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Articles 1 - 22 of 22
Full-Text Articles in Environmental Law
Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle
Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle
Articles, Book Chapters, & Popular Press
Canada is preparing to initiate a challenging, but potentially ground-breaking, strategic assessment on the implications of its climate change mitigation commitments for project assessments. The strategic assessment is immediately needed to provide project-level guidance for decision makers who will be required under new federal legislation to consider the extent to which each assessed project “contributes to sustainability” and “hinders or contributes to” meeting Canada’s climate commitments. However, Canada, like many other countries, has not yet translated its Paris Agreementclimate commitments into an adequate suite of specific policies, pathways, budgets, and other directives for compliance. Consequently, the climate commitments’ strategic assessment …
Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe
Game Of Tones: A Twail-Analysis Of The Evolution And Impacts Of The United Nations Framework Convention On Climate Change Technology Transfer Regime In Africa, Adebayo Majekolagbe
LLM Theses
The 1992 Rio Outcome articulates what is arguably, to date, the most ambitious North–South environmentally sound technology (EST) transfer aspirations. Yet, 26 years post-Rio, Africa remains at the lowest rung of the global EST deployment totem. Departing from talking-points like the connection of EST transfer and intellectual property rights, this research focuses on the normative underpinnings of the history, processes and dynamics of UNFCCC’s EST transfer regime. Using a ‘reconsidered’ Third World Approach to International Law approach and its accompanying historical research methodology, the thesis seeks to track landmarks in UNFCCC’s EST transfer regime evolution and the impacts of a …
Illness, Injury And Medical Deportations At The Frontier: The Canadian Legal Regime For Health Care Protections For Agricultural Migrant Workers, Constance Macintosh
Illness, Injury And Medical Deportations At The Frontier: The Canadian Legal Regime For Health Care Protections For Agricultural Migrant Workers, Constance Macintosh
Articles, Book Chapters, & Popular Press
This paper explores how health interests and rights play out in the temporary agricultural worker regime. In particular, it illustrates how a system that–as discussed below–is formally positioned as granting such workers the same rights as nationals, may not in practice provide equivalent or meaningful protections. The assessment is not just about the social exclusion challenges that often undermine the ability or possibility of migrant workers to activate their legal rights (which is the usual critique of why post-national citizenship writing is overly optimistic), but about how the legal and regulatory system itself misses the mark.
The Paris To Projects Research Initiative, Robert B. Gibson, Karine Peloffy, Meinhard Doelle
The Paris To Projects Research Initiative, Robert B. Gibson, Karine Peloffy, Meinhard Doelle
Research Papers, Working Papers, Conference Papers
This working paper explores the key components and provisions that need to be incorporated into impact assessment legislation to ensure that assessed undertakings help meet Canadian climate change mitigation commitments and duties.
This discussion paper includes a summary that serves as a basic briefing note on the core climate components that should be included in the new federal legislation. It also includes a box presenting the tests for determining an undertaking's contributions to meeting Canada's international climate change mitigation commitments, and a more detailed discussion of implications for the new law.
The Proposed New Federal Impact Assessment Act (Iaa) Under Bill C-69: Assessment & Reform Proposals, Meinhard Doelle
The Proposed New Federal Impact Assessment Act (Iaa) Under Bill C-69: Assessment & Reform Proposals, Meinhard Doelle
Research Papers, Working Papers, Conference Papers
This working paper starts with an overview of the proposed Canadian Impact Assessment Act (CIAA), introduced in Parliament in February 2018 as part of Bill C-69. The Bill was introduced following a multi-year consultation effort by the federal government on how to improve the federal assessment and decision-making process in Canada to regain public trust in the process and federal project decisions. Following a general overview of the key changes, the paper offers a detailed assessment of three key elements of the proposed reforms, the Review Panel process, public participation, follow-up, and the role of strategic and regional assessments under …
Paris To Projects Research Initiative, Robert B. Gibson, Karine Peloffy, Meinhard Doelle
Paris To Projects Research Initiative, Robert B. Gibson, Karine Peloffy, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This working paper explores the key components and provisions that need to be incorporated into impact assessment legislation to ensure that assessed undertakings help meet Canadian climate change mitigation commitments and duties.
This discussion paper includes a summary that serves as a basic briefing note on the core climate components that should be included in the new federal legislation. It also includes a box presenting the tests for determining an undertaking's contributions to meeting Canada's international climate change mitigation commitments, and a more detailed discussion of implications for the new law.
Conclusions: The Value Of An Innovation Framework For International Law, Sara L. Seck, Alastair Neil Craik
Conclusions: The Value Of An Innovation Framework For International Law, Sara L. Seck, Alastair Neil Craik
Articles, Book Chapters, & Popular Press
The concluding chapter to Global Environmental Change and Innovation in International Law provides an assessment of the value of an innovation framework for further scholarship in the field of international environmental law. The authors note that thinking more systematically about how international law structures innovation and how innovation within law arises has potential to generate new insights into the role of law in the development of sustainable transitions and may provoke greater attention to the sources and processes of legal transformations themselves. Identifying the constraints to legal innovation, particularly in the context of increasingly complex system demands, was identified as …
Decades Of Climate Policy Failure In Canada: Can We Break The Vicious Cycle?, Meinhard Doelle
Decades Of Climate Policy Failure In Canada: Can We Break The Vicious Cycle?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper explores the causes of 20 years of climate policy failure in Canada.
International Law And Policy Considerations For Shipping's Contribution To Climate Change Mitigation, Aldo Chircop, Meinhard Doelle, Ryan Gauvin
International Law And Policy Considerations For Shipping's Contribution To Climate Change Mitigation, Aldo Chircop, Meinhard Doelle, Ryan Gauvin
Reports & Public Policy Documents
This report investigates the international law and policy challenges to the determination of the international shipping industry's contribution to climate change mitigation efforts through the International Maritime Organization (IMO), a specialized agency of the United Nations and the competent intergovernmental organization with respect to shipping in international law. The report sets out the international legal framework that serves as context for the IMO efforts, the challenge of regulating greenhouse gas emissions from international shipping and the process and issues in determining the industry's 'fair share' of mitigation efforts and potential legal pathways. The report concludes with general, policy and legal …
Shipping And Climate Change: International Law And Policy Considerations, Aldo Chircop, Meinhard Doelle, Ryan Gauvin
Shipping And Climate Change: International Law And Policy Considerations, Aldo Chircop, Meinhard Doelle, Ryan Gauvin
Reports & Public Policy Documents
This report investigates the international law and policy challenges to the determination of the international shipping industry's contribution to climate change mitigation efforts through the International Maritime Organization (IMO), a specialized agency of the United Nations and the competent intergovernmental organization with respect to shipping in international law. The report sets out the international legal framework that serves as context for the IMO efforts, the challenge of regulating greenhouse gas emissions from international shipping and the process and issues in determining the industry's 'fair share' of mitigation efforts and potential legal pathways. The report concludes with general, policy and legal …
An Independent Review Of Forest Practices In Nova Scotia: Executive Summary Conclusions And Recommendations, William Lahey Prof.
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
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 …
Examples Of Global And Regional Laws And Policies Relevant To Addressing The Potential Impacts Of Climate Change And Ocean Acidification, David Vanderzwaag, Nadja Steiner, Jan René Larsen
Examples Of Global And Regional Laws And Policies Relevant To Addressing The Potential Impacts Of Climate Change And Ocean Acidification, David Vanderzwaag, Nadja Steiner, Jan René Larsen
Reports & Public Policy Documents
Laws and policies relevant to the potential impacts of climate change and ocean acidification on marine species and coastal communities appear at the global and regional level, as well as the national level (see Annex 6).
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …
Conclusions: The Value Of An Innovation Framework For International Law, Alastair Neil Craik, Sara Seck
Conclusions: The Value Of An Innovation Framework For International Law, Alastair Neil Craik, Sara Seck
Articles, Book Chapters, & Popular Press
The concluding chapter to Global Environmental Change and Innovation in International Law provides an assessment of the value of an innovation framework for further scholarship in the field of international environmental law. The authors note that thinking more systematically about how international law structures innovation and how innovation within law arises has potential to generate new insights into the role of law in the development of sustainable transitions and may provoke greater attention to the sources and processes of legal transformations themselves. Identifying the constraints to legal innovation, particularly in the context of increasingly complex system demands, was identified as …
Book Review: Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law, Sara Seck
Articles, Book Chapters, & Popular Press
The Privatisation of Biodiversity? New Approaches to Conservation Law, written by Colin T Reid and Walters Nsoh, is a recently published addition to the Edward Elgar book series New Horizons in Environmental and Energy Law. The book explores how “private rights and market devices” may serve as an alternative to “direct ‘command and control’ regulation”, and so ensure that the use of natural resources remains within ecological limits, while preventing the loss of habitat, habitat degradation, and species extinctions. A diverse range of mechanisms are considered under the “privatisation” heading, with “an emphasis on private law frameworks” that enable private …
Toward A Principled Design Of Provincial Cap & Trade Systems: Lessons From Nova Scotia's Proposal To Meet The Carbon Pricing Requirement In The Pan-Canadian Framework For Climate Change, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article explores the Cap & Trade System proposed by the province of Nova Scotia in response to the call in the Pan-Canadian Framework on Clean Growth and Climate Change for all provinces to implement a carbon pricing mechanism. The proposed C & T system itself and the way it has been developed offers insights into ongoing debates in the governance of climate mitigation. The first debate is about the strength and weaknesses of various carbon pricing mechanisms, most notably the carbon tax and cap and trade systems. The second debate is about the relative importance of carbon pricing and …
Climate Change, Corporate Social Responsibility, And The Extractive Industries, Sara Seck
Climate Change, Corporate Social Responsibility, And The Extractive Industries, Sara Seck
Articles, Book Chapters, & Popular Press
During the negotiation of the Paris Agreement, many argued that the final text should integrate a human rights approach so as to better align climate governance under the UNFCCC with climate justice. Reference to human rights ultimately appeared only in the Preamble, despite submissions from the UN High Commissioner for Human Rights that urgent and ambitious State action to combat climate change is an existing duty of international human rights law. Another submission highlighted the role of businesses as duty-bearers who must contribute to climate mitigation and be accountable for climate impacts. This article will consider an unexplored avenue through …
Lessons For The Treaty Process From The International Law Commission And International Environmental Law, Sara L. Seck
Lessons For The Treaty Process From The International Law Commission And International Environmental Law, Sara L. Seck
Articles, Book Chapters, & Popular Press
The chapter examines Amnesty case studies in order to document the state practice identified and the gaps that need to be filled. The chapter will then consider the work of the ILC in its progressive codification of the law on prevention and loss allocation with respect to transboundary harm arising from hazardous activities, culminating in draft Articles8 and draft Principles,9 respectively, in 2001 and 2006. The modest claim of this chapter is that as the key United Nations body responsible for the progressive development and codification of international law, the work of the ILC should surely be of relevance to …
Refugees At Sea, Constance Macintosh
Refugees At Sea, Constance Macintosh
Articles, Book Chapters, & Popular Press
The International Ocean Institute-Canada has produced this collection of over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI. More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation. The essay collection is aimed at professionals, students and citizens alike – covering themes …
Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop
Decarbonizing International Shipping: Potential Roles Of The Imo’S Initial Strategy And The Un Climate Regime, Meinhard Doelle, Aldo Chircop
Articles, Book Chapters, & Popular Press
This article assesses the IMO’s 2018 Strategy to reduce GHG emissions from international shipping in light of the long-term goals of the Paris Climate Agreement, and considers its ambition, adequacy and effectiveness in ensuring a fair contribution to the global decarbonization effort. The article proceeds in four parts. In Part 1, we offer a brief history of efforts to reduce emissions from international shipping under the UN Climate Regime. This is followed in Part 2 with a similar overview of historical efforts under the IMO. In Part 3, we discuss the key elements of the 2018 IMO Strategy, followed by …
Compliance In Transition: Is Facilitative Compliance Finding Its Place In The Paris Climate Regime, Meinhard Doelle
Compliance In Transition: Is Facilitative Compliance Finding Its Place In The Paris Climate Regime, Meinhard Doelle
Articles, Book Chapters, & Popular Press
The paper explores the current compliance negotiations under Article 15 of the 2015 Paris Climate Agreement. The paper provides an overview of the current state of the negotiations, and considers ways to conclude the negotiations toward an effective compliance system under the Paris Agreement. In the process, the paper explores key differences and similarities between Paris and Kyoto, and identifies possible lessons from the Kyoto compliance experience.