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Articles 1 - 7 of 7
Full-Text Articles in Law
Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot
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 …
International Labor Law And Its Others: Governance By Norm Versus Governance By Knowledge, Liam Mchugh-Russell
International Labor Law And Its Others: Governance By Norm Versus Governance By Knowledge, Liam Mchugh-Russell
Articles, Book Chapters, & Popular Press
This essay explores how such “governance by knowledge” interacts with international law’s “governance by norm,” through a case study of the World Bank’s Doing Business project and the International Labour Organization (ILO)’s responses to it. I contend that Doing Business ultimately rests on “bad science,” and thus offers a potent illustration of the power wielded by actors who claim “technical” knowledge. I argue that those who fail to engage with the technicalities of the knowledge claims that ground projects like Doing Business, and who instead meet such projects primarily through the idiom of (international) legal normativity, may have already lost …
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Section 81 in the Indian Act, RSC 1985, c I-5, contains a broad range of subject matters over which Band Councils may pass by-laws. To date, this provision has been underutilized by most First Nation governments. One of the main reasons for this relates to the fact that, for over a hundred years, the Indian Act gave the federal government the power to disallow any such by-laws and Canada historically took a narrow view of the expanse of the Section 81 by-law powers and exercised its disallowance power broadly. Recent amendments to the Indian Act, however, have repealed this …
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Section 81 in the Indian Act, RSC 1985, c I-5, contains a broad range of subject matters over which Band Councils may pass by-laws. To date, this provision has been underutilized by most First Nation governments. One of the main reasons for this relates to the fact that, for over a hundred years, the Indian Act gave the federal government the power to disallow any such by-laws and Canada historically took a narrow view of the expanse of the Section 81 by-law powers and exercised its disallowance power broadly. Recent amendments to the Indian Act, however, have repealed this disallowance …
Offshore Renewable Energy Governance In Nova Scotia: A Case Study Of Tidal Energy In The Bay Of Fundy, Meinhard Doelle
Offshore Renewable Energy Governance In Nova Scotia: A Case Study Of Tidal Energy In The Bay Of Fundy, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article considers the governance approach (including the legislative context, the regulatory system and relevant policy context) to offshore renewable energy developments in Nova Scotia, with a focus on tidal energy in the Bay of Fundy. It explores applicable regulatory processes at the federal and provincial levels as well as the contribution of strategic environmental assessments carried out in 2008 and updated in 2013. The article assesses the ability of the current governance approach to encourage integrated decision making that considers environmental, social and economic factors, such as various environmental impacts and benefits, energy security, economic development opportunities, interaction with …
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Toward A Jurisprudence Of Drug Regulation, Matthew Herder
Articles, Book Chapters, & Popular Press
Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials — whether positive (i.e. product approvals) or negative (i.e. abandoned products, product refusals, and withdrawals) — are …
A New Regulatory Framework For Low-Impact/High-Value Aquaculture In Nova Scotia, Meinhard Doelle, William Lahey
A New Regulatory Framework For Low-Impact/High-Value Aquaculture In Nova Scotia, Meinhard Doelle, William Lahey
Reports & Public Policy Documents
The report is the result of a detailed assessment of aquaculture regulations in Nova Scotia. It proposes a new regulatory framework for the Nova Scotia aquaculture industry based on the principles of effectiveness, openness, transparency, accountability, proportionality, integration, and precaution. The report is based on a 18 months independent review of the industry and how it is regulated, as well as various forms of engagement with the public and key stakeholders. The report draws on regulatory practice in key jurisdictions around the world, including Scotland, Chile, the US, and other provinces in Canada.