Arnold Duncan McNair, 1st Baron McNair (4 March 1885 – 22 May 1975) was a British jurist and judge of the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

and later the first president of the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

Early life and education

McNair was born in

Highbury Fields Highbury Fields is an open space in Highbury, in the London Borough of Islington. At 11.75 hectares (29 acres), it is the largest open space in the borough. It extends north from Highbury Corner almost as far as Highbury Barn. As well as parkla ...

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

. The eldest son of John McNair and Jeannie Ballantyne; his mother was a teacher and his father a member of

Lloyd's Lloyd's of London, generally known simply as Lloyd's, is an insurance and reinsurance market located in London, England. Unlike most of its competitors in the industry, it is not an insurance company; rather, Lloyd's is a corporate body gov ...

. McNair was educated at

Aldenham School Aldenham School is a co-educational independent school for pupils aged eleven to eighteen, located between Elstree and the village of Aldenham in Hertfordshire, England. There is also a preparatory school for pupils from the ages of five to ele ...

. He left school at 17 to join his sick uncle who was a solicitor; he took his solicitor exams and qualified as a solicitor in 1906. After four years, his uncle's health improved and McNair applied to the

University of Cambridge The University of Cambridge is a public collegiate research university in Cambridge, England. Founded in 1209 and granted a royal charter by Henry III in 1231, Cambridge is the world's third oldest surviving university and one of its most pr ...

. He was accepted and won a classical scholarship for

Gonville and Caius College, Cambridge Gonville and Caius College, often referred to simply as Caius ( ), is a constituent college of the University of Cambridge in Cambridge, England. Founded in 1348, it is the fourth-oldest of the University of Cambridge's 31 colleges and one of t ...

; he took the law

tripos At the University of Cambridge, a Tripos (, plural 'Triposes') is any of the examinations that qualify an undergraduate for a bachelor's degree or the courses taken by a student to prepare for these. For example, an undergraduate studying mathe ...

in 1907 and 1908. While at Cambridge, he developed a close relationship with

W. W. Buckland William Warwick Buckland, Fellow of the British Academy, FBA (11 June 1859 – 16 January 1946) was a scholar of Roman law, Regius Professor of Civil Law (Cambridge), Regius Professor of Civil Law at the University of Cambridge from 1914 to 1945. ...

. He achieved a double first in both parts of the law

. From Cambridge, he took an

LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

in 1909, an

LLM A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...

in 1913, an MA in 1919 and an LLD in 1925. From 1907 to 1908 he was Secretary of

Cambridge University Liberal Club Cambridge University Liberal Association (CULA) is the student branch of the Liberal Democrats for students at Cambridge University. It is the successor to the Cambridge Student Liberal Democrats, which in turn was formed from the merger of Cam ...

, and in 1909 he was

President of the Cambridge Union This is a list of presidents of Cambridge Union since its foundation in 1815. 1815–1916 It was resolved at a Private Business Meeting held on Monday, May 8, 1916, to hold no elections for terminal officers in the Easter Term, nor subsequentl ...

Career

McNair moved to London to practise as a solicitor. However, Buckland went to London to offer McNair a lectureship and

fellow A fellow is a concept whose exact meaning depends on context. In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements. Within the context of higher education ...

ship at Caius College in 1912, which was accepted. He later became senior tutor. During the

First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

, he worked under the coal controller, serving as secretary to the

Sankey Commission The Coal Industry Commission Act 1919 (c 1) was an Act of Parliament of the United Kingdom, which set up a commission, led by Mr Justice Sankey (and so known as the "Sankey Commission"), to consider joint management or nationalisation of the coal ...

in 1919. In 1917, he was called to the bar at

Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...

. He was reader in international law at the

University of London The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree ...

from 1926 to 1927. He was appointed Tagore Professor at the

University of Calcutta The University of Calcutta (informally known as Calcutta University; CU) is a public collegiate state university in India, located in Kolkata, West Bengal, India. Considered one of best state research university all over India every year, ...

in 1931. In 1935 he was appointed

Whewell Professor of International Law The Whewell Professorship of International Law is a professorship in the University of Cambridge. The Professorship was established in 1868 by the will of the 19th-century scientist and moral philosopher, William Whewell, with a view to devising ...

at Cambridge. However, he left the chair in 1937 to become Vice-Chancellor of

Liverpool University , mottoeng = These days of peace foster learning , established = 1881 – University College Liverpool1884 – affiliated to the federal Victoria Universityhttp://www.legislation.gov.uk/ukla/2004/4 University of Manchester Act 200 ...

where he remained until 1945. when he returned to Cambridge to take up the position of professor of

comparative law Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the ...

. He was offered the position of

master Master or masters may refer to: Ranks or titles * Ascended master, a term used in the Theosophical religious tradition to refer to spiritually enlightened beings who in past incarnations were ordinary humans *Grandmaster (chess), National Master ...

of Caius, but declined it in favour of joining the

. His interest was in the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

and he lectured on

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

at Cambridge, though he was most notable as an international law expert. R. Y. Jennings said McNair was of the opinion that international lawyers must first become experts in private law in order to ensure legal actions are founded in "hard law" rather than speculation.

International court appointments

McNair was elected a judge of the

The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...

in 1945, a post he held until 1955; he was also president of the Court from 1952 to 1955. He later served as the first President of the

at Strasbourg from 1959 to 1965.

Personal life

Lord McNair married Marjorie Bailhache (1887–1971), a social worker and daughter of Sir Clement Bailhache, in 1912. They had one son and three daughters. McNair's wife died in 1971 and he in 1975, aged 90. He was succeeded in the barony by his son, Clement John McNair.

Honours

McNair was created a

CBE The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...

in 1918 and knighted and made a King's Counsel in 1943. In 1955 he was raised to the peerage as Baron McNair, of Gleniffer in the County of Renfrew. He received an honorary DCL from Oxford and LLD from the

University of Glasgow , image = UofG Coat of Arms.png , image_size = 150px , caption = Coat of arms Flag , latin_name = Universitas Glasguensis , motto = la, Via, Veritas, Vita , ...

University of Liverpool , mottoeng = These days of peace foster learning , established = 1881 – University College Liverpool1884 – affiliated to the federal Victoria Universityhttp://www.legislation.gov.uk/ukla/2004/4 University of Manchester Act 200 ...

and

University of Birmingham The University of Birmingham (informally Birmingham University) is a Public university, public research university located in Edgbaston, Birmingham, United Kingdom. It received its royal charter in 1900 as a successor to Queen's College, Birmingha ...

. He received an honorary

DLitt Doctor of Letters (D.Litt., Litt.D., Latin: ' or ') is a terminal degree in the humanities that, depending on the country, is a higher doctorate after the Doctor of Philosophy (Ph.D.) degree or equivalent to a higher doctorate, such as the Doctor ...

from the

University of Reading The University of Reading is a public university in Reading, Berkshire, England. It was founded in 1892 as University College, Reading, a University of Oxford extension college. The institution received the power to grant its own degrees in 192 ...

Notes

References

* * *Remarks of Former ICJ President Stephen M. Schwebel durin
Discussion
an
Dinner
a
the 25th Anniversary Conference of the Lauterpacht Centre for International Law
o
11-12 July 2008

External links

* * {{DEFAULTSORT:McNair, Arnold International law scholars McNair, Arnold Duncan McNair, 1st Baron McNair, Arnold Duncan, 1st Baron Presidents of the European Court of Human Rights People educated at Aldenham School McNair, Arnold Duncan McNair, 1st Baron Members of Gray's Inn McNair, Arnold Duncan McNair, 1st Baron 20th-century English judges Commanders of the Order of the British Empire Fellows of Gonville and Caius College, Cambridge Fellows of the British Academy Alumni of Gonville and Caius College, Cambridge Vice-Chancellors of the University of Liverpool Whewell Professors of International Law British judges of United Nations courts and tribunals British judges of international courts and tribunals Hereditary barons created by Elizabeth II