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Full-Text Articles in Law
Loss & Damage From Climate Change: A Maturing Concept In Climate Law?, Meinhard Doelle, Sara Seck
Loss & Damage From Climate Change: A Maturing Concept In Climate Law?, Meinhard Doelle, Sara Seck
Articles, Book Chapters, & Popular Press
In this article we examine legal perspectives on recovery for harm caused by climate related loss and damage. We start by discussing the meaning of loss and damage, and its relationship to climate mitigation and adaptation. We then consider, at a conceptual level, how those harmed by loss and damage from human induced climate change may pursue remedies against those who have contributed to the harm suffered.
Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime, Keith Macmaster
Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime, Keith Macmaster
Articles, Book Chapters, & Popular Press
This article will focus on liabilities for the Area and examine the question of liability for the various actors involved, including contractors/operators who carry out the exploitation of resources, sponsoring States, flag States, and the International Seabed Authority. It is necessary to analyze the current state of liability provisions, should environmental damage occur in the Area. The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary. Unfortunately, as will be shown in this article, there are still extensive unknowns in the legal landscape. This article will investigate two areas of liability: …
From Smokes To Smokestacks: Lessons From Tobacco For The Future Of Climate Change Liability, Martin Zp Olszynski, Sharon Mascher, Meinhard Doelle
From Smokes To Smokestacks: Lessons From Tobacco For The Future Of Climate Change Liability, Martin Zp Olszynski, Sharon Mascher, Meinhard Doelle
Articles, Book Chapters, & Popular Press
In this article, we imagine a future Canada (circa 2030) wherein the world has managed to avoid the worst climate change but nevertheless has begun to experience considerable warming. Governments of all levels, but especially provincial ones, are incurring unprecedented costs to mitigate the effects of climate change and to adapt to new and uncertain climatic regimes. We then consider how legislatures might respond to these challenges. In our view, the answer may lie in the unprecedented story of tobacco liability, and especially the promulgation in the late 1990s of provincial legislation specifically designed to enable provinces to recover the …
Guiding Patrons To Online Health Information: Can Librarians Be Found Liable?, Elaine Gibson
Guiding Patrons To Online Health Information: Can Librarians Be Found Liable?, Elaine Gibson
Articles, Book Chapters, & Popular Press
The amount of health information available on the Internet is growing rapidly and information intermediaries are increasingly being asked to help information seekers find and make sense of this information. This activity is for the most part benign from a legal perspective. However, there is a small possibility that, should the intermediary steer an information seeker to information that proves harmful to the seeker, the intermediary may be found liable for injuries incurred. In this paper, we examine the theoretical underpinnings of the relevant laws, clarify the risks, and recommend ways to minimize risk.
Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie
Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie
Innis Christie Collection
In the course of his judgement in the Posluns case Gale J., now the Chief Justice of the High Court of Ontario, thus defined the tort of inducing breach of contract. The Posluns case was an action by a stockbroker against the Toronto Stock Exchange, but it is in the context of trade disputes, especially in cases of picketing, that the tort of inducing breach of contract is significant in Canada. In the confused fact situations arising out of trade disputes Canadian courts have not always been as careful as was Gale J. to identify each of the elements of …