National Jurisdiction and International Responsibility: New Canadian Approaches to International Law

Abstract

It is the purpose of this paper to describe Canadian approaches toward international law, as they have evolved in recent years, particularly in relation to activities in outer space and “ocean space” made possible by new technological developments. It is intended to demonstrate both the similarities and the dissimilarities in these new approaches as compared with those followed by Canada in the past. Not within the scope of this study are questions about the validity of a particular point of view expressed by Canada, the extent to which new positions are well founded in the traditional concepts of international law, whether precedents for particular concepts are or are not correctly interpreted by Canada spokesmen and negotiators. What we are setting out to do is to observe and describe new Canadian attitudes toward international law and to evaluate their significance. History has not yet allowed us the privilege of a perspective in time. We plead this defense for the errors we may make in both interpretation and evaluation.