The Uses and Abuses of Party Autonomy in International Contracts

Abstract

This article is adapted from the 17th Annual Ivan C. Memorial Lecture delivered at UNB on 4 February 2010. Of his many and varied accomplishments, Ivan C. is perhaps most famously known for the Rand formula, the principle that all employees of a unionized workplace, in the interests of preserving union stability and security, must pay union dues, whether they choose to be members of the union or not. The extent to which individual free will is or should be subordinated to larger social and economic policy goals is very much at the centre of this article.