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Full-Text Articles in Environmental Law
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
Articles, Book Chapters, & Popular Press
In line with global trends, there has been an increase in human rights-based climate litigation brought in Canadian courts in recent years. Some litigants invoke human rights as found in the Canadian Charter of Rights and Freedoms to push federal and provincial governments to take seriously the implementation of their climate obligations. Other litigants invoke procedural environmental human rights to engage in free speech and peaceful protest in the face of government action supporting fossil fuel consumption or expansion. At the same time, the Supreme Court of Canada has recognized that Canadian courts could develop civil remedies for corporate violations …
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
LLM Theses
Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …
Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe
Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe
Responsible Business Conduct and Impact Assessment Law
This Evidence Brief provides a concise overview of the April 2020 report, Sara Seck & Penelope Simons, "Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement" (Draft Final Report for the SSHRC Knowledge Synthesis Grant: Informing Best Practices in Environmental and Impact Assessments, 13 April 2020).
Human Rights And The Impact Assessment Act: Proponents And Consultants As Duty Bearers, Adebayo Majekolagbe, Sara L. Seck, Penelope Simons
Human Rights And The Impact Assessment Act: Proponents And Consultants As Duty Bearers, Adebayo Majekolagbe, Sara L. Seck, Penelope Simons
Responsible Business Conduct and Impact Assessment Law
This chapter is the pre-publication version of a contribution to a book on the new federal Impact Assessment Act (IAA), and builds upon the research conducted for the SSHRC KSG on responsible business conduct and the IAA. We highlight the role of proponents and their consultants as human rights duty bearers and recommend the integration of human rights approaches into impact assessment processes under the IAA.
Regional Human Rights Regimes And Environmental Protection: A Comparison Of European And American Human Rights Regimes’ Histories, Current Law, And Opportunities For Development, Don Mccrimmon
PhD Dissertations
This work reviews the Inter-American and European human rights regimes and their abilities to respond to point-source pollution, climate change, and ecosystem conservation. It begins by reviewing leading human rights theories and the development of the relationship between human rights and the environment. It then focuses on European human rights, both under the ECHR and the CFREU, and highlights the ECHR’s ability to respond to instances of point-source-pollution though the right to privacy. The work then looks at the Inter-American human rights regime, its structure, history and ability to respond to environmental challenges. It reviews the regime’s tendency to use …
Home State Obligations For The Prevention And Remediation Of Transnational Harm: Canada, Global Mining And Local Communities, Sara Seck
Articles, Book Chapters, & Popular Press
Canadian mining companies, stock exchanges, mining professionals, and the Canadian government itself, play a significant role in global mining. This unpublished PhD dissertation, completed in January 2008, explores whether Canada has a legal obligation to regulate to prevent and remedy human rights and environmental harm associated with Canadian mining companies operating abroad. Canada and global mining serve as a case study to explore the broader question of whether home states have obligations under international environmental and human rights law. The key claims examined in this dissertation are as follows. First, the exercise of unilateral home state jurisdiction over transnational corporate …