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Full-Text Articles in Law
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
Articles, Book Chapters, & Popular Press
In line with global trends, there has been an increase in human rights-based climate litigation brought in Canadian courts in recent years. Some litigants invoke human rights as found in the Canadian Charter of Rights and Freedoms to push federal and provincial governments to take seriously the implementation of their climate obligations. Other litigants invoke procedural environmental human rights to engage in free speech and peaceful protest in the face of government action supporting fossil fuel consumption or expansion. At the same time, the Supreme Court of Canada has recognized that Canadian courts could develop civil remedies for corporate violations …
Climate Change And The Human Rights Responsibilities Of Business Enterprises, Sara L. Seck
Climate Change And The Human Rights Responsibilities Of Business Enterprises, Sara L. Seck
Articles, Book Chapters, & Popular Press
The causes of climate change and solutions to it are inherently tied to non-state actors, including businesses. As multinational business enterprises are at the heart of global emissions, historical and current, it is vital to understand how the attribution of climate change impacts goes beyond the responsibilities of states. The first lawsuits targeting companies have begun. Meanwhile, businesses are increasingly focused on sustainability at different levels of their organizations, including by endorsement of business responsibilities for human rights. What independent responsibilities do business enterprises have when they undertake to respect the human rights of those who are vulnerable to climate …
Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe
Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe
Responsible Business Conduct and Impact Assessment Law
This Evidence Brief provides a concise overview of the April 2020 report, Sara Seck & Penelope Simons, "Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement" (Draft Final Report for the SSHRC Knowledge Synthesis Grant: Informing Best Practices in Environmental and Impact Assessments, 13 April 2020).
Human Rights And The Impact Assessment Act: Proponents And Consultants As Duty Bearers, Adebayo Majekolagbe, Sara L. Seck, Penelope Simons
Human Rights And The Impact Assessment Act: Proponents And Consultants As Duty Bearers, Adebayo Majekolagbe, Sara L. Seck, Penelope Simons
Responsible Business Conduct and Impact Assessment Law
This chapter is the pre-publication version of a contribution to a book on the new federal Impact Assessment Act (IAA), and builds upon the research conducted for the SSHRC KSG on responsible business conduct and the IAA. We highlight the role of proponents and their consultants as human rights duty bearers and recommend the integration of human rights approaches into impact assessment processes under the IAA.
Home State Obligations For The Prevention And Remediation Of Transnational Harm: Canada, Global Mining And Local Communities, Sara Seck
Articles, Book Chapters, & Popular Press
Canadian mining companies, stock exchanges, mining professionals, and the Canadian government itself, play a significant role in global mining. This unpublished PhD dissertation, completed in January 2008, explores whether Canada has a legal obligation to regulate to prevent and remedy human rights and environmental harm associated with Canadian mining companies operating abroad. Canada and global mining serve as a case study to explore the broader question of whether home states have obligations under international environmental and human rights law. The key claims examined in this dissertation are as follows. First, the exercise of unilateral home state jurisdiction over transnational corporate …