M. MacKenzie is sometimes referred to as “the father of international law” in Canada. The accuracy of this remark would depend on an evaluation of MacKenzie’s work in the domain of international law specifically, in the context of the work of those in the field who preceded him, from Bibaud in the nineteenth century, to those who followed, especially Percy E. Corbett, John E. Read, and John P. Humphrey. If MacKenzie’s intellectual contributions were less impressive than those of Corbett, Read, and Humphrey, his talents as prosely-tizer, communicator, and administrator were superior. MacKenzie taught at universities in three provinces, struggled for better research and resources (see (1932) 10 Can. Bar Rev. 519), produced the first hard-back casebook on international law in Canada, supported the creation of a yearbook, anticipated the establishment of what became the Canadian Council on International Law, spoke publicly and nationally about the importance of the subject, and recognized the need for good professional relations with government officials in Ottawa. A study of his legal life brings into consideration the part to be played by individual members of the international law community in Canada. Hopefully, the new generation of international lawyers in Canada will re-examine MacKenzie’s professional career. For a list of his publications, see Wiktor, Christian L. Canadian Bibliography of International Law (Toronto: University of Toronto Press, 1984) at 723 Google Scholar. In the context of this article, we need to remember that MacKenzie’s principal work in international law took place in Toronto, not Vancouver. For his Toronto experience, see Waite, supra note 1; and Friedland, Martin L. Martin L. The University of Toronto: A History (Toronto: University of Toronto Press, 2002).CrossRefGoogle ScholarPubMed
25 Macdonald, supra note 13.
26 Interview with Professor Bourne, Charle by Fisher, Kathleen (Vancouver, December 12, 1992) at 3–4 [hereinafter Bourne Interview].Google Scholar
27 UBC Calendar 1965–66, supra note 6 at 7.
28 It is instructive to note other topics assigned by Bourne: “The disposition of claims to Formosa, Quemoy and Matsu in accordance with International Law” (1958–59); “An International Bill of Rights” (1958–59); “The Legality of Establishing Danger Zones on the High Seas for Testing Nuclear Devices” (1962–63); “The Influence of the Concept of “Natural Law“ on the Development of International Law” (1953–54); “The Economic and Social Council of the UN: Its Contribution to the Achievement of the Purposes of the UN,” “The Voting Provisions of the UN Charter,“ and “The Proposal for an International Criminal Court of Justice” (1955–56), “The Secretariat of the UN” (1961–62), “The Exercise of Police Powers in the International Community” ( 1961–61 ); “The Extra-Territorial Application of United States’ Laws, with Particular Reference to Their Application to Canada” (1959–60), all contained in Manuscripts of Charles B. Bourne, box 21, file 9, Special Collections and University Archives Division, University of British Columbia Library.
29 See the references in Waite, supra note 1 at 34–36. For an amusing episode involving MacKenzie and Koerner, see P.B. Waite, “A Tale of Three Presidents: UBC, Western, and Dalhousie 1945–1967” (forthcoming).
30 In third year, students could choose between either Legislation or Taxation and either Municipal Law or Shipping: UBC Calendar 1958–59, supra note 6 at 256–57
31 Report of the Curriculum Committee to the Faculty of Law, UBC, February 1964 at 3, on file at the UBC Faculty of Law [hereinafter Curriculum Report 1964].
32 UBCCalendar 1961–62, supra note 6 at 284. Charles Bourne to R. St. J. Macdonald Outlining Courses and Instructors in International Law from 1945–66 (undated).
33 UBC Calendar 1964–65 supra note 6 at 13, 19.
34 UBC Calendar 1967–68, supra note 6 at 7.
35 “Timetables and Teaching Assignments, 1968,” Faculty of Law Records, box 6, file 23, Special Collections and University Archives Division, University of British Columbia Library. Peter Burns served as dean of the law school from 198291, and he was a member of the United Nations Committee against Torture and Cruel, Inhuman or Degrading Treatment or Punishment 1987-2003. He continues to serve as president of the International Society for Criminal Law Reform and Criminal Justice Policy: UBC Calendar 1998–2000, supra note 6 at 10.
36 Curriculum Report 1964, supra note 31.
37 Ibid, at 23.
38 Ibid.
39 UBC Calendar 1965–66, supra note 6 at 14.
40 Ibid.
41 Bourne, C. B. and Jahnke, L. G. Cases and Materials on Public International Law (Vancouver: University of British Columbia, Faculty of Law, 1967, updated 1969 ,1972, 1974)Google Scholar
42 Lachs, Manfred The International Law of Outer Space (Leiden: Sifothoff, 1972)Google Scholar; and Macdonald, R. St. J. “Public International Law Problems Arising in Canadian Courts” (1955–56) 11 U. Toronto LJ. 224.CrossRefGoogle Scholar
43 “1968 Survey of Second-Year Students,” Faculty of Law Records, box 6, file 12, Special Collections and University Archives Division, University of British Columbia Library.
44 Ibid.
45 Bourne Interview, supra note 26 at 2.
46 UBC Calendar 1965–66, supra note 6 at 18.
47 Students were asked to read Greenfield, Meg “A Story of Forty-Eight Hours,” The Reporter,June 15, 1967 Google Scholar; Bowett, D. W United Nations Forces: A Legal Study of United Nations Practice (London: Stevens, 1964)Google Scholar; and Dag Hammarskjold, Aide Memoire (1956).
48 For the seminar on the Eichmann trial (which Bourne listed as abduction, jurisdiction, and retroactivity), students were asked to read Papadatos, Pierre Achille The Eichmann Trial (London: Stevens, 1964)Google Scholar at chapter 2; Frisbie v. Colins, (1951) 342 U.S. 519; Ex. P. Elliot, [1949] 1 All E.R. 373; and the Lotus case. On intervention in Vietnam, he assigned the Agreement Relating to the Situation in Viet Nam, reprinted in “Vietnam and International Law” (1966) 60 Am. J. Int’l L. 137–50, 629–49; “The Legality of United States Participation in the Defense of Viet Nam,” a legal memorandum prepared by Leonard C. Meeker, Legal Adviser of the Department of State, submitted to the Senate Committee on Foreign Relations on March 8, 1966, reprinted in (1966) 60 Am. J. Int’l L. 565–885. Other topics assigned by Bourne included the position of English courts with respect to the Act of State Doctrine and the violation of international law; the recognition of states and governments: international law and Canadian practice (post-1945); doctrine of rebus sic stantibus; private broadcasting from international waters, state succession and the problem of treaty applicability in international law, and the extra-territorial effects of the United States maritime commission.
49 UBC Calendar 1965–66, supra note 6 at 18.
50 “Course Options and Seminars,” Faculty of Law Records, box 6, file 8, Special Collections and University Archives Division, University of British Columbia Library.
51 Bourne Interview, supra note 26 at 2.
52 UBC Calendar 1962–63, supra note 6 at 468.
53 UBC Calendar 1982–83, supra note 6 at 40.
54 McRae obtained an LL.B. and LL.M. (first-class honours) from the University of Otago and a Diploma in International Law from Cambridge. He attended Columbia University in 1969-70, taught at University of Western Ontario in 1970–72 and served as associate dean of law at UBC in 1980–82.
55 Bourne was increasingly away from the Faculty of Law during the 1970s. In 1970–71, he was the academic-in-residence at External Affairs. In 1975, he began working part-time for the incoming president of UBC, Douglas Kenny, eventually taking on a full-time position as special advisor to the president. However, he continued to teach the basic course on international law throughout his years at UBC. See my paper on Bourne, supra note 13 at 26–29.
56 McClean, A. J. “The Faculty of Law, University of British Columbia, 1970–1981” (1984) 8 Dalhousie L.J. 185.Google Scholar
57 MacDougall, D. J. “Summary of the Curriculum Committee Survey 1968–1969” (Curriculum Committee, February 1969).Google Scholar
58 Report of the Curriculum Committee to the Faculty of Law, UBC, November 1969, on file at the UBC Faculty of Law [hereinafter Curriculum Report 1969].
59 Ibid, and UBC Calendar 1970–71, supra note 6 at 11.
60 Curriculum Report 1969, supra note 58.
61 Ibid. at 30.
62 Ibid.
63 Report of the Senate Curriculum Committee, February 1970, Faculty of Law Records, box 6, file 8 at 4, Special Collections and University Archives Division, University of British Columbia Library [hereinafter Senate Report 1970].
64 Curriculum Report 1969, supra note 58 at41.
65 UBC Calendar 1970–71, supra note 6 at 13; and Senate Report 1970, supra note 63.
66 UBC Calendar 1970–71, supra note 6 at 16.
67 “Teaching Assignments 1970–71,” Faculty of Law Records, box 6, file 8, Special Collections and University Archives Division, University of British Columbia Library.
68 “Teaching Assignments and Timetable 1971–72,” Faculty of Law Records, box 6, file 10, Special Collections and University Archives Division, University of British Columbia Library.
69 Joost Blom obtained a B.A. (1967) and an LL.B. (ig7o) from UBC, a B.C.L. from Oxford in 1972 and an LL.M. from Harvard in 1996. Hejoined the faculty in 1972, was called to the Bar of British Columbia in 1978, appointed Queen’s Counsel in 1985, and made dean of the faculty in 1997. UBC Calendar 1998–2000, supra note 6 at 9.
70 “Teaching Assignments 1974–75,” Faculty of Law Records, box 10, file 23, Special Collections and University Archives Division, University of British Columbia Library.
71 Correspondence between Mark Zacher and Charles Bourne, Manuscripts of Charles B. Bourne, box 1, file 3, Special Collections and University Archives Division, University of British Columbia Library. This course was structured to accommodate a series of guest lecturers who lectured on: trends in fish populations, economic dimensions of fisheries problems, economic dimensions of marine pollution, present knowledge of seabed minerals and the nature of ex-ploitative technologies, the effects of marine pollutants, national policies towards seabed mining, the international regulation of fisheries, and the development of Canadian policy.
72 “Teaching Assignments 1975/76,” Faculty of Law Records, box 10, file 22, Special Collections and University Archives Division, University of British Columbia Library.
73 Exchange of Correspondence between Dean Lysyk and Charles Bourne, Faculty of Law Records, box 10, file 19, Special Collections and University Archives Division, University of British Columbia Library.
74 Charles Bourne to R. St. J. Macdonald (January 24, 1974). International Law Problems was not offered in 1970–71 or 1971–72. International Business Transactions was not offered in 1972–73.
75 “Clinical and Seminar Descriptions — 1978–79,“ Faculty of Law Records, box 10, file 19, Special Collections and University Archives Division, University of British Columbia Library.
76 Robert Paterson received his legal education in New Zealand and at Stanford. He chaired the BC Task Force on International Commercial Arbitration, anchored the collection Canadian Regulation of International Trade and Investment (Toronto: Carswell, 1986), which is now entitled International Trade and Investment Law in Canada (Toronto: Carswell, 2nd. ed. 1994), and co-edited a text for United Nations Commission on International Trade Law.
77 “Clinical and Seminar Descriptions — 1978–79,” supra note 75. The course was first offered in 1977–78.
78 “Curriculum Proposals: Second and Third Years: Rationale and Overview,” December 30, 198o, Faculty of Law Records, box 13, file 3(2), Special Collections and University Archives Division, University of British Columbia Library. McRae’s materials included the Hague Codification Conferences, the ILC Draft Articles on the Law of the Sea, the 1958 Conventions on the High Seas and Continental Shelf, international cases and arbitral decisions, and domestic legisla-tion and bilateral agreements. Students were required to read excerpts from Jessup, The Law of’TerritorialWaters and Maritime Jurisdiction (1927); H.A. Smith, The Law and Custom of the Sea ( 1959), Myres McDougal and William Burke, The Public Order of the Oceans (1962); C.J. Colombos, International Law of the Sea, 6th ed. rev. (1967); O’Connell, International Law, 2 vols (2nd ed. 1970); B.Johnson and M.W. Zacher, Canadian Foreign Policy and the Law of the Sea (1977). See McRae, D. M. Law of the Sea: Course Outline and Reading List (Vancouver: University of British Columbia, 1979–80)Google Scholar. McRae’s additional readings included D.W. Bowett, The Law of the Sea (1967); E.D. Brown, The Legal Regime of Hydrospace (1971); J. Dupuy, The Law of the Sea (1974); Waldock, “The Anglo-Norwegian Fisheries Case”(1951) 28Br.YB. Int’lL. 114; Donat Pharand, The Law of the Sea of the Arctic; Shigeru Oda, “The Concept of Continuous Zone” ( 1962) 111.C.L.Q. 131.
79 McRae compiled his own materials for International Organization. The course outline (1979) directed students to the United Nations Charter, the Treaty Establishing the European Community, case law, and other treaties. Students were required to read D.W. Bowett, Law of International Institutions (3rd ed., 1975). Listed references included H.F. van Panhuys, Brinkhorst and Maas, International Organization and Integration (1968); Sweet and Maxwells, European Community Treaties (1972); Goodrich, Hambro, and Simons, The Charter of the United Nations (3rd ed. rev. 1969); Lasok and Bridge, An Introduction to the Law and Institutions of the European Communities (1973); Schermers, International Institutional Law 3 vols., (1977). See McRae, D. M. Cases and Materiah on International Organization (Vancouver: UBC, 1979).Google Scholar
80 “Trends in Enrolment from 1976–1980,” Faculty of Law Records, box 13, file 4, Special Collections and University Archives Division, University of British Columbia Library; and Charles Bourne to R. St. J. Macdonald (November 28, 1979)
81 D.M. McRae to R. St. J. Macdonald (August 13,1984); and Tom J. Shorthouse to R. St. J. Macdonald (July 27, 1984).
82 Copithorne joined the faculty after thirty years distinguished service as a foreign service officer in the Department of External Affairs. See (Summer 1987) 5 UBC Law Faculty Newsletter at 2; Lumley, Elizabeth ed., Canadian Who’s Who, vol. 38 (Toronto: University of Toronto Press, 2003) at 283 Google Scholar. From 1995 to 2002, he served as UN special representative on the human rights situation in Iran.
83 Adelman, Herbert E. to Macdonald, R. St. J. (August 28, 1984). The combined course focused on international trade but contained a segment on international commercial arbitration.Google Scholar
84 Report of the Curriculum Committee to the Faculty of Law, UBC, 1984–85, on file with the UBC Faculty of Law; UBC Calendar 1985–86, supra note 6 at 34. At the same time, the Curriculum Committee deleted International Taxation, which had not been offered for the previous five years.
85 In 1969, the Curriculum Committee recommended that “it may be necessary in the near future for this law school to consider introducing an Asian Law programme.” Senate Report 1970, supra note 63 at 3. In his 1978–79 report to the president of UBC, Dean Lysyk noted that the faculty was considering adding Japanese Law to the curriculum: “The growing economic importance of the relationship between Canada and Japan has created a need for understanding in Canada of Japanese law and institutions. UBC is the logical place for a programme in Japanese law having regard to British Columbia’s geographical location on the Pacific Rim and to the fact that Asian Studies is already an area of concentration and distinction at the University of British Columbia.” Faculty of Law Records, box 11, file 6, Special Collections and University Archives Division, University of British Columbia Library.
86 UBC Calendar 1986–87, supra note 6 at 16–17; ani (summer 1987) 5 UBC Law Faculty Newsletter 1 at 5. The newsletter noted that the expanded Asian Legal Studies Programme was meant to interlock with the Faculty of Law’s emphasis on international law, international trade law, and the resolution of international commercial disputes.
87 Dean Burns, “Message” (summer 1986) 4 UBC Law Faculty Newsletter 1 at 2.
88 See UBC Calendar 1985–86, supra note 6 at 16–17 and UBC Calendar 1988–89, supra note 6 at 17. Malcolm Smith, LL.B., LL.M. (Melbourne), LL.M., S.J.D. (Harvard) came to UBC from the Faculty of Law at Morash University as an Ohira Programme visiting professor. Stephan Salzberg received an M.A. from UBC and aJ.D. from Washington University.
89 Blom, Joost “The Faculty of Law, University of British Columbia 1981–1990” (1991) 14 Dalhousie L. J. 195 Google Scholar; Malcolm Smith, “Japanese Law: Reading Guide and Class Schedule,” mimeograph (1983). The basic materials were A. Morishma, Cases and Materials (mimeographed), and H. Tanaka, The Japanese Legal System (1976).
90 Charles B. Bourne to R. St. J. Macdonald (November 28, 1979).
91 For example, in 1975–76, the Law Foundation of British Columbia provided $1000 for expenses involved with the Jessup moot competition and $408 for attendance at the Canadian Council on International Law. In 1977, the Law Foundation of British Columbia gave the fledging student international law association $278.25, see “Dean’s Reports,” Faculty of Law Records, box 7, file 26, Special Collections and University Archives Division, University of British Columbia Library.
92 For example, in 1977, the Law Foundation of British Columbia doubled its grant for graduate scholarships from $15,000 to $30,000 (ibid.) The Law Foundation continued to play an instrumental role in financing UBC graduate students.
93 UBC Calendar 1998–2000, supra note 6 at 8, 58.
94 First-year courses are mandatory. In second and third year, students are free to design their own curriculum but must take evidence, constitutional law (or Canadian Charter of Rights and Freedoms and Canadian Federalism), Moot Court, and they must write an independent research paper that is generally done as part of a seminar requirement. Second- and third-year students select their curriculum from approximately 100 seminars and courses offered in a given year. Seminars are offered as smaller classes, usually less than twenty-five students and are generally graded on the basis of a paper. UBCCalendar 1998, supra note 6 at 24.
95 Course Descriptions, Fall 1999/Spring 2000 (Vancouver: Faculty of Law, University of British Columbia, 7 june 1999) [hereinafter 1999 Course Descriptions].
96 A notable exception is Ruth Buchanan’s seminar “The Regulatory Impact of Globalization,” infra note 12a.
97 For biographical information, see Canadian Association of Law Teachers, Directory of Law Teachers, 1993–1994 (Scarborough, ON: Carswell, 1993–94) at 149
98 On Ivan Head, see foreword, preface, and first chapter of Okafor, Obiora Chinedu and Aginam, Obijiofor Humanizing Our Global Order: Essays in Honour of Ivan Head (Toronto: University of Toronto Press, 2003) at vii-x2.Google Scholar For information on the Liu Centre, see UBC website at //www.liucentre.ubc.ca. During the Trudeau era, no major foreign or defence policy decision or initiative was taken, conference attended, or speech delivered by the prime minister without Head’s involvement. See Head, Ivan L. and Trudeau, Pierre Elliott The Canadian Way: Shaping Canada’s Foreign Policy 1968–1984 (Toronto: McClelland and Stewart, 1995) at 8.Google Scholar
99 A graduate of Duke University and UBC Law School, Karin Mickelson holds an LL.M. from Columbia University in New York. UBC Calendar 1998, supra note 6 at 15.
100 Currently Professor of Law and Metcalf Chair in Environmental Law at the University of Toronto, Brunnée was the editor-in-chief of the Yearbook of International Environmental Law from 1995 to 2000 and co-chair of the American Society of International Law Interest Group on International Environmental Law. For further information, see the University of British Columbia, Faculty of Law website at ˂http//www.law.ubc.ca/faculty/brunnee/index.htmx˃
101 Ruth Buchanan received an B.A. from Princeton, an LL.B. from the University of Victoria, and an LL.M. from Wisconsin. She is completing a Ph.D. at the University of Wisconsin on globalization, economic restructuring, and women’s work. UBC Calendar 1998, supra note 6 at 10.
102 Maurice Copithorne has been a pillar of strength in the Faculty of Law. He taught a section of the basic course for twelve years and continues to conduct an upper-year seminar on international law and politics.
103 UBC Calendar 1987–88, supra note 6 at 16–17; and UBC Calendar 1991–92, supra note 6 at 17.
104 UBC Calendar 1998, supra note 6 at 52.
105 The centre’s website is at ˂http://www.icclr.law.ubc.ca/html˃.
106 See Gault’s, Ian Townsend “Testing the Waters: Making Progress in the South China Sea” (Spring 1994) 17 Harvard Int’l Rev. 16 Google Scholar; Stormont, William G. “Managing Potential Conflicts in the South China Sea” (1994) 18(4) Marine Policy 353.CrossRefGoogle Scholar
107 McClean, supra note 56 at 197; and The Master of Law (LL.M.) Programme (Vancouver: Faculty of Law, University of British Columbia, January 1984).
108 Graduate Committee, “Memorandum Re: Five Year Plan for the Graduate Programme in Law,” UBC Faculty of Law, November 20, 1989.
109 Ph.D. students are required to complete a two-part Ph.D. seminar, comprehensive examination, doctoral thesis, and an oral examination. LL.M. students must take the graduate seminar, which is a full-year course designed to illustrate different perspectives from which law can be approached. Students must also complete a thesis and twelve credits of course work. UBC Calendar 1998, supra note 6.
110 For example, twenty-one students were admitted in 1993-94, twenty-five in 1995-96, and twenty-one in 1999-2000. No new money was involved in the expansion of the law school’s graduate program. The expansion, which was part of the university’s over-all emphasis on the importance of graduate work, was achieved by reducing the intake of the first-year class by 25 per cent.
111 All international law courses and seminars at the Faculty of Law are optional. The first-year perspectives course is mandatory and includes a segment on international law.
112 Malanczuk, Peter Akehurst’s Modern Introduction to International Law, 7th revised edition (London and New York: Routledge, 1997).Google Scholar
113 Kindred, Hugh et al., International Law: Chiefly as Interpreted and Applied in Canada (Toronto: Emond Montgomery, 2000).Google Scholar
114 1999 Course Descriptions, supra note 95. It is regrettable that there are so few discussions of the teaching materials on international law used in Canada. We need a good narrative account and constructive analysis of the international law casebooks in Canada from the time of Henry F. Munro ( 1921 ) to MacKenzie and Laing, Bourne andjahnke, Castel, Williams and de Mestral, Kindred, and the collections put together at Université de Montreal by Daniel Turp in 1986 and at the University of Toronto in the 1980s by W.C. Graham, who is now Canada’s foreign minister. Why are there so few reviews of Kindred? And why, oh why, has there been no continuation of the discussion initiated by Claydon and McRae as long ago as 1985? See Claydon, John E. and McRae, D. M. “International Legal Scholarship in Canada” (1986) 23 Osgoode Hall L.J. 477.Google Scholar
115 For example, Adjunct Professor Marcia Kran, taught a seminar on the international law of human rights.
116 1999 Course Descriptions, supra note 95. Rosenthal, Joel H. ed., Ethics and International Affairs: A Reader (Washington, DC: Georgetown University Press, 1995)Google Scholar. The reading list for this seminar, open to non law students and including masters and doctoral students from law and other faculties, is impressive.
117 Ibid.
118 Weston, Burns H. Internatimal Law and World Order (Livingston-on-Hudson, NY: Transnational Publishers, 1994).Google Scholar
119 Bassiouni, Cherif ed., International Criminal Law, 3 vols. (Dobbs Ferry, NY: Transnational Publishers, 1986)Google Scholar; Mueller, Gerhard O. W. and Wise, Edward M. eds., International Criminal Law (South Hackensack, NJ: Fred B. Rothman and Company, 1965)Google Scholar; and Williams, Sharon A. and Castel, Jean Gabriel Canadian Criminal Law: International and Transnational Aspects (Toronto: Butterworths, 1981).Google Scholar
120 This course was taught as a series of introductory lectures followed by a discussion of student research. Professor Alvarez compiled his own materials.
121 Students were graded on the results of a major term paper. See Paterson, Robert K. “Cases and Materials: Cultural Property and Law 330” (Vancouver: UBC Faculty of Law, 1994).Google Scholar
122 Students were asked to consider the changing role of law (domestic and international) in the global economy. A web-based format was used to facilitate discussions and collaboration between the two classrooms. The website had links to the websites of a number of international economic institutions, including the World Trade Organization, International Labour Organization, and the World Bank, with which students became familiar. The course was organized through a series of modules on the website that combined a range of theoretical approaches with case studies in key areas where global flows are at their most turbulent. The topics included international economic institutions, trade and environment conflicts, labour regulation, North/South conflicts in the area of intellectual property, immigration, and the role of non-governmental organizations in global governance. For background, see Trubek, David M., Dezalay, Yves, Buchanan, Ruth, Davis, John R., “Global Restructuring and the Law: Studies of the Internationalization of Legal Fields and the Creation of Transnational Arenas” (1994) 44 Case Western Reserve L. Rev. 407–498.Google Scholar
123 This three-credit course was team-taught by Potter (People’s Republic of China), Salzberg (Japan), and Townsend Gault (Southeast Asia — Indonesia, Malaysia, and Vietnam). Visiting Asian scholars taught segments of the course, depending on their availability. The course emphasized comparative law theory as well as aspects of the legal systems of each country and a few of their common legal problems. Most of the assigned material comprised articles and commentaries published in North America, supplemented by domestic laws in translation and articles and commentaries by Asian scholars. Students were assessed by way of a 100 per cent final examination. Introduction to Asian Legal Systems: Topics in Comparative Law (Vancouver: Faculty of Law, UBC, 1993).
124 This three-credit seminar examined copyright and related rights in an international and comparative law context. The course was divided into three parts: (1) national legislation; (2) international conventions and treaties, including, for example, the Berne Convention for the Protection of Literary and Artistic Works and the World Trade Organization’s Trade-Related Agreement on Intellectual Property Rights; and (3) special topics, such as European Community directives on competition law.
125 On “new stream” scholarship, see Purvis, Nigel “Critical Legal Studies in Public International Law” (1991) 32 Harv. Int. L.J. 81 Google Scholar; Kennedy, David “A New Stream of International Law Scholarship” (1988) 7 Wis. Int’l L.J. 1 Google Scholar. On the “crits,” see, for example, Koskenniemi, Martti From Apology to Utopia: The Structure of International Legal Argument (Helsinki: Finnish Lawyers’ Publishing Company, 1989)Google Scholar, and Cass, Deborah Z. “Navigating the Newstream: Recent Critical Scholarship in International Law” (1996) 65 Nordic Journal of International Law 341 CrossRefGoogle Scholar. On the feminists, see, for example, Charlesworth, Hilary Chinkin, Christine and Wright, Shelley “Feminist Approaches to International Law” (1995) 85 Am. J. Int’l .L. 613 CrossRefGoogle Scholar; and on the Third World, see, for example, Mickelson, Karin “Rhetoric and Rage: Third World Voices in International Legal Discourse” (1998) 16 Wise. Int’l L.J. 353.Google Scholar
126 For discussion of the changing nature of international law methodology, see Ratner, Steven R and Slaughter, Anne-Marie “Symposium on Method in International Law” (1999) 93 Am. J. Int’l L. 291. See also draft of I.L.A. Committee on the Teaching of International Law, Hilary Charlesworth, chair, John King Gamble, rapporteur, March 24, 2000, with bibliography of articles in English published since ig8o, and report of September 7, lggg. Biennal Conference of the ILA (New Delhi, April 2–7, 2002 (with syllabi)).CrossRefGoogle Scholar
127 For recent discussion of faculty thinking, see Blom, Dean Joost “Looking Ahead in Canadian Law School Education” (1999) 33 UBC Law Review 7.Google Scholar
128 Annuaire de l’Institut de droit international, vol. 67 (Session de Strasbourg, 1997) at 123–219; Hans Corell, “An Appeal to Deans of Law Schools Worldwide,” August 2000, available at ˂www.un.org/law/counsel/info.htm˃ at 2. See also the vigorous acceptance speech by Shabtai Rosenne when he received the Hague Prize for International Law, June 18, 2004 (Leiden: Martinus Nijhoff, 2004), 6–20. International law “must become a compulsory subject for membership in every national Bar… My suggestion is motivated exclusively by… practical considerations, relating, above all, to… what the average man or woman is entitled to expect when approaching a duly qualified attorney for legal advice“ (18–19).
129 Letter from Sir Robert Jennings to R. St. J. Macdonald (July 15,1993) at 1, 2.In my own view, the reasons for making public international law a required subject in the law school curriculum are similar to the reasons for making constitu-tional law a mandatory law school subject: maintenance and development of the democratic international constitutional system requires, first, understanding and, second, support from lawyers in particular. Legal supranationalism is an inextricably linked complementary feature of national constitutional traditions.