Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Proceeding With (Pre)Caution: Environmental Principles As Interpretive Tools In Applications For Pre-Trial Injunctions, Heather Mcleod-Kilmurray
Proceeding With (Pre)Caution: Environmental Principles As Interpretive Tools In Applications For Pre-Trial Injunctions, Heather Mcleod-Kilmurray
Dalhousie Law Journal
In many cases of imminent environmental harm, a trial may take years. To prevent harm in the meantime, pre-trial injunctions are essential. The author highlights the important role of interlocutory injunctions in Canadian environmental litigation, uncovers the judicial assumptions and attitudes toward the environment which these decisions reveal, and proposes a precautionary approach to interpreting the interlocutory injunction test in environmental cases. She argues that prevailing judicial attitudes and presumptions in relation to environmental claims often negatively influence how the discretionary elements in procedural rules governing pre-trial injunctions are applied. Although there has been much analysis of principles such as …
Marine Protected Areas: Legal Framework For The Gully Off The Coast Of Nova Scotia (Canada), Paul Mcnab, David Vanderzwaag
Marine Protected Areas: Legal Framework For The Gully Off The Coast Of Nova Scotia (Canada), Paul Mcnab, David Vanderzwaag
Articles, Book Chapters, & Popular Press
The Gully, a submarine canyon hosting a rich diversity of marine life off Nova Scotia, was designated in 2004 under Canada’s Oceans Act 1996 as a marine protected area (MPA). This case study reviews the Gully MPA legal and management framework through a five-part discussion. First described is the overall Canadian law and policy context for establishing MPAs. Next, specific legislative and regulatory provisions governing the Gully MPA are summarized including the three types of management zones adopted, ranging from strict preservation to multi-use. Management approaches to control human activities in and around the MPA are then described, with a …
Shifting Focus: Towards Outcome-Based Policy And Regulation Making For Maritime Safety And Vessel-Source Pollution In Canada, Aldo Chircop, Eric Machum
Shifting Focus: Towards Outcome-Based Policy And Regulation Making For Maritime Safety And Vessel-Source Pollution In Canada, Aldo Chircop, Eric Machum
Articles, Book Chapters, & Popular Press
A recent publication concluded that “... Canadian water transportation policy is a history of: laissez faire; protection, financing and subsidization; government operation, ownership and privatization; expanded protection; commercialization; and a market oriented philosophy.” Consistent with this larger policy process, subsidiary policy and regulation making for maritime safety and vessel-source pollution in Canada have followed the roller-coaster pattern, punctuated by parallel milestones.
Canada, The Eu And Arctic Ocean Governance: A Tangled And Shifting Seascape And Future Directions, David Vanderzwaag, Timo Koivurova, Erik J. Molenaar
Canada, The Eu And Arctic Ocean Governance: A Tangled And Shifting Seascape And Future Directions, David Vanderzwaag, Timo Koivurova, Erik J. Molenaar
Articles, Book Chapters, & Popular Press
The objective of this paper is to examine (in a historical perspective) the roles of the European Union (EU) and Canada in governance and regulation of human activities in the Arctic Ocean. Section two describes the existing “tangled” nature of governance in the Arctic with a focus on law of the sea, approaches and challenges in the region, as well as on EU and Canadian participation in the activities of the Arctic Council. The “shifting seascape” in governance is next highlighted in section three with a review of increasing calls for change from scholars and other groups, recent governance initiatives …