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Statement of President Oonagh E. Fitzgerald of the International Law Association of Canada on Maintaining, Defending and Advancing the International Rule of Law

Writer: ILA CanadaILA Canada


The International Law Association of Canada (ILA-Canada) is the Canadian branch of the International Law Association (ILA).

 

Founded in 1873, the ILA promotes "the study, clarification and development of international law, both public and private, and the furtherance of international understanding and respect for international law."[1] Through dialogue and collaborative research on matters of international law the ILA fosters friendly relations between nations.

 

ILA-Canada stands in solidarity with States, international organizations, and law teachers and practitioners around the world expressing deep concern for maintaining, defending and advancing international rule of law.[2]

 

We affirm our continued commitment to promoting the peaceful coexistence and cooperation of nations through international rule of law.

 

 We affirm the principles stated in the 1945 Charter of the United Nations[3] (Charter) that affirm the dignity, worth and equality of the human person, and the equality of nations large and small. The Charter provides a framework and institutions for maintaining international peace and security and facilitating the peaceful settlement of disputes, for developing “friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”, and for enabling international cooperation for the economic and social advancement of all peoples.[4]

 

We support the core principles which have shaped our rules-based international order, including the sovereign equality of all Member States, that all Member States fulfil in good faith their obligations under the Charter, “settle their international disputes by peaceful means”,  and “refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”.[5] Another core principle for functioning of international rule of law is that “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”[6]

 

We recognize how international solidarity and cooperation in maintaining a rules-based international order contribute to advancing the well-being of all peoples, all States, and our planet. For over 80 years the United Nations has contributed significantly to the architecture of treaties and institutions that support peaceful international cooperation on economic, social and environmental matters, and promote sustainable development. In September 2024 the Members of the UN General Assembly reaffirmed their “unwavering commitment to act in accordance with international law,” and to uphold the principles and purposes of the Charter. [7]

 

We emphasize that international law provides a framework for respectful, cooperative and friendly relations between sovereign States, and for finding common ground and resolving disputes peacefully. Respect for international law is of the utmost importance in ensuring peace, security and sustainable prosperity and human rights for all.


[1] Constitution of the International Law Association, adopted 77th Conference, 2016, https://www.ila-hq.org/en/documents/constitution-english-adopted-johannesburg-2016-2, accessed 3 March 2025.

[2] We acknowledge and support statements on international rule of law recently made by the American Branch of the International Law Association, The American Society of International Law, and the Canadian Council of International Law.

[3] United Nations, Charter of the United Nations, 1945, 1 UNTS XVI, https://treaties.un.org/doc/Publication/CTC/uncharter-all-lang.pdf, accessed 4 March 2025 .

[4] These purposes are set out in UN, Charter of the United Nations, Article 1, subparagraphs 1-4.

[5] These obligations are set out in UN, Charter of the United Nations, Article 2, subparagraphs 1-4.

[6] Vienna Convention on the Law of Treaties, 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980), https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf Article 26 “Pacta sunt servanda”, accessed 4 March 2025.

[7] UN General Assembly, Pact for the Future, https://www.un.org/pga/wp-content/uploads/sites/109/2024/09/The-Pact-for-the-Future-final.pdf September, 2024, accessed 25 February 2025.

 
 
 

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