THE AUTHOR EXPLAINS THE SPECIFIC WAY BY WHICH INTERNATIONAL LAW BECOMES PART OF ENGLISH LAW. THERE IS A DIFFERENCE BETWEEN THE WAY IN WHICH INTERNATIONAL TREATIES BECOME ENGLISH LAW, AS THEY REPRESENT THE PEROGATIVE OF THE CROWN AND REQUIRE ENABLING LEGISLATION BY PARLIAMENT. THERE IS A GREAT DIVERSITY OF OPINION REGARDING GENERAL PRINCIPLES OF INTERNATIONAL LAW AMONGST LEGAL SCHOLARS. MODERN DOCTRINE FAVORS AN APPROACH MORE PRAGMATIC THAN THEORETICAL.
The international joint commission bas historically possessed the characteristics of an international organization; by reason of the capacities that it exercises, it has a certain measure of international personality; and, consequently, on the municipal plane, it has the capacity to be sued. It is therefore necessary, on the principle of effectiveness, that the Commission and its employees be immune from suit. In the United States, the Commission and its employees were granted immunities in 1948. In Canada, the Commission alone was granted immunities in 1976. It will be argued here that immunities should now also be granted to all commissioners, staff, and experts in Canada, in view of the standing of the Commission as an international organization possessing international personality, with consequences for municipal law.