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Donald M. McRae
Donald M. McRae
Emeritus professor

FRSC
LL.B. (Otago)
LL.M. (Otago)
Dipl.Int.Law (Cant.)



Biography

Professor McRae joined the Faculty of Law in 1987 where he served as Dean of the Common Law Section until 1994.  Currently, he teaches contracts,  international law, international trade law, and law of the sea.  He is also an adjunct professor at the Norman Paterson School of International Affairs at Carleton University.  He was formerly Professor and Associate Dean at the University of British Columbia.

Professor McRae was elected to the International Law Commission in 2006.  He was awarded the Canadian Council on International Law鈥檚 John E. Read Medal in 2003 and made a Fellow of the Royal Society of Canada in 2002.

Professional Experience

  • Appeared as counsel in Magistrates and Supreme Courts, Dunedin, New Zealand, 1966-68
  • Consultant to the Joint Committee of the B.C. Branch of the Canadian Bar Association and the Law Society of B.C. in the preparation of a pilot programme for the certification of specialists in the legal profession in British Columbia, 1976-77
  • Consultant to the Intergovernmental Oceanographic Commission (IOC) of UNESCO, 1979
  • Adviser to the Department of External Affairs, Government of Canada, on various international legal issues, 1979-92
  • Counsellor, International Law, Department of External Affairs, 1983-86
  • Counsel for Canada in Fisheries Arbitration (Canada/France), 1985-86
  • Special Observer to the Canadian Delegation to the 41st Session of the General Assembly, 1986
  • Consultant to United Nations Under Secretary for Law of the Sea on High Seas Fisheries Issues (1991), and on State Practice on the Law of the Sea since 1982, (1992)
  • Special Investigator for Canadian Human Rights Commission on complaints brought by Innu Nation against the Government of Canada, 1992-93, 2001-2002
  • Member of the Permanent Court of Arbitration, 1998-
  • Chief Negotiator for Canada for the Pacific Salmon Treaty, 1998-99
  • Counsel to the Government of New Zealand on international trade law issues including cases before the WTO, 1998-
  • Special Legal Adviser to North American Commission on Environmental Cooperation, 2002-
  • Co-Chair Joint Task Group established by the Government of Canada and the
  • Government of British Columbia on Post-Treaty Fisheries, 2003-2004

Maritime Boundary Experience

  • Consultant to the Government of British Columbia on the law of the sea (1973) and west coast maritime boundaries (1977-82)
  • Senior Legal Adviser to the Agent for Canada in the Gulf of Maine maritime boundary case (Canada/United States), 1983-84
  • Consultant to International Centre for Ocean Development, Government of Kiribati, Organization of Eastern Caribbean States, Government of Western Samoa, and the Government of Namibia on maritime delimitation, 1987-88
  • Counsel for Canada in Canada-France Arbitration over St. Pierre and Miquelon Maritime Boundary, l991-92
  • Adviser to the Province of Newfoundland and Labrador on maritime boundary matters, 1996- 2000
  • Agent and Counsel for Newfoundland and Labrador in the Newfoundland and Labrador-Nova Scotia Maritime Boundary Dispute and Arbitration 2000-2002
  • Adviser to the Government of New Zealand on maritime boundary issues 2000-2005
  • Counsel to Republic of Suriname before arbitral tribunal in Guyana v. Suriname 2006

Trade and Investment Law Experience

  • Member of Chapter l8 Roster of Panelists Canada-United States Free Trade Agreement, 1993-
  • Member of Chapter 19 Roster of Panelists, NAFTA 1994-
  • Chair, Dispute-Settlement Panel on Salmon and Herring (first Panel set up under Chapter 18 of the Canada-U.S. Free Trade Agreement) 1989
  • Chair, Dispute Settlem ent Panel set up under U.S.-Israel Free Trade Agreement, 1990-91
  • Member, Dispute Settlement Panel set up under Chapter 18, Canada-United States Free Trade    Agreement (Non-Mortgage Interest), 1992
  • Member, Dispute Settlement Panel set up under Chapter l9, Canada-United States Free Trade     Agreement (Softwood Lumber Injury) 1993
  • Member of Indicative List of Panelists under WTO Dispute Settlement Understanding, 1996-
  • Member, Dispute Settlement Panel set up under Chapter 20, North American Free Trade Agreement (Supply Management) 1996
  • Adviser to the Government of New Zealand on international trade law matters, 1997-

Counsel to New Zealand Government in the following WTO cases:

  • EC-Measures Affecting Butter Products;
  • Canada-Measures Affecting the Importation of Milk and the Exportation of Dairy Products
  • United States-Safeguard Measures on Imports of Fresh, Chilled and Frozen Lamb Meat from New Zealand and Australia
  • United States-Safeguard Measures on Steel and Steel Products
  • Australia-Measures Affecting the Importation of Apples (current)
  • Counsel to Canadian Government in NAFTA Chapter 11 case: Pope & Talbot Inc. and the Government of Canada
  • Member WTO Dispute Settlement Panel United States-Rules of Origin
  • Adviser to Government of Morocco on FTA negotiations with the United States, 2003-2004
  • Member WTO Panel on EC-Measures Affecting Trade in Commercial Vessels 2004-2005
  • Member WTO Panel on Brazil-Retreaded Tyres 2006- 2007
  • Member WTO Panel on US-Tyres from China 2010-
  • Adviser to Government of Morocco on other FTA negotiations 2008-2009
  • Member NAFTA Chapter 11 tribunal Cargill v. Mexico, 2006- 2009 (Nominated by Respondent)
  • President ICSID tribunal, European Cement v. Turkey, 2007- 2009 (Appointed by ICSID)
  • Member ICSID tribunal, Trans-Global v. Jordan, 2008-2009 (Nominated by Claimant)
  • Member ICSID tribunal Bosh v.