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At Global Affairs Canada in 2023
Published online by Cambridge University Press: 05 February 2025
Extract
Convention on International Civil Aviation — Convention on International Liability for Damage Caused by Space Objects — Annex 15 to the Convention on International Civil Aviation — Aeronautical Information Services, 16th edition
Information
- Type
- Canadian Practice in International Law/Pratique canadienne en matière de droit international
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 61 , November 2024 , pp. 383 - 410
- Copyright
- © The Canadian Yearbook of International Law/Annuaire canadien de droit international 2025
Footnotes
The extracts from official correspondence contained in this survey have been made available by courtesy of Global Affairs Canada. Some of the correspondence from which extracts are given was provided for the general guidance of the enquirer in relation to specific facts that are often not described in full in the extracts within this compilation. The statements of law and practice should not necessarily be regarded as definitive.
References
1 Vienna Convention on Diplomatic Relations, 18 April 1961, 500 UNTS 95, Can TS 1966 No 29 (entered into force 24 April 1964, accession by Canada 25 June 1966) [VCDR].
3 The term “receiving State” is the term of art used in the VCDR to describe the host State, that is the State which receives foreign Embassies or High Commissions in its territory.
4 Denza, Eileen, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations, 4th ed (Oxford: Oxford University Press, 2016)CrossRefGoogle Scholar at 79.
5 Ibid., at 80.
6 Ibid., at 79–80.
7 Vienna Convention on the Law of Treaties, 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980; accession by Canada 14 October 1970) [VCLT]. See Article 31 on “General rule of interpretation,” and in particular Article 31.1, from which the cited language is taken.
10 The term “sending State” is the term of art used in the VCDR to describe the country which has a diplomatic representation in a foreign State. i.e. an Embassy or High Commission is the representation in a foreign country of a sending State. Contrast this with the “receiving State,” which, as described above, is the host State in which a diplomatic mission is located.
11 Prime Minister Trudeau’s statement before Parliament cited in the following article: <https://www.cbc.ca/news/politics/trudeau-indian-government-nijjar-1.6970498#:~:text=%22Canadian%20security%20agencies%20have%20been,to%20the%20House%20of%20Commons>.
13 Ibid.
14 SC 1991, c 41.
15 Ibid., at s 2(2).
16 By virtue of Article 39.2 VCDR, a former diplomatic agent will only retain immunity in the foreign country in respect of official functions as a member of the mission. They will no longer have immunity for acts carried out in their personal capacity.
17 VCDR, supra note 1, Article 32.
18 Ibid., Articles 30 and 31.
19 Riehle, Kevin P., “Soviet and Russian Diplomatic Expulsions: How Many and Why?”, (2023) 37:4 International Journal of Intelligence and CounterIntelligence 1238 CrossRefGoogle Scholar, at 1247. See CIA, “Costa Rica Intelligence Overview, for specific numbers of expelled diplomats,” available at: <https://www.cia.gov/readingroom/docs/CIA-RDP84B00049R000400680012-6.pdf>. See INA, « 5 avril 1983: la France expulse 47 diplomates russes soupçonnés d’espionnage », available at: <https://www.ina.fr/ina-eclaire-actu/5-avril-1983-la-france-expulse-47-diplomates-russes-soupconnes-d-espionnage>.
20 Riehle, supra note 19, at 1239.
21 See <https://www.theguardian.com/world/2010/sep/27/britain-expels-90-soviet-spies>. See also Denza, supra note 4, at 81.
22 Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Application (Ukraine), [26 February 2022], [Ukraine Application] <https://www.icj-cij.org/public/files/case-related/182/182-20220227-APP-01-00-BI.pdf>.
23 Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, 78 UNTS 277 (entered into force on 12 January 1951; ratification by Canada on 3 September 1952) [Genocide Convention].
24 Ukraine Application, supra note 1, at 4, 8-12.
25 Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Preliminary Objections (Russia), [1 October 2022] <https://www.icj-cij.org/sites/default/files/case-related/182/182-20221003-wri-01-00-en.pdf>.
26 Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Joint Declaration of Intervention Pursuant to Article 63 of the Statute of the Court (Canada and the Netherlands), [7 December 2022] <https://www.icj-cij.org/sites/default/files/case-related/182/182-20221207-WRI-02-00-EN.pdf>.
27 Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Admissibility of the Declarations of Intervention, Order of 5 June 2023, [5 June 2023] <https://www.icj-cij.org/sites/default/files/case-related/182/182-20230605-ORD-01-00-EN.pdf>.
28 Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Written Observations Pursuant to Article 63 of the Statute of the Court (Canada and the Netherlands), [5 July 2023], [Canada and the Netherlands’ Written Observations] <https://www.icj-cij.org/sites/default/files/case-related/182/182-20230705-wri-09-00-en.pdf>.
29 Genocide Convention, supra note 2, Article IX.
30 Canada and the Netherlands’ Written Observations, supra note 5, at 4.
31 Ibid.
32 Genocide Convention, supra note 2, Article IX.
33 Allegations of Genocide Under the Convention on the Prevention and Punishment of the Crime of Genocide, Preliminary Measures, Judgement of 2 February 2024 <https://www.icj-cij.org/sites/default/files/case-related/182/182-20240202-jud-01-00-en.pdf>.
34 Allegations of Genocide Under the Convention on the Prevention and Punishment of the Crime of Genocide, Fixing of Time-limits, Order of 2 February 2024, at 2 <https://www.icj-cij.org/sites/default/files/case-related/182/182-20240202-ord-01-00-en.pdf>.
35 Joint Application Instituting Proceedings Concerning a Dispute under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syria), Joint Application, [8 June 2023] <https://www.icj-cij.org/sites/default/files/case-related/188/188-20230608-APP-01-00-EN.pdf>; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987; ratified by Canada on 24 June 1987) [Convention against Torture].
36 Request for the Indication of Provisional Measures Further to the Joint Application Instituting Proceedings Concerning a Dispute under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syria), Request for Provisional Measures, [8 June 2023] <https://www.icj-cij.org/sites/default/files/case-related/188/188-20230608-REQ-01-00-EN.pdf>.
37 International Court of Justice, “Conclusion of the Public Hearing Held on Tuesday 10 October 2023”, Unofficial Press Release (10 October 2023) <https://www.icj-cij.org/sites/default/files/case-related/188/188-20231010-pre-01-00-en.pdf>.
38 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, [2020] ICJ Rep 3, at 12, para 26.
39 Allegations of Genocide Under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), Provisional Measures, Order of 16 March 2022, [2022] ICJ Rep 211, at 224, para 51 [Ukraine v. Russian Federation]; Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan), Provisional Measures, Order of 22 February 2023, [2023] ICJ Rep 14, at 21, para 28 [Armenia v. Azerbaijan].
40 Armenia v. Azerbaijan, supra note 5, at para 46; Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America), Provisional Measures, Order of 3 October 2018, [2018] ICJ Rep 623, at 645–646, para 78 [Islamic Republic of Iran v. United States of America].
41 Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic), Provisional Measures, Order of 16 November 2023, [Canada and Netherlands v. Syria] <https://www.icj-cij.org/sites/default/files/case-related/188/188-20231116-ord-01-00-en.pdf>.
42 Ibid., at paras 20-47.
43 Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), Judgment, [2012] ICJ Rep 422 at 449, para 68.
44 Canada and Netherlands v. Syria, supra note 10, at paras 48–51.
45 Ibid., at paras 52–63.
46 Ibid., at paras 63–75.
47 Ibid., at para 83.
48 Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic), Fixing of Time-limits, Order of 1 February 2024, at 2 <https://www.icj-cij.org/sites/default/files/case-related/188/188-20240202-ord-01-00-en.pdf>.
49 United Nations Convention on the Law of the Sea, 10 December 1982, 1883 UNTS 397 (entered into force 16 November 1994; ratification by Canada on 7 November 2003) [Convention].
50 International Tribunal for the Law of the Sea, Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law [COSIS Advisory Opinion], online: <https://www.itlos.org/en/main/cases/list-of-cases/request-for-an-advisory-opinion-submitted-by-the-commission-of-small-island-states-on-climate-change-and-international-law-request-for-advisory-opinion-submitted-to-the-tribunal/>.
51 International Tribunal for the Law of the Sea, Order 2022/4, online: <https://www.itlos.org/fileadmin/itlos/documents/cases/31/C31_Order_2022-4_16.12.2022_01.pdf>.
52 International Tribunal for the Law of the Sea, Order 2023/1, online: <https://www.itlos.org/fileadmin/itlos/documents/cases/31/C31_Order_2023-1_15.02.2023_Readable.pdf>.
53 Convention, supra note 1, Arts 207 and 212.
54 For the purposes of its submission, Canada used the term International Climate Change regime to include the three multilateral climate change treaties. The United Nations Framework Convention on Climate Change, 9 May 1992, 1771 UNTS 107 (entered into force 1 March 1994; ratification by Canada on 4 December 1992) [UNFCCC]; the Kyoto Protocol to the United Nations Framework Convention on Climate Change, 11 December 1997, 2303 UNTS 162 (entered into force 16 February 2005; ratification by Canada on 17 December 2002) [Kyoto Protocol]; and the Paris Agreement to the United Nations Framework Convention on Climate Change, 12 December 2015, 3156 UNTS 88 (entered into force 4 November 2016; ratification by Canada on 5 October 2016) [Paris Agreement]; and the outputs of their governing bodies.
55 For example, compliance with Article 4(1), Article 4(2) and Article 4(3) of the Paris Agreement could be one indicator of State compliance with obligations under Articles 207 and 212 of the Convention.
56 Nordquist, Myron H, Nandan, Satya and Rosenne, Shabtai (eds), United Nations Convention on the Law of the Sea Online (Leiden: Nijhoff, 2013)Google Scholar at para 194.10 (10) [Virginia Commentary].
57 Ibid.