International Law
Submitted by Section Co-Chair, Jennifer Button
Summary of Meetings
Number of Meetings Held: 6
September 23, 2013
Guest Speaker: Tina Cicchetti, Fasken Martineau LLP
Meeting Title/Topic: Arbitration of Natural Resources
Synopsis: This was an overview of how international arbitration works with respect to disputes involving natural resources. It also dealt with some major issues in the area, including a discussion of Canadian considerations in the arbitration of contractual disputes.
October 15, 2013
Guest Speakers: Various speakers with international law experience
Meeting Title/Topic: Careers in International Law
Synopsis: Lawyers with some experience with International Law went to the University of Victoria Law School to talk with students who are interested in pursuing a career in international law about the challenges and opportunities in practicing in this area. These lawyers each gave an overview of the area of international law in which they practice. They made practical suggestions what steps students may take to advance career prospects in international law, and answered questions from the students.
November 22, 2013
Guest Speaker: Professor Robert Howell, University of Victoria, Faculty of Law
Meeting Title/Topic: The Internet, Intellectual Property and Private International Law
Synopsis: Professor Howell highlighted the difficulty of conflicts law in addressing questions of enforcement of intellectual property where the internet is used as a vehicle of infringement of intellectual property rights. Professor Howell noted different approaches to questions of conflict of laws, which have applicability to internet private conflicts law, as between Canada and the UK. He also addressed the subtle complexities of the internet and private conflicts of law issues during the question and answer part of the presentation.
March 7, 2014
Guest Speaker: Professor Ted McDorman, University of Victoria, Faculty of Law
Meeting Title/Topic: International Law and the Arctic Ocean
Synopsis: The last decade has seen an increasing international focus on the Arctic as a result of changing ice conditions and political stunts like the 2007 planting of a Russian flag on the North Pole. The focus has primarily been on the "race" for resources, disputed maritime boundaries and navigational rights, increased shipping traffic and uncertain governing structures.
Professor McDorman's presentation covered the following points:
• Historical view of state relations in the Arctic Sea
• Canada’s view on territorial sovereignty in the western Arctic Sea
• Claims of competing states (Denmark / Russia/ United States)
• Relevant treaty agreements, past and forthcoming
• Implication of the continental shelf to territorial seas and the agreed science behind it
• The North West Passage
• How the United States views the issue of the North West Passage
• How Canada views the issue of the North West Passage
• Previous controversies involving the North West Passage
• Implications in international law surrounding the issue of the North West
Passage (example Indonesia)
May 2, 2014
Guest Speaker: Derek Fraser, Former Canadian Ambassador to Ukraine
Meeting Title/Topic: Why is there Political Turmoil in Ukraine?
Synopsis: Mr. Fraser gave a fascinating and in-depth talk on the current serious situation in Ukraine. He described the historical, geographical and emotional importance of Ukraine to Russia. He spoke about the types of behind-the-scenes assistance that Russia has provided to enable the minority Russian-speakers to gain the upper hand as they have done in several areas of the country. Another factor at play here is that President Putin had assumed that Russia would be the voice for all the former Soviet republics. A totally independent Ukraine is difficult for Russia to accept, but possible NATO or EU membership is viewed as severely threatening. Mr. Fraser also emphasized Putin's personal paranoia as a factor in this situation.
June 3, 2014
Guest Speaker: Dan Kiselbach, Partner, Deloitte Tax Law
Meeting Title/Topic: Demystifying Canada's Free Trade Agreements
Synopsis: This was a joint Section meeting held with the Business Law Section.
Comments and Observations of the Co-Chair
Our meetings normally centre on guest speakers, with questions and discussion following the speaker's presentation. We try to balance presentations on private and public international law.
The meetings are held in either Victoria or Vancouver, depending on where the guest speaker is located. We always use the CBABC webinar hosting facility in order to allow members in both cities (and in other parts of the Province) to attend, no matter where the meeting is held.
In spite of its size as compared to Vancouver, Victoria is home to quite a large number of retired diplomats and as well as other persons who currently work, or have worked, internationally. It also has a military (navy) Base where the military lawyers of the Office of Judge Advocate, Pacific Region are located. And, as the capital of BC, it is home to most main government offices. Victoria's size is actually advantageous in that it is feasible for a speaker to travel to downtown Victoria (meetings are held in a Boardroom at the Ministry of Justice) for a lunch time meeting.