Claude Emanuelli, a real expert
in International Law

In these times of globalization, international law plays an important role in the development of relationships between states. Claude Emanuelli, professor in the Faculty of Law, Civil Law section, has dedicated much of his career to the study and practice of Public International Law, Private International Law, and International Humanitarian Law (IHL). His international background provides him with an acute sense of law in its most global perspective: he studied law in France at the Université de Nice, in the United-States at New York University, and in Canada at the University of Toronto. He has taught both common and civil law, in both official languages, in the provinces of New-Brunswick, Québec, and Ontario.

He is often called by the provincial government of Québec and the Canadian federal government to advise government officials on issues dealing with Public as well as Private International Law. His expertise in International Humanitarian Law has brought him to work closely with the Canadian Red Cross and the International Committee of the Red Cross. Currently, professor Emanuelli, represents the Canadian Red Cross on a national committee addressing the implementation of International Humanitarian Law in Canada.

In 1995, Emanuelli, organized a one day colloquium entitled "Blue Helmets: Policemen or Combatants?". Guest speakers included high ranking officials from the National Defence Head Quarters (NDHQ) such as General Maurice Baril and high officials from the International Committee of the Red Cross (ICRC). The colloquium addressed the debate regarding the status of UN troupes vis à vis regulations on International Humanitarian Law. The position of Canada's military is that UN troops engaged in peace missions are not bound by IHL. The Canadian military claims that applying IHL to peace missions would compromise their safety in terms of non-combatants - they are not to be targets, prisoners, nor victims. Emanuelli explains that the position of the Canadian military works in theory but not in practice, one only needs to look at the events that occurred in Bosnia and Somalia.

The colloquium provided a forum for an ongoing debate between the UN and the ICRC. In the end, members of both parties maintained their position: the UN, as well as the Canadian Military maintain that UN troupes involved in peace keeping missions are not bound by IHL, while the ICRC insists that they are. The deliberations are available in the publication "Blue Helmets: Policemen or Combatants?" published by Collection Bleue (1997).

More recently, Emanuelli has completed the third edition of his text book "Public International Law" and is in the process of writing a new text book on Private International Law. This fall, Emanuelli will be teaching Private International Law to common and civil law students, and also to civil servants from the department of Justice. Private International Law is of great importance to Canadians because of the dual juridical system. It is important for individuals dealing with legal issues, in government or in private practice, to understand how laws interact when two systems are at play in one particular case.

Emanuelli's international background combined with his multiple professional activities are an immense asset to students studying law at U of O. Emanuelli provides future lawyers with various perspectives on many issues studied in class, ensuring that our graduates appreciate the diversity of Canadian law and its applications in a global context.