Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Regulating Greenhouse Gases In Canada: Constitutional And Policy Dimensions, Robin Elliot, Shi-Ling Hsu Jan 2009

Regulating Greenhouse Gases In Canada: Constitutional And Policy Dimensions, Robin Elliot, Shi-Ling Hsu

Faculty Publications (Emeriti)

Canada's greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol to reduce greenhouse gas emissions, and that rise has continued through Canada's 2002 ratification of the Protocol. Constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases, as well as economic dislocation. This article critically evaluates the constitutional arguments, and examines the policy considerations of various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian Constitution does not present any significant barriers to federal or provincial regulation, and that policy ...


Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson Jan 2009

Beyond A Politics Of The Possible? South-North Relations And Climate Justice, Karin Mickelson

Faculty Publications

This symposium’s issue on ‘Climate Justice and International Environmental Law: Rethinking the North–South Divide’ asks contributors to explore the intersection between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. In relation to the former, the author posits that there appears to be a profound disconnect between the law and the politics of climate change, one that reflects a broader disconnect between those who view the challenge posed by climate change through an ethical lens, and those ...


The Private Life Of Environmental Treaties, Natasha Affolder Jan 2009

The Private Life Of Environmental Treaties, Natasha Affolder

Faculty Publications

The gravitational pull of environmental treaties is felt not only by states. Yet international lawyers almost exclusively focus on states to explain treaty compliance, measure treaty implementation, and assess treaty effectiveness. This essay draws attention to a phenomenon that falls outside traditional boundaries of treaty analysis: the efforts of private corporations that aim at complying with environmental treaties. Existing models of treaty implementation are inadequate to explain these direct interactions between corporations and treaties. The dominant grammar of treaty “compliance” equally fails to fit. Using a little-studied example - the UNESCO World Heritage Convention - this essay highlights the phenomenon of corporations ...