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Documents on Canadian External Relations
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Volume #13 - 417. | |
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CHAPTER VIII UNITED NATIONS | |
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PART
6 INTERNATIONAL COURT OF JUSTICE | |
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417. |
DEA/5004-C-40 |
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Memorandum front Head, Legal Division, to Under-Secretary of State for External Affairs | |
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Ottawa,
March 31st, 1947 | |
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INTERNATIONAL COURT — ACCEPTANCE OF COMPULSORY JURISDICTION | |
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Although Canada has formally raised the question on a Commonwealth basis, none of the other Commonwealth countries has shown any desire to make a new declaration accepting the jurisdiction of the International Court, or to reduce the existing reservations. The attached dispatch from Canada House indicates the United Kingdom view.† 2. The question now arises whether Canada might not contemplate unilateral action in this regard. 3. I incline increasingly to the view that Canada should take an early opportunity to make a fresh declaration accepting the jurisdiction of the Court without any reservations whatever.. Presumably, we would have to inform the other Commonwealth Governments of our proposal, thus giving them an opportunity of expressing objection. It is difficult to see, however, how objection could properly be taken. 4. As you know, the great majority of delegations at San Francisco favoured unqualified acceptance of the Court's jurisdiction. If we could take the action suggested at an early date, it would, I think, be well received both in Canada and in the U.N. Moreover, it would be politically helpful in September at the General Assembly, in view of Canada's candidacy for the Security Council. 5. I believe the Minister might be inclined to favour our proceeding in the manner indicated. If you agree, I could attempt a memo to Mr. St. Laurent.76 E.R. HOPKINS 76 Notes marginales:/Marginal notes: | |
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