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Full-Text Articles in Law

The Abstract Subject Of The Climate Migrant: Displaced By The Rising Tides Of The Green Energy Economy, Dayna Scott, Adrian A. Smith Jul 2018

The Abstract Subject Of The Climate Migrant: Displaced By The Rising Tides Of The Green Energy Economy, Dayna Scott, Adrian A. Smith

Dayna N. Scott

A controversial proposal to build the mammoth ‘Site C’ dam on the Peace River in northwestern Canada offers an opportunity to explore the intersections of climate and migration issues under debate in international environmental governance circles. Site C threatens to flood traditional fishing spots and traplines of Indigenous peoples in the name of the ‘green energy’ economy. We consider how people displaced by renewable energy projects justified as climate mitigation policies might constitute a different kind of ‘climate refugee’ in that they are ‘displaced without moving’ – the connections between the land and the people are severed to the extent …


“Sacrifice Zones” In The Green Energy Economy: Toward An Environmental Justice Framework, Dayna Scott, Adrian A. Smith Jul 2018

“Sacrifice Zones” In The Green Energy Economy: Toward An Environmental Justice Framework, Dayna Scott, Adrian A. Smith

Dayna N. Scott

The environmental justice movement validates the grassroots struggles of residents of places which Steve Lerner refers to as “sacrifice zones”: low-income and racialized communities shouldering more than their fair share of environmental harms related to pollution, contamination, toxic waste, and heavy industry. On this account, disparities in wealth and power, often inscribed and re-inscribed through social processes of racialization, are understood to produce disparities in environmental burdens. Here, we attempt to understand how these dynamics are shifting in the green energy economy under settler colonial capitalism. We consider the possibility that the political economy of green energy contains its own …


Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott Mar 2016

Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott

Dayna N. Scott

The structure of the mechanisms in the Kyoto Protocol with respect to "carbon sinks," may be integrated so as to place incentives on national governments that counter recent progress made towards the preservation of old-growth forests. A focus on the element carbon fails to recognize values other than sequestration that standing forests can provide. For example, an approach that strictly seeks to increase the rate of fixation of atmospheric carbon will favour replacing old-growth forests with monocultural plantations of trees. The international community, in implementing these mechanisms, may frustrate other environmental initiatives such as the conservation of endangered species habitat …


Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott Mar 2016

Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott

Dayna N. Scott

The structure of the mechanisms in the Kyoto Protocol with respect to "carbon sinks," may be integrated so as to place incentives on national governments that counter recent progress made towards the preservation of old-growth forests. A focus on the element carbon fails to recognize values other than sequestration that standing forests can provide. For example, an approach that strictly seeks to increase the rate of fixation of atmospheric carbon will favour replacing old-growth forests with monocultural plantations of trees. The international community, in implementing these mechanisms, may frustrate other environmental initiatives such as the conservation of endangered species habitat …


Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott Mar 2016

Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott

Dayna N. Scott

No abstract provided.


Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott Oct 2015

Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School hosts "Law's Slow Violence Workshop" with Rob Nixon, Rachel Carson Professor of English from the University of Wisconsin. With a response from Professor Dayna Scott of Osgoode Hall Law School.


Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott Oct 2015

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Dayna N. Scott

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …


Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott Oct 2015

Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School Professor Dayna Scott employs the concept of "networked infrastructures" drawn from the literature in critical geography to reveal the environmental justice implications of the coast-to-coast crude oil network that is currently being contemplated in Canada. Her talk was delivered on January 30, 2013 as part of the Osgoode Faculty Research Seminar Series.


Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott Oct 2015

Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott

Dayna N. Scott

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …