Foreword to the first edition

• Author: Gib van Ert
• Pages: 17-18

xvii

Foreword to the f‌irst

edition

A review of Canadian case law shows that C anadian courts have, in

the past, had little occa sion to consider points of international law in

their judgments. Perhaps for this reason, impor tant concepts that are

familia r to internationa l lawyers — the dif‌fe rences bet ween custom-

ary laws and conventions, the signif‌icance of jus cogens, and the role

of evolv ing norms of international law (or “soft law”), to na me a few

examples — have not always received a sophi sticated treatment in our

jurisprudence. Yet an understanding of these matters is essential in de-

termining how international nor ms are incorporated i nto, or rejected

by, our legal system.

It is t he thesis of thi s book that a lack of basic i nternational legal

understanding on the part of lawyers and judges is no longer per mis-

sible in the integrated world in which we live, and that we must educate

ourselves better if we are to manage that integration process i n the

interests of Ca nadian society. It is a thesis to wh ich I entirely and en-

thusiastica lly subscribe.

It is Ca nada’s good fort une to enjoy a st rong reputation on the

international scene. As the only G country that was never a colonial

power, the world perceives Canada to be an honest broker. As a leading

member of both t he Commonwealth and la Francophonie, Canada is

looked to by smaller powers as a trusted intermedia ry. As a peacekeep-

er, Canada is relied upon by countries in need. As a democracy with a

proven commitment to human r ights, Canada is regarded a s a model

for developing legal systems.