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Articles 1 - 17 of 17
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Towards Effective Governance Of Marine Geoengineering In West Africa: Aligning With Global And Regional Best Practices, Abdul Hafez Mahamah
Towards Effective Governance Of Marine Geoengineering In West Africa: Aligning With Global And Regional Best Practices, Abdul Hafez Mahamah
LLM Theses
The impacts of climate change have compelled humanity to produce innovative ways of counteracting this phenomenon. Marine geoengineering technologies are regarded as an avenue to forestall climate change. However, these technologies pose a danger to the environment and threaten the survival of living organisms and humanity. The deployment of these technologies could exacerbate the adverse impacts that climate change has on the environment. Using doctrinal, legal history, and comparative legal analysis, this thesis studies how West Africa can ensure the effective governance of marine geoengineering activities in the subregion. The study examines the global and selected regional governance regimes and …
The Right To Development And Climate Justice: The Nigerian Approach, Ikeanibe Chiamaka Cynthia
The Right To Development And Climate Justice: The Nigerian Approach, Ikeanibe Chiamaka Cynthia
LLM Theses
The individual concepts of the right to development and climate justice have been the subject of much literature. However, the intersection of both concepts remains an emerging discourse. This thesis considers how the implementation of each of the two independent concepts affects the full actualization of the other. It situates itself within the Nigerian jurisdiction to analyse how the implementation of the right to development hinders the attainment of climate justice and vice versa. It argues that the weak response to climate change has impacted the right of the people to reach optimum development. It further argues that the basic …
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
LLM Theses
Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …
Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston
Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston
LLM Theses
This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …
An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo
An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo
LLM Theses
Climate change litigation is a viable tool in the fight against climate change. For the past 2 decades, climate litigation has largely been based on torts and administrative law. However, courts have recently been quite receptive to human rights arguments in climate cases, thereby necessitating recognition of the human rights approach as an important facet of climate litigation. It is important for intergenerational equity to be integrated into the human rights approach to climate change. One of the major benefits of intergenerational equity to the human rights approach is its potential to catalyze the recognition of the right to a …
Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe
Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe
LLM Theses
The 1992 Rio Outcome articulates what is arguably, to date, the most ambitious North–South environmentally sound technology (EST) transfer aspirations. Yet, 26 years post-Rio, Africa remains at the lowest rung of the global EST deployment totem. Departing from talking-points like the connection of EST transfer and intellectual property rights, this research focuses on the normative underpinnings of the history, processes and dynamics of UNFCCC’s EST transfer regime. Using a ‘reconsidered’ Third World Approach to International Law approach and its accompanying historical research methodology, the thesis seeks to track landmarks in UNFCCC’s EST transfer regime evolution and the impacts of a …
The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh
The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh
LLM Theses
The thesis has two objectives. The first (and central) objective is to examine the Community Court of Justice of the Economic Community of West African States, or ECOWAS Court (a sub-regional international court in West Africa), and its role within the West African region, especially how the Court has served as a resource for the Activist Forces that operate in the sub-region, in their pursuit of Environmental and Socioeconomic Justice in Nigeria. The second goal of this thesis, which is ancillary to the first, is to investigate the Courts jurisprudence in three landmark cases: SERAP v. Nigeria & Anor (2010); …
A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak
LLM Theses
Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …
Contesting Risk, Precaution And Legitimacy: A Case Study Of Lafarge, Savitri Vasanta Gordian
Contesting Risk, Precaution And Legitimacy: A Case Study Of Lafarge, Savitri Vasanta Gordian
LLM Theses
This thesis examines debates about the precautionary principle in a tribunal and judicial review proceeding where environmental groups and individuals challenged a proposal to burn tires and other non-traditional fuel sources at a cement plant in Ontario, Canada. Chapter 1 explores scholarship on the precautionary principle and outlines the unique analytical contributions offered by administrative constitutionalism theory. Chapter 2 sets out the case study methodology employed by the author. Chapter 3 explains the legislative context. In chapters 4 through 9, each participant’s arguments are analyzed in relation to the two paradigms of administrative constitutionalism: Rational-Instrumentalist and Deliberative-Constitutive. This thesis establishes …
Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal
Ballast Water Management Convention, 2004: Towards Combating Unintentional Transfer Of Harmful Aquatic Organisms And Pathogens, Sabitiyu Abosede Lawal
LLM Theses
The introduction of harmful aquatic organisms and pathogens transferred through ships' ballast water and sediments from one coastal region to another has ecological, economic, environmental, and human impacts. The international community, through numerous binding and non-binding instruments, also sought to combat this problem. Ultimately, the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 was adopted by the International Maritime Organization as the dedicated legal regime intended to prevent, control and ultimately eradicate the introduction and spread of harmful aquatic organisms and pathogens through ships' ballast water and sediments. By its Regulations, the Convention sets …
A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish
A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish
LLM Theses
The study's main purpose is to propose a governance framework that meets the priority of sustainable development for the regulation of offshore renewable resources in the OECS region. The study develops an analytical framework for evaluating the recently adopted Round 3 model of governance for the regulation of offshore wind and other marine activities in the United Kingdom. The focus is on the licensing procedures applicable to offshore wind development. Thereafter, the study examines the appropriateness of the application of the Round 3 model to the regulation of marine renewables in the OECS, and makes recommendations in that regard. Additionally, …
The Citizen Submission Process Of The North American Commission For Environmental Cooperation, Jaime Miguel Carreno-Martinez
The Citizen Submission Process Of The North American Commission For Environmental Cooperation, Jaime Miguel Carreno-Martinez
LLM Theses
In order to address the environmental concerns raised by the existence of a continent-wide free trade zone, the North American Free Trade Agreement (NAFTA), Canada, United States and Mexico created an environmental side agreement, the North American Agreement for Environmental Cooperation (NAAEC). NAAEC established the Commission for Environmental Cooperation (CEC), a trilateral body created to help the NAFTA Parties achieve the goal of free trade while at the same time avoiding or lessening environmental industrial degradation. Although imperfect, the NAAEC embodies several processes that were innovative. The key innovation is the Citizen Submission Process that allows citizens and NGOs to …
Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic
Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic
LLM Theses
The multimodal transport of dangerous goods is a high risk enterprise for the participants, the public, and public and private property. This study examines the lack of congruency of safety and environmental protection rules which govern the international transport of dangerous goods, along with the concurrent progressive efforts of the international community to ensure global and inter-modal harmonization of these rules. It discusses their inadequacy and proposes a solution. The analysis of the existing rules, fragmented along modal and geographical fines, shows that they do not sufficiently introduce the safety, environmental protection and liability considerations into the legal regime governing …
International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez
International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez
LLM Theses
A review of the legal regime governing the shipments of radioactive materials reveals an array of preventive and emergency measures as well as liability and compensation measures. The legal regime, however, does not provide any voice to all potentially affected entities, particularly developing Coastal States and the marine environment. The legal regime must be transformed in order to take the above interests into consideration. Any reform in the legal system must start with an evaluation of the ethics and philosophy underlying the system. Understanding the ethical and philosophical basis of the legal regime contributes to the formulation of recommendations for …
What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling
What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling
LLM Theses
This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …
Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge
Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge
LLM Theses
This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …
Effective Environmental Enforcement: The Missing Link To Achieving Sustainable Development, Linda Francis Duncan
Effective Environmental Enforcement: The Missing Link To Achieving Sustainable Development, Linda Francis Duncan
LLM Theses
In response to the emergence of sustainable development as the dominant environmental and economic paradigm, a number of mechanisms have been developed to assist in the implementation of these principles. Examples of these "super" instruments abound--market measures, eco-covenants, joint implementation and voluntary compliance. Appreciably less enthusiasm has been dedicated to capacity building for other more traditional tools prescribed by international laws. Counted among the disregarded tools is the widely maligned and misunderstood role of enforcement. This thesis argues that the potential for effecting innovative reforms may be significantly threatened by an underlying misunderstanding and failed appreciation of the critical role …