Canada’s Legacy at the International Court of Justice

Abstract

Canada has had a meaningful impact on international law through its participation in the development of the case law of the International Court of Justice (ICJ). Several arbitral awards involving Canada, even before the establishment of the ICJ’s predecessor, the Permanent Court of International Justice, were instrumental in shaping subsequent jurisprudence in different areas of international law. Canada’s participation in proceedings before the Court, as a party and intervener in contentious cases and as a participant in advisory proceedings, has been rich in legal arguments on fundamental issues, such as the functioning of the United Nations, the ICJ’s jurisdiction, the law of the sea, environmental law, and the law of state responsibility. Perhaps even more significantly, the activities and statements made by Canada’s courts, executive, and legislature are frequently relied-upon examples of state practice in pleadings before the Court. Finally, although Canada has had only one elected judge on the bench of the ICJ, Canadian jurists have frequently served as judges ad hoc and as counsel and advocates for states.