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Maxwell Cohen at Eighty: International Lawyer, Educator, and Judge

Published online by Cambridge University Press:  09 March 2016

R. St. J. MacDonald
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Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 27 , 1990 , pp. 3 - 56
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Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1989

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References

1 Interview with Maxwell Cohen, May a, 1988, at 2.

2 Citation read in 1981 by Dean H. Albert Hubbard of the University of Ottawa on the occasion of the conferring of the degree of Doctor of Laws, honoris causa, on Maxwell Cohen. See also Pallascio, Jacques, “Scholar–in–Residence: Maxwell Cohen,” The University of Ottawa Gazette, Vol. 22, No. I, 1987, at 8–10.Google Scholar

3 Gutkin, Harry, with Gutkin, Mildred, The Worst of Times, the Best of Times 97 (Markham, Ont.: Fitzhenry & Whiteside 1987).Google Scholar

4 Supra note 3, at 98.

5 Supra note 3, at 99.

6 Cohen, , “The Canadian Legal Profession and International Law,” (1983) 13 Manitoba L.J. 201, at 202–3.Google Scholar

7 Supra note 3, at 101.

8 Ibid. Stanley Knowles, the former member of parliament from Winnipeg North Centre, was Cohen’s debating partner in several major debates. See Stinson, Lloyd, “Meet Mr. Knowles, He’s the Honourable Member for Winnipeg North Centre,” The Winnipeg Free Press, Saturday, Mar. 13, 1971.Google Scholar

9 Krishner, Sheldon, “Cohen Feels at Home in Academia, Government,” The Canadian Jewish News, Mar. 12, 1981, at 5.Google Scholar

10 As editor–in–chief, Cohen had written many articles on international affairs; however, his writing was not confined to that area. After his father’s bank–ruptcy in the crash of 1929, Cohen wrote dramatizations of famous Canadian criminal trials to pay his law school tuition: Interview, May 2, 1988, at 2; see, too, supra note 3, at 100.

11 See Williams, E.K., “Legal Education in Manitoba 1913–1950,” (1950) 28 Can. Bar Rev. 759, 880Google Scholar; Macdonald, R. St. J., “An Historical Introduction to the Teaching of International Law in Canada,” (1974) 12 Canadian Yearbook of International Law 67 Google Scholar. Cohen had been an articled student–at–law to J. D. Suffield, K.C., from 1931 to 1933 and to Marcus Hyman, K.C., from 1934 to 1935. See Addendum to Letter of Maxwell Cohen to the Hon. Colin Gibson, Minister of National Revenue, Aug. 7, 1940, Maxwell Cohen Papers, National Archives of Canada. And see supra note 6, at 201–2; supra note 3, at 101.

12 Cohen, , “Some Considerations on the Origins of Habeas Corpus,” (1938) 16 Can. Bar Rev. 92 Google Scholar; Cohen, , “Habeas Corpus Causa: The Emergence of the Modern Writ — I,” (1940) 18 Can. Bar Rev. 10–43 Google Scholar; Cohen, , “Habeas Corpus Cum Causa: The Emergence of the Modern Writ — II,” (1940) 18 Can. Bar Rev. 172.Google Scholar

13 Letter of Maxwell Cohen to Dean David S. Ruder, Northwestern University Law School, Feb. 22, 1982, Maxwell Cohen Papers, National Archives of Canada.

14 In Camera, “Scholar in Residence,” Canadian Lawyer, December 1981, at 16, 18.

15 Cohen, , “The Canadian Anti-Trust Law: Doctrinal and Legislative Beginnings,” (1938) 16 Can. Bar Rev. 439–66.Google Scholar

16 Interview, Apr. 11, 1988, at 23–24.

17 Ibid., 23–24; interview, May 2, 1988, at 5–6.

18 See Cohen, , “The MacQuarrie Report and the Reform of Combines Legislation: The Background, Main Features and Problems,” (1952) 30 Can. Bar Rev. 551 Google Scholar; “Towards Reconsideration in Anti–Combines Law and Policy,” (1963) 9 McGill L.J. 81–102, 102; “Communists — Labour Law — Public Policy — Certification and Decertification — Certiorari — Interpretation of Statutes,” (1952) 30 Can. Bar Rev. 408–20.

19 Interview, May 2, 1988, at 15. The course on state intervention into the economy was begun in 1953–54 as a third-year seminar and graduate option. In later years, it was taught in conjunction with Irving Breecher and D. H. W. Henry.

20 Cohen, , “The Role of Law and Lawyers in Industrial Relations,” (1950) McGill Industrial Relations Centre Google Scholar; (1951) 11 Revue du Barreau 477–92.

21 Cohen served as impartial chairman and arbitrator for the men’s clothing industry in Montreal from 1948 to 1951, as impartial chairman and arbitrator for the Montreal Fur Manufacturer’s Guild and Montreal Fur Worker’s Union from 1962 to 1966, and as chairman of one of the largest commercial arbitrations in Canada, a $17 million dispute between the constructors of the Mactaquac Dam and the New Brunswick Electric Power Commission : inter–view, Apr. 5, 1988, at 39.

22 Special Commission of Inquiry into the Unloading of Grain Vessels in Montreal Harbour, 1967–68; Royal Commission on Labour Legislation in New–foundland and Labrador 1969–72. See Report of the Royal Commission on Labour Legislation in Newfoundland and Labrador, 1972, Report of Committee on Manpower Problems in the Unloading of Grain Vessels, Port of Montreal, Mar. 6, 1968.

23 Supra note 3, at 102–3; interview, May 2, 1988, at 9.

24 Supra note 3, at 103.

25 Ibid.

26 Ibid.

27 Cohen’s study examined economic controls under the Weir Measures Act, as previously applied, and predicted the kinds of economic controls that would be necessary to facilitate the integration of the demobilized men into Canadian society at war’s end: interview, Jan. 18, 1988; on the James Committee for Reconstruction generally, see Marsh, Leonard, Report on Social Security for Canada (Toronto: University of Toronto Press, 1975)Google Scholar; Guest, Dennis, “World War II and the Welfare State in Canada,” in Moscovitch, Allan and Albert, Jim (eds.), The Benevolent State: The Growth of Welfare in Canada 207, 217 (Toronto: Garamond Press, 1987)Google Scholar; Granatstein, J. L., Canada’s War: The Politics of the Mackenzie King Government, 1939–1945 at 254 ff. (Toronto: Oxford University Press, 1975).Google Scholar

28 As Secretary to the Committee on Deficiencies and Stores Policy, Cohen undertook a cross–Canada review of military stores with respect to alleged deficiencies and thefts. He examined between 20 and 40 such situations as a “kind of informal one–man court of enquiry,” concluding that the actual losses suffered by the Department of Defence were negligible and that most alleged deficiencies resulted from the application of a varity of accounting methods: letter of M. Cohen to Colonel George S. Currie, Apr. 22, 1952; letter of M. Cohen to the Honourable Brooke Claxton, Apr. 22, 1952: Maxwell Cohen Papers, National Archives of Canada; see also supra note 3, at 103.

29 Supra note 3, at 103.

30 Khaki University of Canada in the U.K., Calendar of the Junior College, Leaverden, Hertfordshire, England, 1945.

31 Interview, May 2, 1988, at 4–5.

32 Interview with Dr. Stanley B. Frost, Feb. 8, 1989, at 5–6. Macdonald, R. St. J., “An Historical Introduction to the Teaching of International Law in Canada,” (1974), 12 Canadian Yearbook of International Law 67, at 77.Google Scholar

33 Interview, Apr. 11, 1988, at 25–26; see also supra note 3, at 104.

34 Interview, May 2, 1988, at 6–7.

35 Macdonald, supra note 32; Cyril James, F., “The Link with the Future 1945–1959” in MacLennan, (ed.), McGill: The Story of a University 115–18 (Canada: George Allen and Unwin, 1960).Google Scholar

36 See Frost, Stanley B., McGill University for the Advancement of Learning (Montreal: McGill–Queen’s University Press, 1980)Google Scholar; Pilkington, Gwendoline Evans, Speaking with One Voice: Universities in Dialogue with Government 23–48 (Montreal: History of McGill Project, McGill University, 1983)Google Scholar; Frost, Stanley B. and Johnston, David L., “Law at McGill: Past, Present and Future,” (1981) 27 McGill L.J. 34–39 Google Scholar; In Camera, “Scholar in Residence,” Canadian Lawyer, December 19891, at 18.

37 Interview, Apr. 11, 1988, at 26–27. Gerald Le Dain was a member of his first class. See, too, Cohen’s review of Kindred, Hugh M. et al., International Law: Chiefly as Interpreted and Applied in Canada , 4th ed. (Toronto: Edmond Montgomery, 1987) in (1988) 33 McGill L.J. 445.Google Scholar

38 Interview, May 2, 1988, at 7–8.

39 Ibid., at 15–16.

40 Macdonald, supra note 32, at 77, 78; Interview, May 2, 1988, at 11.

41 Cohen, , “The Condition of Legal Education in Canada,” (1950) 28 Can. Bar Rev. 267–315 Google Scholar; Interview, Feb. 17, 1988, at 4.

42 See also Cohen, , “The Condition of Legal Education in Canada: Fifteen Years Later 1949–1964,” (1964) Canadian Bar Papers 116–32Google Scholar; Cohen, , “Objectives and Methods of Legal Education: An Outline,” (1954) 32 Can. Bar Rev. 762–70Google Scholar; Cohen, , “Lawyers and Learning: The Professional and Intellectual Traditions,” (1961) 7 McGill L.J. 181–91Google Scholar; Cohen, , “What Makes a Law School Great?,” (1980) 6 Dalhousie L.J. 350–56.Google Scholar

43 Among these commentators were Dean Wright, Dean Harno, Chief Justice Vanderbilt, and Mr.Justice Ivan, C. Rand. Cohen, “Objectives and Methods of Legal Education: An Outline,” (1954) 32 Can. Bar Rev. 762–69.Google Scholar

44 Cohen, , “The Condition of Legal Education in Canada: Fifteen Years Later 1949–1964,” (1964) Canadian Bar Papers 127.Google Scholar

45 Ibid., 122.

46 Supra note 41, at 284.

47 Cohen, , “Objectives and Methods of Legal Education: An Outline,” supra note 42, at 766–67.Google Scholar

48 “In 1948–49, full-time staff in the 11 law faculties numbered 41. In 1963–64 full-time staff in 16 faculties numbered 155”: supra note 44, at 118. “In 1948–49 only five law schools out of the 11 had buildings of their own and of these, three shared their premises with other university entities.…Today there are new buildings already constructed or on the way in law faculties and most of them designed for efficient use for many years to come. The same is true with respect to law libraries. Where of the eleven libraries in 1949, seven had under ten thousand books, two between ten and twenty thousand and only two above twenty thousand volumes, today there are three libraries with over forty thousand books, three over thirty thousand, four over twenty and most of the others rising accordingly. And library physical arrangements have had to keep march and usually are the very centerpiece of most of the new buildings”: supra note 44, at 121. “Whereas in 1949, a lecturer received between $2,400 and $3,000, today the range is between $5,000 and $7,500, with the median probably close to $6,500. Assistant professors run from $6,380 to $9,500, associate professors from $6,380 to $13,450, while full professors are as low as $8,500 but go up to $18,500 in a few cases and perhaps higher in certain unreported instances with a median probably $14,000 to $15,000”; supra note 44, at 122.

49 Supra note 44, at 123–24; see also Cohen, , “Lawyers and Learning: The Professional and Intellectual Traditions,” (1961) 7 McGill L.J. 181–92.Google Scholar

50 Interview, Feb. 17, 1988, at 1–2; see especially his stimulating article “What Makes a Law School Great?,” (1980) 6 Dalhousie L.J. 350.

51 Supra note 41, at 279.

52 Letter from Dean M. Cohen to Dean W. A. MacKay, Aug. 5, 1964, Dalhousie Law School Archives. While widely accepted, a B.A. was not required for admission to law school.

53 Interview, Feb. 17, 1988, at 2–3.

54 “Objectives and Methods of Legal Education: An Outline,” (1954) 32 Can. Bar Rev. 762.

55 Interview, Feb. 17, 1988, at 2. See also supra note 41, at 286.

56 Cohen, , “What Makes a Law School Great?,” (1980) 6 Dalhousie L.J. 353 Google Scholar; Brierly, J.E.C., “Developments in Legal Education at McGill: 1970–1980,” (1982) 7 Dalhousie L.J. 364 Google Scholar; interview, Apr. 11, 1988, at 19; see also supra note 41, at 286–89.

57 Cohen, Review of Kindred, Hugh M. et al., International Law: Chiefly as Interpreted and Applied in Canada, 4th ed. (Toronto: Edmond Montgomery, 1987), (1988), 33 McGill L.J. 445–46.Google Scholar

58 Supra note 56, “What Makes a Law School Great?,” at 354; supra note 41, at 288–89.

59 Supra note 44, at 120–22.

60 Consultative Group on Research and Education in Law (Ottawa: Information Division of the Social Sciences and Humanities Research Council of Canada, 1983).

61 Cohen, Review, (1983) 61 Can. Bar Rev. 711, 712.

62 Interview, Feb. 17, 1988, at 2–3.

63 Supra note 56, “What Makes a Law School Great?,” at 353.

64 Interview, Apr. 11, 1988, at 27.

65 Supra note 41, at 285.

66 Cohen, , “Espionage and Immunity: Some Recent Problems and Developments,” (1948) 25 B.Y.I.L. 404 Google Scholar. For background information, see Bothwell, R. and Granatstein, J.L., The Gouzenko Transcripts, 1982 Google Scholar; Sawatsky, J., Gouzenko: The Untold Story, 1984.Google Scholar

67 Cohen, , “Some International Law Problems of Interest to Canada and Canadian Lawyers,” (1955) 33 Can. Bar Rev. 389–424.Google Scholar

68 Cohen, , “International Law and Canadian Practice,” in McWhinney, E. (ed.), Canadian Jurisprudence: The Civil Law and Common Law in Canada 324–25 (Toronto: Carswell, 1958).Google Scholar

69 Cohen notes that Canadian courts were often too willing to allow the Executive to decide questions of international law, questions that were proper for judicial determinations, thus “reducing the interplay between the international and municipal in the development of customary international law.” See, too, Macdonald, R. St. J., “Public International Law Questions Arising in Canadian Courts,” (1955–56) 11 U. of T.L.J. 224.CrossRefGoogle Scholar

70 Supra note 67, at 410–20.

71 Supra note 68, at 324–33.

72 Cohen, , “Canada and the International Legal Order: An Inside Perspective,” in Macdonald, , Morris, , and Johnston, (eds.), Canadian Perspectives on Inter–national Law and Organization 9 (Toronto: University of Toronto Press, 1974)Google Scholar. For Cohen’s detailed historical analysis of this development, see ibid., 3–12.

73 International Law Association, Report of Forty–Eighth Conference Held at New York, September 1 - September 7, 1958, at xviii (London 1959). On the history of the International Law Association, see, too, Nadelmann, Kurt H., “International Law at America’s Centennial,” (1976) 70 Am. J. Int’l L. 522–23Google Scholar; Fitzgerald, G. F., “The Canadian Branch of the International Law Association,” (1953) 31 Can. Bar Rev. 1021.Google Scholar

74 Interview, Apr. 11, 1988, at 1–3.

75 Ibid., 2–3.

76 Cohen, , “Some Main Directions of International Law: A Canadian Perspective,” (1963) I Canadian Yearbook of International Law 15–16.Google Scholar

77 Cohen, , “The Canadian Yearbook and International Law in Canada after Twenty-five Years,” (1987) 25 Canadian Yearbook of International Law 27.Google Scholar

78 Interview, Apr. 11, 1988, at 2–4.

79 Cohen mentions McNair, Hudson, Jenks, McDougal and Lasswell, DeVis–scher, Alf Ross, Schwarzenberger, Percy Corbett, and Julius Stone as among those engaged in this enterprise. Cohen, , “From Diversity to Unity: International Law in a Bipolar World,” (1959) 53 Proc. Am. Soc. Int’l L. 99 Google Scholar; Cohen, , “The Rule of Law in a Divided World,” in This Divided World (1960), Conference on World Affairs 91, at 92.Google Scholar

80 (1964) 42 Can. Bar Rev. 449–52; see, too, This Divided World, supra note 79, at 100.

81 (1964) 42 Can. Bar Rev. 454. Note, however, the argument that Cohen makes with respect to the problem of achieving universality in the midst of diverse public orders:

A legal order can be extensive and effective even though there may be a quite inadequate degree of communication with respect to the existence or meaning of rules and the legal persons to be regulated by such rules. British India, for example, was an effectively regulated legal order when the British were there in the eighteenth and nineteenth centuries and when the relation between the legal order and the social order was in some respects a very tenuous one indeed. What I mean by this is to suggest that, tyrannies apart, there is no necessary need for a highly integrated society antedating the legal orders, and indeed many legal orders conceivably could run ahead of the degree of social integration extant in the particular region concerned.

For these reasons it is almost a banality to insist on this need for intensive international integration ideologically, culturally, and otherwise, before “world law” or a common law of mankind of some durability is possible. Indeed, I would suggest that the division between the Communist and non–Communist world, far from having impeded the rate of the development of that common or world law, may in fact accelerate certain aspects of its growth simply because legal techniques become bridges which otherwise it might be very difficult to build between opposing cultural, ideological or economic bases. (1959) Proc. Am. Soc. Int’l L. 101–2.

82 See Cohen, in Canadian Perspectives on International Law and Organization, supra note 72, at 26–31, for the expansion of Canadian international legal activities.Google Scholar

83 Cohen, , “From Diversity of Unity,” supra note 79, at 102.Google ScholarPubMed

84 Ibid., 103.

85 Ibid., 102.

86 Ibid., 107.

87 (1964) 42 Can. Bar Rev. 461–62.

88 Letter of Cohen to R. St. J. Macdonald, Mar. ι, 1989. And see Cohen, ’s review of The International Law and Policy of Human Welfare in (1981) 59 59 Can. Bar. Rev. 613 Google Scholar, where he wrote at 615: “Neither Jenks nor Friedman were as ‘dogmatic’ or as specific as McDougal and Laswell may have been about a chosen value system and its semantics. But as pioneers they all shared this ‘feel’ for the movement away from normative–positivist–prescriptive models of law–formulation to something more closely related to the operational dynamics of social and political life and yet professionally usable by lawyers and related disciplines.…”

89 Supra note 76, at 18, 22.

90 Interview, Apr. 5, 1988, at 7–8. As to the operation of the Technical Assistance Administration, see also Keenleyside, H. L., “Adminstrative Problems of the Technical Assistance Administration,” (1952) 18 Can. J. Econ. and Pol. Sc. 345 Google Scholar, and Keenleyside, H. L., On the Bridge of Time: Memoirs of Hugh L. Keenleyside 390–479 (Toronto: McClelland and Stewart, 1982).Google Scholar

91 Interview, Apr. 5, 1988, at 8.

92 Keenleyside, supra note 90, at 400, describes Cohen as a “senior consultant with TAA.”

93 Interview, Apr. 5, 1988, at 9–11. For a sample of his contribution to the ILA, see Report of the Forty-Seventh Conference Held at Dubrovnik, Aug. 26–Sept. I, 1956, at 237. At its 52nd Conference, held in Helsinki on Aug. 20, 1966, the ILA adopted the Helsinki Rules on the Uses of the Waters of International Rivers based on principles established in Dubrovnik in 1956 and modified at the New York Conference of the ILA in 1958. Cohen’s connection with UNTAA came to an end in 1956.

94 Interview, Apr. 5, 1988, at 12–13. The paper was published in “The Natural Resources Forum.”

95 See Cohen, , “Reflections on Law and the United Nations System,” (1960) Proc. Am. Soc. Int’l L. 243–53Google Scholar; Cohen, , “The United States and the United Nations Secretariat: A Preliminary Appraisal,” (1953) 1 McGill L.J. 169–99Google Scholar; Cohen, , “The United Nations Secretariat: Some Constitutional and Administrative Developments,” (1955) 49 Am. J. Int’l L. 295–320 Google Scholar; Cohen, “The United Nations Secretariat and the Eighth General Assembly,” Proceedings and Committee Reports of the American Branch of the ILA, 1954, at 10.Google Scholar

96 (1953) I McGill L.J. 169–99.

97 Ibid., 180–81. Cohen comments in Interview, Apr. 5, 1988, at 21 : “It was a great thing to get the Headquarters of the U.N., the new world order, within the United States, but no one could have foreseen that despite the plus in getting the U.S. involved (they were not involved in the League of Nations …), the price you pay for it is that you are also getting involved in their domestic politics, their domestic foreign policy and their domestic espionage.” Canada was not in favour of locating UN headquarters in the United States: see Reid, Escott, Radical Mandarin: The Memoirs of Escott Reid 205–8, 316 (Toronto: University of Toronto Press, 1989).Google Scholar

98 Supra note 96, at 197.

99 Ibid., 193–95, 197.

100 Ibid.

101 Ibid.

102 (1955) 49 Am. J. Int’l L. 299–302, 305, 306–9.

103 Ibid., 304–5, 306–9.

104 Ibid., 309.

105 Ibid., 315.

106 UN Doc. 4/12533, Report of the Secretary-General on Personnel Policy, Nov. 2, 1953; supra note 102, at 309, fn. 107.

107 Supra note 102, at 319.

108 See Cohen’s Statements to the Sixth Committee: United Nations General Assembly Fourteenth Session, Official Records: A/C.6/SR.606, para. 2–7; A/C.6/SR.616, para. 39; A/C.6/SR.620, para. 44–45; A/C.6/SR. 622, para. 5; A/C.6/SR.627, para. 39; A/C.6/SR.628, para. 7–23; A/C.6/SR.631, para. 26–28; A/C.6/SR.632, para. 34; A/C.6/SR.633, para. 6; A/C.6/SR.637, para. 6; A/C.6/SR.638, para. 12–18; A/C.6/SR.643, para. 8–12.

109 See Cohen’s Statements to the Third Committee: United Nations General Assembly Fourteenth Session Official Records: A/C.3/SR.965, para 21–25, A/C.3/SR.969, para. 1.

110 See generally, Humphrey, John P., Human Rights and the United Nations: A Great Adventure (Dobbs Ferry, NY: Transnational Publishers, 1948).Google Scholar

111 Cohen, , “Reflections on Law and the United Nations System,” (1960), Proc. Am. Soc. Int’l L. 244.Google Scholar

112 Ibid., 252, 243–53; see also Cohen, , “Morals and Majorities: Dilemma of the U.N.,” 72 Saturday Night, Mar. 2, 1957, at 6–8 Google Scholar, and Official Records of the United Nations General Assembly Fourteenth Session, A/C/6/SR.606, para. 7; A/C.6/SR.643, para. 12.

113 (1957) 12 International Journal 109–27.

114 (1967–68) 23 International Journal 18–52.

115 Supra note 113, at 112–13.

116 Supra note 114, at 33–36.

117 In “The Demise of UNEF,” supra note 114, at 50–52, Cohen set out the major lessons of the UNEF experience from 1957 to 1967 as follows:

  • 1.

    1. Peacekeeping must not be confused with “enforcement actions” in the sense of actually using force against any party to a dispute under Chapter VII.

  • 2.

    2. Peacekeeping is primarily “a presence” in modest military numbers, symbolic in its overall image and possibly creative of “buffer” zones in sensitive areas, particularly cease–fire, truce, armistice, or demarcation lines, or points on or near other specifically marked boundaries. Its activity involves only patrol and reportage and through both, the creation of a form of “policing,” by observing and reporting to the international community through the Secretary General or other designated officials or organs of the United Nations.

  • 3.

    3. For its effective functioning, peacekeeping requires:

  • (a)

    (a) sufficient military or para–military forces, lightly armed, of which the technical services — signals, engineers, etc. — are the most difficult to obtain. Advanced planning by the Organization is desirable even if difficult, particularly the need to have technical units available.

  • (b)

    (b) specific and reasonably clear agreement with the host state or states as to the scope of the tasks to be performed and the conditions under which disputes about these tasks and their termination can be determined swiftly and authoritatively with binding results on the host state or states or on the Organization.

  • (c)

    (c) a pre–arranged scheme of financing every particular operation preferably in the context of a general U.N. peacekeeping policy and financing framework, but ad hoc if necessary.

  • (d)

    (d) a recognition that each peacekeeping operation has certain features and problems unique to itself but that principles of U.N. and member–state responsibility, and methods of operation, should be formulated so as to give some consistency to the general scheme of peacekeeping— standing as it does mid–way between mere observation or truce supervision, and Enforcement Action under Chapter VII.

  • (e)

    (e) peacekeeping probably requires that both the General Assembly and the Security Council have a role, but in general it is evident that the more effective long–term approach would be to assert the primacy of the Council, without closing the door to the Assembly’s right to act if the Council is unable to do so because of the veto or other reasons.

118 As Cohen says, “by year two at McGill, I’d decided I’d be interested in political life and see.…”: interview, Apr. 5, 1988, at 23.

119 Ibid., 22–23.

120 Interview, May 2, 1988, at 8.

121 For a full discussion, see Macdonald, Roderick A., “The National Law Programme at McGill: Origins, Establishment, Prospects,” (1990) Dalhousie L.J. Interview, Jan. 17, 1988.Google Scholar

122 Interview, May 2, 1988, at 9.

123 Interview Apr. 5, 1988, at 32–33; Report of the Royal Commission on Bi–lingualism and Biculturalism, Book 1 at 181 (Ottawa: Queen’s Printer, Oct. 8, 1967). See also “The Challenge of the New Quebec,” The McGill News, Vol. XLVI, No. 3, June/July 1965, at 5–7.

124 Calendar of the Institute of Air and Space Law, McGill University 1989, at 4; see also “Putting Order in the Heavens,” McGill News, Spring 1975, at 6.

125 Annual Report, Faculty of Law, McGill University, 1965–66, at 54.

126 For discussion of the development of the Yearbook, see Mankiewicz, R.H., Preface, 1965 Yearbook of Air and Space Law (Montreal: McGill University Press, 1967)Google Scholar; and see Cohen, (ed.), Law and Politics in Space: Proceedings of the First McGill Conference on the Law of Outer Space, Apr. 13–13, 1964 (Montreal: McGill University Press, 1964).Google Scholar

127 Supra note 125, at 53.

128 Annual Report of the Faculty of Law, McGill University, 1967–68, at 61, 68.

129 See Roderick A. Macdonald, supra note 121; Frost, Stanley and Johnston, David L., “Law at McGill: Past, Present and Future,” (1981) 27 McGill L.J. 34–37 Google Scholar; Brierley, J.E.C., “Developments in Legal Education at McGill, 1970–1980,” (1982) 7 Dalhousie L.J. 364.Google Scholar

130 Annual Report of the Faculty of Law, McGill University, 1967–68, at 68.

131 Annual Report of the Faculty of Law, McGill University, 1968–69, at 58; Roderick A. Macdonald, supra note 121.

132 Annual Report of the Faculty of Law, McGill University, 1968–69, at 56.

133 Supra note 128, at 68.

134 In Quebec, students may enter law school directly from CEGEP; see supra note 125, at 69.

135 Supra note 128, at 56.

136 Supra note 128, at 56; see, too, the brochure on the occasion of the Official Opening of Chancellor Day Hall, Faculty of Law, McGill University, Jan. 21, 1967.

137 Supra note 68, at 355–58; supra note 76, at 18–25.

138 See Cohen, , “The Arctic and National Interest,” (1971) 26 International Journal 52–81 Google Scholar; Cohen, , “Foreword,” (1965) 1 Yearbook on Air and Space Law Google Scholar; Cohen, , “Toward a Legal Regime in Space,” (1963) Man. Law School J. 147–54Google Scholar; Cohen (ed.), Law and Politics in Space: Proceedings of the First McGill Conference on the Law of Outer Space, supra note 126; Cohen, , “Polar Ice and Arctic Sovereignty,” Saturday Night, Aug. 30, 1958, at 12–13 Google Scholar; Cohen, , “Who Makes Traffic Laws in Space?,” Saturday Night, Nov. 9, 1957 Google Scholar. See Vlasic, Ivan A., “The Developing Law of Outer Space,” (1966) 14 Chitty’s L.J. 241 Google Scholar; Matte, N., “The Draft Treaty on the Moon, Eight Years Later,” (1978) 3 Annals of Air and Space Law 5–11 Google Scholar; Macdonald, R. St. J. (ed.), The Arctic Frontier (Toronto: University of Toronto Press, 1966)Google Scholar; Green, L. C., “Canada and Arctic Sovereignty,” (1970) 48 Can. Bar Rev. 740 Google Scholar; Head, Ivan L., “Canadian Claims to Territorial Sovereignty in Arctic Regions,” (1963) 9 McGill L.J. 200 Google Scholar; Pharand, D. A., “The Arctic Waters in Relation to Canada,” in Canadian Perspectives on Int’l Law and Org.,” 434 (Toronto: University of Toronto Press, 1974)Google Scholar; Pharand, D. A., “Innocent Passage in the Arctic,” (1968) 6 Canadian Yearbook of International Law 3 Google Scholar; Pharand, D. A., Canada’s Arctic Waters in International Law (Cambridge: Cambridge University Press, 1988).Google Scholar

139 Cohen, , “Some Legal and Policy Aspects of the Columbia River Dispute,” (1958) 36 Can. Bar Rev. 30 Google Scholar. See also Cohen, , “The Columbia River: An Asset and an Irritation,” Saturday Night, Sept. 28, 1957 Google Scholar. For the background, see Bourne, C.B., “The Columbia River Controversy,” (1959) 37 Can. Bar Rev. 444.Google Scholar

140 Cohen in 36 Can. Bar Rev. 25, at 35, 39–40.

141 For a précis of the treaty provisions, see Cohen, , “The Columbia River Treaty: A Comment,” (1961–62) 8 McGill L.J. 212–19, at 213.Google Scholar

142 Ibid., 214, as to whether or not the federal government was aware of the provincial position prior to signature.

143 Ibid., 215.

144 Supra note 119, at 19.

145 Cohen, and Nadeau, , “The Legacy Framework of the St. Lawrence Seaway,” in Proehl, (ed.), Legal Problems of International Trade 50 (Urbana: University of Illinois Press, 1959).Google Scholar

146 The Royal Commission on Government Organization, Vol. 4, Report 21 (Ottawa: Queen’s Printer, 1962–63), at 95. See, too, Cohen, , “An Outside View,” in Merilatt, H.C.L. (ed.), Legal Advisers and Foreign Affairs 43–50 (New York: Oceana Publications, 1964)Google Scholar; Macdonald, R. St. J., “The Role of the Legal Adviser of Ministries of Foreign Affairs,” (1977) Recueil des Cours, Vol. 3, at 381.Google Scholar

147 Ottawa, Queen’s Printer, Apr. 1964. Prepared by Department of External Affairs and Department of Northern Affairs and National Resources in con–sultation with Cohen, Staff of Montreal Engineering Company Ltd., Officials of B.C. Government, B.C. Hydro and Power Authority. See, too, interview, Apr. 5, 1988, at 28–29.

148 Interview, May 2, 1988, at 17.

149 Cohen, , “Human Rights and Hate Propaganda: Controversial Canadian Experiment,” in Of Law and Man: Essays in Honour of Mr. Justice Haim Cohn, Supreme Court of Isreal 63 (Tel Aviv: University of Tel Aviv Press, 1971)Google Scholar; at Cohen, , “The Hate Propaganda Amendments: Reflections on a Controversay,” (1971) 9 Alberta L. Rev. 103–18Google Scholar. The members of the Special Committee were Dr. J. A. Corry, Principal, Queen’s University; L’abbé Gérard Dion, Faculty of Social Sciences, Laval University; Mr. Saul Hayes, Q.C., Ex. Vice–Pres. C.J.C.; Prof. Mark R. MacGuigan, Assoc. Prof, of Law, University of Toronto; Mr. Shane MacKay, Exec. Editor, Winnipeg Free Press; Prof. Pierre Elliott Trudeau, Assoc. Prof, of Law, University of Montreal, with Harvey Yarosky later added as Exec. Assist, to Chairman; Report to the Minister of Justice of the Special Committee on Hate Propaganda in Canada, Nov. 10, 1965.

150 Cohen stated in Interview, Apr. 5, 1988, at 30:

Nevertheless in ’65, in February, just after I’d finished this darned job on the Blue Book, I had been part of a delegation of the Jewish Congress that raised the issue in the House of Commons on hate propaganda. There was an awful lot of anti-Black, anti-Catholic, anti-Jewish materia] coming from Sweden, Virginia, Georgia, Ontario and … it was very nasty stuff distributed in the mails. Diefenbaker and Tommy Douglas raised the question in the House of Commons — to make a long story short, this delegation of ours said the government should do something about it. Guy Favreau, who was a friend of mine and Minister of Justice, asked my advice. I said you ought to get a first–class team, royal commission or a task force. One night my wife and I were sitting watching TV and saw the Minister of Justice announce the creation of the Minister’s Special Committee on Hate Propaganda, Chairman — Dean Maxwell Cohen. No one had asked me! No one told me. Here I was a busy man — I just finished one busy job — in the middle of everything else.…

151 Interview, Apr. 5, 1988, at 31–32.

152 Cohen, , “Human Rights and Hate Propaganda,” supra note 149, at 63, 67–69Google Scholar; and Report, Appendix II.

153 Cohen, , “Bill C-60 and International Law. The United Nations Charter: Declaration of Rights,” (1959) 37 Can. Bar Rev. 230–231 Google Scholar; see also Cohen’s testimony before the Special Committee on Human Rights and Fundamental Freedoms on July 21, 1960, Minutes of Proceedings and Evidence No 5, Special Committee on Human Rights and Fundamental Freedoms. July 21, 1960, at 360–97.

154 Ibid., 231–32.

155 Supra note 150, at 561–64.

156 Supra note 153, at 228–30; Cohen, , “The Individual and International Law,” in Gotlieb, Allan (ed.), Human Rights, Federalism and Minorities 111–24 (Toronto: Canadian Institute of International Affairs, 1970).Google Scholar

157 “The Individual and International Law,” supra note 156, at 111–17.

158 Cohen, , “Human Rights: Programme or Catchall? A Canadian Rationale,” (1968) 46 Can. Bar Rev. 554–56.Google Scholar

159 Ibid., 557.

160 “The Individual in International Law,” supra note 156, at 118.

161 Ibid., 119.

162 Minutes of Proceedings and Evidence of the Special Committee on Regulatory Reform, Nov. 14, 1980, at 25:18.

163 Ibid., 25:13–14.

164 See Cohen, , “The Quebec Advisory Council on the Administration of Justice: Le conseil consultatif de justice,” (1973) 1 Dalhousie L.J. 350–51.Google Scholar

165 Cohen was appointed by John Fraser, Minister of the Environment, to chair the board. See Report of the PCB Board of Review, Environmental Contaminants Act, Environment Canada/Health and Welfare Canada, 1980; supra 162, at 25:10.

166 Interview, Apr. 5, 1988, at 40.

167 Supra note 22; see “Automation and the Cohen Report,” Editorial, The (Montreal) Gazette, Friday, Mar. 15, 1968.

168 Interview, Apr. 5, 1988, at 37–38. See, too, Stanley, Delia M., Louis Robi–chaud: A Decade of Power 93, 144 (Halifax: Nimbus Publishing 1984)Google Scholar, showing that at that time New Brunswick was unable to supply her own needs for qualified advisers.

169 Interview, Apr. 11, 1988, at 30.

170 As Cohen said in interview, Apr. 5, 1988, at 23: “by year two at McGill, I’d decided I’d be interested in political life and see.”

171 Ibid., 23–24.

172 Ibid., 24–25.

173 Ibid., 25. See also Cohen, , “Canada in a Changing World: A Background Paper on Canadian Foreign Policy,” prepared for the National Meeting and Liberal Party Congress, Oct. 10–12, 1966 Google Scholar; Cohen, , “A Just Foreign Policy and the National Interest,” in Linden, Allen (ed.), Living in the Seventies 225–41 (Toronto: Peter Martin Associates, 1970).Google Scholar

174 Interview, Apr. 5, 1988, at 26–28.

175 Ibid., 33.

176 Taylor, Bruce, “Montreal Days and Nights,” The Montreal Star, Feb. 8, 1969, 10 Google Scholar. In 1962–63, the McGill University Senate adopted a five–year rule for deans, except “in exceptional cases”; see interview, May 2, 1988, at 17.

177 Interview, May a, 1988, at 18. See further Djwa, Sandra, The Politics of the Imagination: A Life of F. R. Scott (Toronto: McClelland and Stewart, 1987), reviewed by King Gordon in (1989) 12 Dalhousie L.J. 567; Jacob S. Ziegel in (1989) 39 U. of T. L.J. 426; K. S. McNaught in (1988) 33 McGill L.J. 422.Google Scholar

178 It was a time of social change in the world of the universities. At McGill, the threat of dismissal of Stanley Gray, a political science lecturer, who had engaged in activities likely to be detrimental to the university, was the factor instigating McGilFs student uprisings, leading to a break–in and occupation of the Principal’s Office and a sit–in at the Administration Building. See Moore, Terrence and Kanovsky, Evelyn, “Gray Case Reexamined,” The Montreal Star, Feb. 29, 1969 Google Scholar; Cohen, , “Civil Disobedience, Dissent and Violence: A Canadian Perspective,” (1969) 10 William and Mary L. Rev. 631–36Google Scholar. For Gray’s point of view, see Dixon, Marlene, Things Which are Done in Secret (Montreal: Black Rose Books, 1976).Google Scholar

179 Interview, May 2, 1988, at 17. The Cohen deanship ended in the summer of 1969. His last major academic responsibility was to serve as rapporteur of a joint Senate–Board of Governors Committee on redrafting the McGill University statutes.

180 The Annual Report of the Faculty of Law, McGill University, 1969–70, at 57.

181 Interview, Apr. 5, 1988, at 34–38, 40; interview, Jan. 26, 1988, at 45–46.

182 The New Republic, Mar. 16, 1938, at 154–56.

183 Cohen, , “Canada and the International Legal Order: An Inside Perspective,” in Macdonald, , Morris, , and Johnston, (eds.), Canadian Perspectives on International Law and Organization 4 (Toronto: University of Toronto Press, 1974).Google Scholar

184 Cohen, , “Canada and the United States: A Legal Framework for the Future,” (1964) 10 McGill L.J. 238 Google Scholar; Cohen, , “Canada and the U.S.: New Approaches to Undeadly Quarrels,” (Mar.-Apr. 1985) International Perspectives 22 Google Scholar; Cohen, , “A Just Foreign Policy and the National Interest,” in Linden, A. M. (ed.), Living in the Seventies 230–31 (Toronto: Peter Martin Associates, 1970)Google Scholar; Cohen, , “Canada-United States Treaty Relations: Trends and Future Problems,” in Deener, (ed.), Canada-United States Treaty Relations 195 (Durham: Duke University Press, 1963).Google Scholar

185 “Canada and United States: A Legal Framework for the Future,” supra note 184, at 238; see also Deener, supra note 184, at 195.

186 In Canada–United States Treaty Relations (Deener, ed.), supra note 184, at 194; and in “Undeadly Quarrels,” supra note 184, at 22.

187 Supra note 183, at 16–18.

188 Deener, supra note 184, at 194.

189 Ibid., 191.

190 Supra note 183, at 18–19.

191 Supra note 185.

192 Interview, Jan. 26, 1988, at 49–50.

193 Cohen, , “The Commission from the Inside,” in Spencer, Robert et al. (eds.), The International Joint Commission Seventy Years On 106–23 (Toronto: Centre for International Studies, 1981).Google Scholar

194 Cohen, , “The Regime of Boundary Waters: The Canadian-United States Experience,” Recueil des Cours: Collected Courses of the Hague Academy of International Law, 1975, Vol. 3, 1977), 219–340.Google Scholar

195 Ibid., 232.

196 Supra note 193, at 109–10; Cohen, , “Canada and the United States: Dispute Settlement and the International Joint Commission: Can This Experience Be Applied to Law of the Sea Issues?,” (1976) 8 Case Western Reserve J. Int’l L. 73–74.Google Scholar

197 Cohen, , “Undeadly Quarrels,” supra note 184, at 22 Google Scholar; see also the Standing Senate Committee on Foreign Affairs, Canada-United States Relations: Vol. I, The Institutional Framework for the Relationship 41 (Ottawa: Queen’s Printer, Dec. 1975).

198 Supra note 193, at 112–13.

199 The ICJ’s First Annual Report was released in July 1973 and covered activities during the 1972 calendar year. The Second Annual Report, issued under Cohen’s direction as co–chairman in Dec. 1975, covered 1974’s activities; International Joint Commission, Third Annual Report 1974, Great Lakes Water Quality, Dec. 1975, at 18. See also Fourth Annual Report, Great Lakes Water Quality, 1976; Fifth Annual Report, Great Lakes Water Quality, 1977; A Special Report on Various Provisions of the Great Lakes Water Quality Agreement, February 1977; New and Revised Great Lakes Water Quality Objectives, Vol. 1, May 1977; Sixth Annual Report, Great Lakes Water Quality, 1978; interview, Jan. 26, 1988, at 48–49.

200 See International Joint Commission, Transboundary Implications of the Garrison Diversion Unit, 1977.

201 “In my five and a half years we didn’t have one dissenting opinion except in a minor legal issue affecting the building of a container”: interview, Jan. 26, 1988, at 47–48.

202 See International Joint Commission, Water Quality of the Upper Great Lakes, May 1979.

203 Cohen, , “Canada and the United States: A Legal Framework for the Future,” supra note 184, at 239 Google Scholar; see also supra note 194.

204 Cohen, , “Canada and the United States: Possibilities for the Future,” (1973) 12 Columbia J. Int’l L. 212.Google Scholar

205 See the references in supra note 184, esp. “Undeadly Quarrels,” at 18–21.

206 Standing Senate Committee on Foreign Affairs, Canada-United States Relations: Volume 1, The Institutional Framework for the Relationship, 1975, at 44–47.

207 See International Joint Commission, Water Quality in the Saint John River Basin, 1977.

208 Letter from IJC to the Hon. Don Jamieson, Secretary of State for External Affairs, Aug. 16, 1977.

209 Interview, Jan. 36, 1988, at 49.

210 Ibid., at 51–52.

211 Cohen, , “Foreword” to Carroll, John, Environment Diplomacy (Ann Abor: University of Michigan Press, 1983)Google Scholar; Cohen, , “International Law and the Global Environment,” Sept.-Oct. 1986, International Perspectives 3–5 Google Scholar; Cohen, , “Facing Up to Toxic Peril,” Globe and Mail, Nov. 12, 1980 Google Scholar; Cohen, and Reiskind, , “Toward a Responsible Use of Nuclear Power in Outer Space: The Canadian Initiative in the United Nations,” (1981) 6 Annals of Air and Space Law 461–74.Google Scholar

212 Cohen, , in “Foreword” to Environmental Diplomacy, supra note 211, at x–xi.Google ScholarPubMed

213 Interview, Jan. 26, 1988, at 53.

214 Ibid.

215 See Cohen, and Bayefsky, Anne F., “The Canadian Charter of Rights and Freedoms and Public International Law,” (1983) 61 Can. Bar Rev. 265–314 Google Scholar; Cohen, , “Towards a Paradigm of Theory and Practice: The Canadian Charter of Rights and Freedoms: International Law Influences and Interactions,” (1986) 3 Can. Human Rights Yearbook 47–73.Google Scholar

216 Cohen and Bayefsky, ibid., 310.

217 Interview, Jan. 26, 1988, at 54. For origins and analysis of the dispute, see McRae, D.M. and Legault, L.H., “The Gulf of Maine Case,” (1984) 22 Canadian Yearbook of International Law 267–91.Google Scholar

218 Interview, Jan. 26, 1988, at 55–56.

219 Case concerning the Delimitation of the Maritime Boundary in the Gulf of Maine (Canada v. United States of America), [1984] ICJ Rep. 246.

220 Interview, Jan. 26, 1988, at 58–59. The text of the Special Agreement is reproduced in [1984] ICJ Rep. 252–55.

221 Cohen, , “World Disarmament: The Moment of Diplomacy,” Saturday Night, Feb. 16, 1957 Google Scholar; Cohen, , “Two Nations at Nuclear Daggers Drawn,” The Citizen, Oct. 5, 1985.Google Scholar

222 Interview, Jan. 26, 1987, at 59; see Cohen, Maxwell and Gouin, Margaret E. (eds.), Lawyers and the Nuclear Debate (Ottawa: University of Ottawa Press, 1988).Google Scholar

223 Interview, Jan. 26, 1988, at 60.

224 See, for example, Cohen, , “Premier Missed Chance to Take Political Courage from High Court,” Montreal Gazette, Feb. 4, 1989, at B–3; “Court System Put on Trial,” Winnipeg Free Press, May 10, 1989, at 7.Google Scholar

225 Any effort to consolidate a Canadian canon in public international law would have to include the following figures as initiating and contributory forces to the development of the subject in this country : Maximilien Bibaud, David A. Mills, Richard Chapman Weldon, Eugene Lafleur, H. A. Smith, Ν. A. M. MacKenzie, Percy Corbett, John Read, John Humphrey, Marcel Cadieux, Charles Bourne, and Maxwell Cohen. See Claydon, John E. and McRae, D.M., “International Legal Scholarship in Canada,” (1985) 23 Osgoode Hall L.J. 477 Google Scholar. For Cohen’s own assessments of “a number of watershed events marking the growth rings of international legal studies and practice in Canada,” see his review of Wiktor’s, G.L. Canadian Bibliography of International Law in International Perspectives, Sept.-Oct. 1985, at 37 Google Scholar; and his article in Canadian Perspectives, supra note 72.