Introduction and Acknowledgments by Oonagh Fitzgerald on behalf of the Department of Justice Canada

Introduction and Acknowledgments

oonagh e . fitzger ald

The purpose of the book is to enga ge the reader, whether student, teacher,

government policy-maker, parliamentarian, lawyer, judge, diplomat, or cit-

izen to think deeply about how law is evolving in our globali zing world and

to consider how each one of us might influence this evolution in positive

ways.

Domestic, international, and transnat ional laws are competing, con-

flicting, harmonizing, blending, and merging. This creates difficulties in

the courtroom while judges and law yers try to make sense of the confusing

array of domestic laws and international and bilateral agreements, resolu-

tions, and declarations. It causes problems for policy-makers and diplo-

mats trying to respond to domestic and intern ational policy pressures and

to project Canadian values onto the world stage. It raises concerns for cit-

izens and parliamentarians seeking to ensure democratic representation

in important decision-mak ing processes that may take place withi n or be-

yond our borders. It presents challenges for students and teachers because,

although there is much in domestic law and international law t hat is clear

and well documented, the intersect ion and interplay between these bodies

of law are still evolving and remain a reas of doubt and confusion.

The papers in this collect ion examine the relationships between inter-

national and domestic law from different angles and through a var iety of

lenses. Not all contributors agree with each ot her about the appropriate

treatment of international law by governments, parliamentar ians, or the

courts—t he views expressed are those of the individual authors and not of

the various institut ions with which they may be affiliated. We did all ag ree,

however, that there needed to be a clearer and broader understanding of

the impact of international law on domestic law and policy, in order to be

able to use law more effectively in international and domestic litigation and

dispute settlement, policy de velopment, and decision-making.

ix