“How Can We Better Promote Canadians and the Canadian Agenda in International Institutions?”

Q: Why does nationality matter? Why does it matter from the perspective of the state and why does it matter from the perspective of the parties to the dispute? Former justice of the Supreme Court of Canada Bertha Wilson wrote an article in 1990 entitled “Will Women Judges Really Make a Difference?” 1 in which she examined the perspective one’s gender gives to framing and deciding legal issues. I think one’s nationality plays a similar role. There is a collective experience with, and perspective on, international law (fostered by conferences like the CCIL’s annual conference and the mere existence of the CYIL ) that is distinctly ours. To the state, the legitimacy of a decision in a dispute to which the state is a party is probably enhanced by having a national on the court (with the International Court of Justice [ICJ], this perception can be accomplished with the appointment of ad hoc judges where the disputing state does not have a judge of its nationality on the bench). However, this would not account for the contribution that Canadians can make to international courts and tribunals involving other states on international law issues generally. For as you all know, international law is not just made by treaty making but also through judicial interpretations of those treaties and state practice.