The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.

Judicial Settlement of International Disputes:Jurisdiction Justiciability and Judicial Law-Making of the Contemporary International Court

Business & Money

McWhinney, Edward

International

Springer

Canada and the Constitution 1979-1982: Patriation and the Charter of Rights

Constitutional Law

University of Toronto Press

Constitutions are being created all over the world and many fail after trial-and-error experiences. Nothing is more important than a "good" constitution. This book provides many answers to questions that are not often addressed in the process of constitution making.

Constitution-Making

Univ of Toronto Pr

Quebec and the Constitution 1960-1978 (Heritage)

Legal History

The debate over ‘renewing’ Canadian federalism in response to the ‘Quiet Revolution’ in Quebec and the more recent economic demands of English-speaking provinces forms part of a great response to the challenging problem of rebuilding the federal system and the Canadian constitution in an attempt to meet new cultural, social, and economic demands. 
This volume follows on Professor McWhinney’s Quebec and the Constitution 1960-1978 but is more than a mere sequel. McWhinney draws on wide knowledge and extensive personal contacts to portray the players and the events in this last, complex chapter in the patriation drama. He shows how Quebec’s special claims have given way to a regional approach; how the prime minister sacrificed the possibility of a genuine Canadian-made constitution by trying the old ‘made-in-Britain’ amending route one last time; how the British government properly and firmly resisted the meddling in Canadian matters proposed by the Kershaw committee; how the Supreme court has taken an increasingly activist role in interpreting constitutional law; and how the people of Canada may yet take a major role in the coming second phase of constitution-making now that the BNA Act has finally come home. 
Extensive appendixes provide invaluable primary material: various versions of the constitutional resolution, including the complete final version approved by the Canadian and British parliaments; the Guy Fawkes Day accord between the prime minister and the nine premiers; and extracts from the Supreme Court’s decision on Senate reform, from the decisions on patriation by the courts of appeal of Manitoba, Newfoundland, and Quebec, and from the Supreme Court’s famous ruling on the ‘legality’ and ‘conventionality’ of unilateral patriation, which produced the final round of constitutional negotiations between Ottawa and the provinces.

Canada and the Constitution 1979-1982 (Heritage)

History

Americas

Conflict and Compromise International Law and World Order in a Revolutionary Age

Politics & Social Sciences

Politics & Government

Holmes & Meier Pub

Aerial Piracy and International Terrorism:Illegal Diversion of Aircraft and International Law (International Studies on Terrorism)

Foreign & International Law

In contrast to the views current only a few years ago, when federalism as a system of government was regarded, in academic circles in North America at least, as passe and even reactionary, there is today throughout the world, and especially in Western Europe, a tremendous interest in the federal idea. It is seen as a dynamic, even revolutionary idea, and it has been seized on as the best institutional device available for assisting and promoting the integration of the Western European countries--one which offers, moreover, the best opportunities for preserving liberal, pluralistic ideals in an era of strong centralized governments. The interest in federalism and in supranational integration makes essential a definitive study of the working practice of federal law and government in those societies where federalism has been long in operation. In these stimulating and thoughtful essays Professor McWhinney brings a fresh and up-to-date view to bear on the nature of federalism, the problems of such a system of government in the complications of modern times, and the role of the reviewing courts within that system. He has focused his discussion on those countries where the federal form does mirror genuine social divisions and conflicts--in particular the United States and Canada as classical models of the federal idea, and the Federal Republic of Germany as an area where the federal idea is being worked out freshly, with a special new court, and against a different social background. In thus treating of federalism on a comparative basis, Professor McWhinney has been concerned with the frequent shifts and accommodations of governmental policy and actions, with the actual processes of resolving conflicts and competitions of interests, and with the systematic, settled practices of self-restraint and mutual give-and-take, all of which are necessary for the functioning, and for the life itself, of a federal state. In this emphasis on basic social and political problems, which are reflected in the decision of the highest courts, rather than on a narrow and abstract interpretation of the distribution of powers between different jurisdictions, Professor McWhinney has brought into new relationship matters of perennial occurrence and importance within any federal system. His study will be of interest and value not only to students of federalism but to all those concerned with public affairs.

Comparative Federalism: States' Rights and National Power (Heritage)

Constitution-Making: Principles, Process, Practice (Heritage)

Specialties

Drawing on his experience as a two-term MP and former Parliamentary Secretary, Ted McWhinney addresses the need for modernization to meet the radically new demands of the plural, multicultural Canada of the 21st century and offers new ways out of our present constitutional straight-jacket. Among the key contemporary topics discussed are the atrophy of the House of Commons and the role of MPs; the development of the "presidential" Prime Minister without any constitutional checks and balances; the emergence of judicial legislation through a Supreme Court suddenly empowered by the 1982 Charter of Rights; the provincial demands for a new cooperative federalism; and the aboriginal peoples’ claims to an inherent right to self government. Proposals for reform are canvassed frankly. More importantly, practical ways out of our present constitutional straight-jacket—the result of the failure of the Meech Lake and Charlottetown accords—are put forward for debate.

Chretien and Canadian Federalism: Politics and the Constitution, 1993-2003

Ronsdale Pr

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Books by McWhinney, Edward