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Cover -- TABLE OF CONTENTS -- ACKNOWLEDGMENTS -- INTRODUCTION -- PART I: THE INTERNATIONAL LEGAL "SYSTEM" -- PART II: STATE JURISDICTION -- PART III: CONSTRAINTS ON STATE JURISDICTION -- PART IV: RECOURSE FOR VIOLATIONS OF INTERNATIONAL LAW -- TABLE OF CASES -- TABLE OF INTERNATIONAL INSTRUMENTS -- ABOUT THE AUTHORS -- CHAPTER 1: THE CONCEPT OF INTERNATIONAL LAW IN CONTEXT -- CHAPTER 2: SOURCES OF INTERNATIONAL LAW -- CHAPTER 3: INTERNATIONAL LEGAL PERSONS -- CHAPTER 4: STATE JURISDICTION OVER LAND TERRITORY -- CHAPTER 5: STATE JURISDICTION OVER WATER

SummaryThis comment reviews the Supreme Court of Canada's May 2008 decision inCanada (Justice) v. Khadr, in which the Court announced an exception to its June 2007 holding inR. v. Hape. Hapeheld, on international legal grounds, that application of theCanadian Charter of Rights and Freedomsto the acts of Canadian officials abroad is "impossible."Khadrheld that this was not so if the acts of Canadian officials abroad amount to participation in a process that violates Canada's international legal obligations. The author welcomes this partial retrenchment of theHapeprinciple, which, it is argued, is ill-founded in international law. However, the author is also critical of the Court's failure to engage directly withHape's many flaws or to justify in any way the seemingly arbitrary exception to it propounded inKhadr. These failures, it is argued, serve only to deepen the legal and logical incoherencies that currently characterize, in the name of respect for Canada's international legal obligations, the rules governing the extraterritorial applicability of theCharter.

SummaryThe majority Supreme Court of Canada judgment inHape— a case concerning extraterritorial applicability of theCanadian Charter of Rights and Freedoms— is premised on three aspects of the relationship between international and Canadian law: (1) the interaction of customary international law and Canadian common law; (2) the role of Canada's international legal obligations inCharterinterpretation; and (3) the potential role of customary international law as a source of unwritten principles of the Canadian Constitution. This article reviews pre-existing law in all three of these areas and analyzes a number of innovations apparently introduced thereto, with little or no explanation, by the majority inHape. It concludes thatHapeseriously exacerbates an already uncertain relationship between international and Canadian law, with fundamental consequences for the rule of law in Canada.

SummaryIn this article, the author focuses in particular on Macdonald's writings on the relationship between the International Court of Justice and the UN Security Council. After considering the continuing uncertainties in that relationship, the author argues that the emerging practice of "evolving reinterpretation" of Security Council Chapter VII resolutions suggests yet another important role for the court — that of guardian of Security Council authority through authoritative, judicial interpretation of purported Security Council authorizations to use force.

"International Law: Doctrine, Practice, and Theory is an innovative and unique volume which crosses the traditional boundaries between textbook, casebook, and scholarly monograph. The book is designed primarily as an introduction to the system and substance of international law. It is also a convenient and comprehensive reference work on the most important aspects of this burgeoning field. The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials -- including treaties, UN documents, and cases -- take readers to the very sources of the rules and principles that comprise modern international law. Extensive and critical commentary on, and analysis of, these primary materials guide the reader to an understanding of the rules, their strengths and weaknesses, and their place in the international legal system. Descriptions of contemporary real-world situations provide concrete context to the discussion. Remarkable for both its depth and breadth, International Law: Doctrine, Practice, and Theory sets the standard for the study of international law in Canada. It also constitutes an invaluable reference collection for practitioners, judges, and scholars working in this ever-increasingly important area of modern law."--