Judicial Notice and Reception Theory: Thoughts on the Contribution of Ronald St. John Macdonald

In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 40, S. 251-264

Abstract

SummaryOn the occasion of a conference in honour of Ronald St. John Macdonald, the author revisits Macdonald's important 1974 article "The Relationship between International Law and Domestic Law in Canada." Macdonald's discussion of the judicial notice of international law by Canadian courts is considered in light of recent case law. In particular, the practice of international lawyers giving expert evidence on international law is criticized as inconsistent with the doctrine of judicial notice. Finally, the author reflects on Macdonald's view that a theoretical framework is needed to explain the reception of international law in the law of Canada