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Sustainable Seabed Mining And The Phase 1 Environmental Standards And Guidelines, Keith Macmaster

Articles, Book Chapters, & Popular Press

The oceans are home to a rich diversity of plant and animal life and a source of food and marine resources that drive economies. Climate change and pollution are changing ocean dynamics and the ability to support life. Seabed mining in areas beyond national jurisdiction will add to the ocean's stressors and could cause severe environmental damage. The International Seabed Authority (“ISA”) is mandated to manage access to and benefits from the seabed, its subsoil and mineral resources in areas beyond national jurisdiction (the “Area”). Although the United Nations Convention on the Law of the Sea sets out the legal …

Introduction: Responding To A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Viatcheslav Gavrilov, David Vanderzwaag, Susan J. Rolston

Articles, Book Chapters, & Popular Press

This article is the guest editors' introduction to the special series entitled Responding to a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges.

Canadian And Russian Fisheries Management In The Arctic: Complexities, Commonalities And Contrasts, David Vanderzwaag, Vitalii Vorobev, Olga Koubrak

Articles, Book Chapters, & Popular Press

This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and …

Study On The Implementation Of Indigenous Rights Based Fisheries, Constance Macintosh

Reports & Public Policy Documents

Thank you once again for inviting me to speak with you on March 22, 2022. It was an honour. I really appreciated the questions that members posed, and the dialogue. As per your request, I am providing my core recommendations for you to consider as you develop your report on implementing the Indigenous rights-based fishery.

Social Equity Is Key To Sustainable Ocean Governance, Katherine M. Crosman, Edward H. Allison, Yoshitaka Ota, Andrés M. Cisneros-Montemayor, Gerald G. Singh, Wilf Swartz, Megan Bailey, Kate M. Barclay, Grant Blume, Mathieu Colléter, Michael Fabinyi, Elaine M. Faustman, Russell Fielding, P. Joshua Griffin, Quentin Hanich, Harriet Harden-Davies, Ryan P. Kelly, Tiff-Annie Kenny, Terrie Klinger, John N. Kittinger, Katrina Nakamura, Annet P. Pauwelussen, Sherry Pictou, Chris Rothschild, Katherine L. Seto, Ana K. Spalding

Articles, Book Chapters, & Popular Press

Calls to address social equity in ocean governance are expanding. Yet ‘equity’ is seldom clearly defined. Here we present a framework to support contextually-informed assessment of equity in ocean governance. Guiding questions include: (1) Where and (2) Why is equity being examined? (3) Equity for or amongst Whom? (4) What is being distributed? (5) When is equity considered? And (6) How do governance structures impact equity? The framework supports consistent operationalization of equity, challenges oversimplification, and allows evaluation of progress. It is a step toward securing the equitable ocean governance already reflected in national and international commitments.

Navigating The Structural Coherence Of Sea Life, Aldo Chircop, Philip Steinberg, Greta Ferloni, Claudio Aporta, Gavin Bridge, Kate Coddington, Stuart Elden, Stephanie C. Kane, Timo Koivurova, Jessica Shadian, Anna Stammler-Gossmann

Articles, Book Chapters, & Popular Press

Ice breaking by ships can cause irreparable harm to the ecologies and cultures of northern regions. This chapter revolves around a central question: what are the barriers preventing the development of a legal mechanism to limit this act of environmental violence? The chapter suggests that the central barrier is not so much legal as it is ontological: foundational conceptions of space that underpin Western legal institutions are unable to value the form of water, reducing it instead to an ed space that is used for movement or resource extraction. This chapter demonstrates how a consideration of the environmental violence of …

How Icebreaking Governance Interacts With Inuit Rights And Livelihoods In Nunavut: A Policy Review, Breanna Bishop, Jade Owen, Lisette Wilson, Tagalik Eccles, Aldo Chircop, Lucia Fanning

Articles, Book Chapters, & Popular Press

Sea ice is a contested space when it comes to navigation in ice-covered regions. For Inuit in Nunavut, Canada, sea ice is an integral platform of coastal connectivity, allowing access to areas of subsistence and cultural value. For vessels transiting Arctic waters, sea ice poses potential risks to vessel, crew, and passenger safety consequently, icebreaking is considered an essential service. Yet, many communities in Nunavut have described icebreaking as having, or potentially having significant negative impacts on community and ecological wellbeing. Several policies regulate and provide guidance to icebreakers operating in ice-covered waters. With anticipated increases to icebreaking demand in …

Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, Sherry Pictou, Janet Conway, Angela Day

Reports & Public Policy Documents

This report is a summary of the Grandmothers/Defenders’ stories and are interwoven with corresponding news articles, press releases, and other public documents. This is followed by an overview of some of the critical common issues and importantly, strategies for moving forward proposed by the Grandmothers/Defenders.

The Grandmother’s Report is a collection of stories told by Wolastoqiyik Grandmother/Defenders against the Sisson Mine in New Brunswick and Mi’kmaq Grandmothers against the Alton Gas project in Nova Scotia at the event, Indigenous Grandmothers Sharing and Learning Circle: Generating Knowledge for Action, held at the Tatamagouche Centre in Nova Scotia, January 26 to 27, …

International Working Group On Polar Shipping: Report To The Executive Council And Assembly Of The Comité Maritime International, Aldo Chircop

Reports & Public Policy Documents

This report covers the reporting period from 1 November 2020 to 31 May 2021. The IWG Chair acknowledges updates provided by the subgroup chairs. The IWG continues to operate through three subgroups, namely on Antarctic Shipping (chaired by David Baker), COLREGS in Polar Environments (chaired by Stefanie Johnston) and Cruise Passengers’ Rights (chaired by Lars Rosenberg Overby). While progress has been made, unfortunately the prolonged COVID-19 pandemic has continued to affect aspects of the IWG’s work.

Regulating Wave, Tidal And Ocean Thermal Energy, Meinhard Doelle, Theodore Nsoe Adimazoya

Articles, Book Chapters, & Popular Press

Ocean renewable energy sources hold the potential to contribute to the options of low-carbon energy sources and enhance the efforts by the global community to slow down climate change. In this Chapter, we provide a brief background on the current state of technology and development of wave, tidal and ocean thermal energy and consider their potential as forms of renewable energy as well as the potential negative environmental footprints of ocean renewable energy installation and development. Secondly, we examine the relevant international legal and policy framework governing ocean energy, highlighting in particular, the absence of a global legal instrument that …

Integrating Climate Change Into Environmental Impact Assessments: Key Design Elements, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper explores the integration of climate mitigation into the environmental impact assessment processes. The focus here is on the much neglected mitigation element (which is defined to include GHG emissions as well as impacts on natural sinks such as forests, soils, grasslands and oceans). To this end, the paper considers how to integrate the GHG emission and sinks impacts of projects at five critical stages of the assessment process: triggering, information gathering, analysis, the project decision, and post-approval follow-up.

Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This article is the Introduction to the Special Feature entitled: Canada and Transboundary Fisheries Management in Changing Oceans: Taking Stock, Future Scenarios. We summarize the research context of the four papers in the Special Feature.

The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop

Articles, Book Chapters, & Popular Press

Since the International Maritime Organization’s (IMO) ban on the use and carriage for use of heavy fuel oil (HFO) for ships operating in Antarctic waters came into effect in 2011, the international community has been engaged in a discourse on whether to adopt a similar standard for ships operating in Arctic waters. The issues are complex as, in addition to reducing the environmental risks posed by HFOs, there are economic and social consequences, including dependence on such fuels by Indigenous peoples. The discourse has involved the IMO, the Arctic Council, industry associations, environmental nongovernmental organizations, and Indigenous peoples. The issue …

The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop

Articles, Book Chapters, & Popular Press

Since the adoption of Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973/78, the International Maritime Organization has gradually expanded the scope of ship emission regulation to include VOCs, SOx, NOx, particulate matter and, more recently, greenhouse gas emissions. This regulatory effort has not been integrated and displays some inconsistency and even fragmentation, resulting in different levels of environment protection for different regions and even potential conflicts between standards. The regulation of use and carriage of heavy sulphur fuel oil may lead to increase of clean fuel use and thereby produce more CO2 emissions. Designation …

Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot

Articles, Book Chapters, & Popular Press

This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …

Sustaining Canadian Marine Biodiversity: Policy And Statutory Progress, Jeffrey A. Hutchings, Julia K. Baum, Susanna D. Fuller, Josh Laughren, David Vanderzwaag

Articles, Book Chapters, & Popular Press

A 2012 Expert Panel Report on marine biodiversity by the Royal Society of Canada (RSC) concluded that Canada faced significant challenges in achieving sustainable fisheries, regulating aquacul- ture, and accounting for climate change. Relative to many countries, progress by Canada in fulfilling international obligations to sustain biodiversity was deemed poor. To track progress by Canada since 2012, the RSC struck a committee to track policy and statutory developments on matters pertaining to marine biodiversity and to identify policy challenges, and leading options for implementation that lie ahead. The report by the Policy Briefing Committee is presented here. It concluded that …

Impacts Of The Changing Ocean-Sea Ice System On The Key Forage Fish Arctic Cod (Boreogadus Saida) And Subsistence Fisheries In The Western Canadian Arctic—Evaluating Linked Climate, Ecosystem And Economic (Cee) Models, Nadja S. Steiner, William W. L. Cheung, Andres M. Cisneros-Montemayor, Helen Drost, Hakase Hayashida, Carie Hoover, Jen Lam, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This study synthesizes results from observations, laboratory experiments and models to showcase how the integration of scientific methods and indigenous knowledge can improve our understanding of (a) past and projected changes in environmental conditions and marine species; (b) their effects on social and ecological systems in the respective communities; and (c) support management and planning tools for climate change adaptation and mitigation. The study links climate-ecosystem-economic (CEE) models and discusses uncertainties within those tools. The example focuses on the key forage species in the Inuvialuit Settlement Region (Western Canadian Arctic), i.e., Arctic cod (Boreogadus saida). Arctic cod can be …

Advancing Research For The Management Of Long-Lived Species: A Case Study On The Greenland Shark, Jena E. Edwards, Elizabeth Hiltz, Franziska Broell, Peter G. Bushnell, Steven E. Campana, Jørgen S. Christiansen, Brynn M. Devine, Jeffrey J. Gallant, Kevin J. Hedges, M. Aaron Macneil, Bailey C. Mcmeans, Julius Nielsen, Kim Præbel, Gregory B. Skomal, John F. Steffensen, Ryan P. Walter, Yuuki Y. Watanabe, David Vanderzwaag, Nigel E. Hussey

Articles, Book Chapters, & Popular Press

Long-lived species share life history traits such as slow growth, late maturity, and low fecundity, which lead to slow recovery rates and increase a population’s vulnerability to disturbance. The Greenland shark (Somniosus microcephalus) has recently been recognized as the world’s longest-lived vertebrate, but many questions regarding its biology, physiology, and ecology remain unanswered. Here we review how current and future research will fill knowledge gaps about the Greenland shark and provide an overall framework to guide research and management priorities for this species. Key advances include the potential for specialized aging techniques and demographic studies to shed light …

Call For Inputs: Climate Change And Human Rights: A Safe Climate, Sara L. Seck, Lisa Benjamin

Articles, Book Chapters, & Popular Press

There is now global agreement that human rights norms apply to the full spectrum of environmental issues, including climate change. The previous Special Rapporteur on human rights and the environment, Mr. John Knox, developed Framework Principles on Human Rights and the Environment that set forth three sets of duties that engage both States and businesses: procedural obligations; substantive obligations; and obligations relating to those in vulnerable situations.

The current Special Rapporteur on human rights and the environment, Mr. David Boyd, is working to provide additional clarity regarding the substantive obligations relating to a range of elements that are essential to …

Submission: 2018 Legislative Review Of Export Development Canada, Sara Seck, Keith Macmaster, Penelope Simons

Articles, Book Chapters, & Popular Press

This submission to the 2018 review of Export Development Canada is informed in part by a conference and policy meeting that we hosted in October 2017 on the subject of extractive industries and the human rights of women and girls, at the Human Rights Resource Education Centre in Ottawa. This submission will reflect on some of the insights that emerged from the conference and policy meeting, as well as our own prior and subsequent research. Our submission will focus primarily on Theme 5: Corporate Social Responsibility and Human Rights, which asks whether, in fulfilling its mandate, EDC reflects the expectations …

An Independent Review Of Forest Practices In Nova Scotia: Executive Summary Conclusions And Recommendations, William Lahey Prof.

Reports & Public Policy Documents

My mandate was to make recommendations on forest practices that would, if implemented, balance environmental, social, and economic objectives, which I have interpreted to include values. My conclusion is that environmental, social, and economic values should be balanced by using forest practices that give priority to protecting and enhancing ecosystems and biodiversity.

In other words, I have concluded that protecting ecosystems and biodiversity should not be balanced against other objectives and values as if they were of equal weight or importance to those other objectives or values. Instead, protecting and enhancing ecosystems should be the objective (the outcome) of how …

Annex 6: Changing Ocean Impacts On The Key Forage Fish Species Arctic Cod In The Western Canadian Arctic – Linking Climate Model Projections To Subsistence Fisheries, Nadja Steiner, William W. L. Cheung, Helen Drost, Carie Hoover, Jen Lam, Lisa Miller, Andres M. Cisneros-Montemayor, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai

Reports & Public Policy Documents

This annex highlights the results of a study focusing on the potential impacts of ocean acidification and other climate- related stressors on marine species relevant for subsistence fisheries in the Western Arctic Bioregion. The study uses a knowledge co-production approach developed in the form of a multi-step process based on a combination of modelling and analysis tools including the Scientific Method and Indigenous Traditional Knowledge (Figure A6.1). Once all steps have been completed, uncertainties can be estimated and improvements can be made either with respect to the individual steps or to the linkages between them. The process can then be …

Review Of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage By Penelope Simons And Audrey Macklin, Sara Seck

Articles, Book Chapters, & Popular Press

The Governance Gap is a long-awaited contribution to the literature, advocating a stronger role for home state governments in the regulation of extractive companies operating abroad. Tis book arises from the experience of the authors as members of the Harker Commission on human security in the Sudan in the late 1990s.3 Written by Penelope Simons4 and Audrey Macklin,5 Te Governance Gap provides a detailed case study of Canadian company Talisman Energy Inc. and its operations in the Sudan between 1998 and 2003—a period during which the Sudan was “in the midst of a violent civil war” and Talisman was operating …

Home State Responsibility And Local Communities: The Case Of Global Mining, Sara Seck

Articles, Book Chapters, & Popular Press

Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …

The Potential Impact Of Aboriginal Title On Aquaculture Policy, Diana Ginn

Articles, Book Chapters, & Popular Press

This chapter discusses the potential impact of aboriginal property rights on the development of aquaculture policy by considering whether such rights could provide a basis for First Nation peoples to participate in aquaculture or to manage the participation of others in this industry. The purpose of the chapter is to describe the relevant law as it now stands, to identify issues that have not yet been decided and to consider how the courts might approach such issues in the future.