Abstract
Is it possible that public international law has relevance for the relations among entities other than those endowed with international personality? This matter is explored below with limited attention to normative content, since dealing therewith entails a far-reaching search into reports of national judicial decisions and other legal materials that cannot be compressed into available time and space.
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References
See T. Mathiesen, Across the Boundaries of Organizations (Oslo, 1971), esp. pp. 97 – 103 on the problems of those engaged in external communications when they attempt to disseminate information within an agency.
Ch. Dupuis, Le droit des gens et les rapports des grandes Puissances avec les au tre s Etats avant le pacte de la Soci é t é des Nations (Paris, 1921) p. 7.
For a conceptualization of legal systems as reflections of a society’s subgroups so that a multiplicity of legal systems exist, perhaps in conflict, with no guarantee that the center of power is at the level of the most inclusive social group, see L. Pospisil, “Legal Levels and Multiplicity of Legal Systems in Human Society,” 11 Journal of Conflict Resolution 1967 pp. 2 – 26.
R.B. McNee, “Central-Centripetal Forces in International Petroleum Regions,” 51 Annals, Association of American Geographers 1961 pp. 124 – 138.
F.K. Berrien, General and Social Systems (New Brunswick, N.J., 1968), ch. X.
On the possibilities in Australia, despite judicial decisions seeming to suggest that there are no rules peculiar to intergovernmental relations other than those relevant to the exercise of political or governmental powers, see Enid Campbell, “Suits Between the Governments of a Federation,” 6 Sydney Law Review 1971 pp. 326, 331, 334.
The Hurtige Harte (1801) 3 C. Rob. 324; The Helena (1801) 4 C. Rob. 3 at 6; The Madonna del Burso (1802) 4 C. Rob. 169 at 172.
1973 Neue Juristische Wochenschrift p. 1539 at 1542, col. 2.
N.P. Hepworth, The Finance of Local Government (4th ed., London, 1978) pp. 36 – 37; The Economist (8 – 14 March 1980) p. 67, (15 – 21 March 1980), pp. 60 – 61, (7 – 13 November 1981) pp. 71 – 72,(14 – 20 November 1981) p. 65.
E.g., the “Keep It Local” campaign of the Association of Metropolitan Authorities, coordinated by Roger Neville seconded from Newcastle upon Tyne, was announced through press releases dated 13 October 1981.
Lord Redcliffe-Maud and B. Wood, English Local Government Reformed (London, 1974) ch. 10.
L. Erades and W.L. Gould, The Relation Between International Law and Municipal Law in the Netherlands and in the United States (Leiden, 1961) pp. 351, 358, 368 – 369, 393 – 413, 455, 457. The types of United States treaties that were held to be in conflict with and superseded by subsequent Acts of Congress were bilateral treaties dealing with commerce, aliens, Indian affairs, custom duties and taxation.
67 AJIL (1973) p. 559, with commentary by S.A. Riesenfeld at pp. 504 – 508. For a systematic approach to the general problem, see H.F. van Panhuys, “Conflicts Between the Law of the European Communities and Other Rules of International Law,” 7 Common Market Law Review (1965 – 66) pp. 420 – 449.
But not in the sense of a body with voluntary membership and right of withdrawal (secession) as in the case of the League of Nations and its American local analogue, Councils of Governments of which cities, counties, and possibly school districts can be members. M.B. Mogulof, Governing Metropolitan Areas (Washington, 1971); N. Wikstr ö m, Councils of Governments (Chicago, 1977).
See, e.g., Report of the Royal Commission on Metropolitan Toronto, vol. 2, Detailed Findings and Recommendations (June 1977) pp. 127 – 133.
Morin is Vice President of the Canadian Branch of the International Law Association.
D.S. Wright, Understanding Intergovermental Relations (North Scituate, Mass., 1978) pp. 7 – 8, 237 – 244; Gerard Veilleux, “Involution des m é canismes de liaison intergouverne-mentale,” in R. Simeon (ed.), Confrontation and Collaboration — Intergovernmental Relations in Canada Today (Toronto, 1979) pp. 35 – 77; Don Stevenson, “The Role of Intergovernmental Conferences in the Decision-Making Process,” ibid., esp. pp. 94 – 95 on provincial-municipal liaison in Ontario.
R.F. Swanson, “Intergovernmental Relations at the State/Provincial Level,” in Swan-son (ed.), Intergovernmental Perspectives on the Canada — U.S. Relationship (New York, 1978) pp. 221 – 265.
Michigan Compiled Laws, 1970, vol. I, sees. 3.31 – 3.41.
Michigan Statutes Annotated, 1977 revision, sees. 4.128, 4.129.
Swanson, op.cit., pp. 235 – 236, 248 – 249, 265.
For an example of extended bargaining proceedings, in this case between the City of Seattle and the Province of British Columbia over raising the height of a dam and flooding 5000 acres of the Skagit River Valley in British Columbia, see The Globe and Mail (Toronto), February 16, 1982.
Swanson, op. cit., pp. 225 – 231, 261 – 262 notes 3, 7, 9.
The constitutional problem for a federal government is illustrated by Attorney General for Canada v. Attorney General for Ontario [1937] AC 326.
See J. — G. Castel, International Law (3rd ed., Toronto, 1976) pp. 923 – 929.
W.L. Gould and M. Barkun, International Law and the Social Sciences (Princeton, 1970) pp. 200 – 205.
93 S. Ct. 1215 at 1219 – 1220.
Rhode Island v. Massachusetts (1846) 4 Howard 591; Indiana v. Kentucky (1890) 136 U.S. 479, supporting the precedent of Rhode Island v. Massachusetts by using quotations from Vattel and Wheaton.
Convention between Baden-W ü rttemberg, ß avaria, Austria, and Switzerland concerning the Protection of the Waters of Lake Constance, October 10, 1960; State of Georgia v. Tennessee Copper Company and Duck town Sulphur, Copper and Iron Company, Limited (1907) 206 U.S. 230, in which the Supreme Court, describing Georgia’s capacity as that of a “quasi-sovereign”, noted that the state had tried in vain to obtain relief from the State of Tennessee; New Jersey v. City of New York (1931) 283 U.S. 473.
Wyoming v. Colorado (1922) 259 U.S. 419; Washington v. Oregon (1936) 297 U.S. 622.
Bremen v. Bavaria, 3 Annual Digest (1925 – 6), np. 266.
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Gould, W.L. (1983). International Law and Subnational Intergovernmental Law: Some Relationships. In: Essays on International & Comparative Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-1468-6_5
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