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Articles 1 - 8 of 8
Full-Text Articles in Environmental Law
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
Dalhousie Journal of Legal Studies
This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …
A Global Treaty To Address Land-Based Sources Of Marine Pollution, David Vanderzwaag
A Global Treaty To Address Land-Based Sources Of Marine Pollution, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Land-based sources of pollution are estimated to be the source of approximately eighty percent of all marine pollution. In Protecting the Marine Environment from Land-Based Sources of Pollution: Towards Effective International Cooperation, Daud Hassan outlines the major sources of Land-Based Sources of Marine Pollution (LBSMP), examines the current legal framework for control of LBSMP, and highlights the obstacles to creating more effective control measures. Additionally, Hassan presents a case study focusing on LBSMP control in the Bay of Bengal region and then concludes with a recommendation for the creation of a global treaty to more effectively address the impacts of …
Liability For Damage To The Marine Environment From Ships, Michael White
Liability For Damage To The Marine Environment From Ships, Michael White
Dalhousie Law Journal
Marine pollution damage from ships is not a major problem in Australian jurisdictions, but there are regular incidents. The Australian law relating to marine pollution from ships closely follows the international conventions. Australia is a party to almost all of the relevant IMO conventions and, as is required for common law countries, the domestic legislation to give effect to them needs to be put in place. This has been done for the most part by the Commonwealth, the states and the Northern Territory as Australia is a federation. The Commonwealth and the states have established adequate enforcement resources for the …
The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred
The Allocation Of Civil Liability For Damage To The Marine Environment In The New Canadian Law Of Merchant Shipping, Or The Polluter Pays How Much?, Hugh M. Kindred
Dalhousie Law Journal
Infrequent but catastrophic incidents of pollution by ships have attracted worldwide attention to the regulation of the merchant shipping industry for the protection of the marine environment. Under the detailed legal regime that has been established, ships and their owners are held strictly liable for the pollution of the oceans that they cause. Less well known but equally well established are other principles of maritime law that allow shipowners to limit their liability for the expense and damage their polluting ships incur. Canada has recently undertaken a major reform of its shipping laws and, in the process, it has revamped …
The Arctic Environmental Protection Strategy, Arctic Council And Multilateral Environmental Initiatives: Tinkering While The Arctic Marine Environment Totters, David Vanderzwaag, Robert Huebert, Stacey Ferrara
The Arctic Environmental Protection Strategy, Arctic Council And Multilateral Environmental Initiatives: Tinkering While The Arctic Marine Environment Totters, David Vanderzwaag, Robert Huebert, Stacey Ferrara
Articles, Book Chapters, & Popular Press
The Arctic marine environment is not pristine, as commonly imagined, but is facing numerous pressures,' the most serious arguably coming from outside the region. Melting of sea ice, linked to global warming, threatens the long-term survival of various species including polar bears and has potential to seriously disrupt ocean currents. Persistent organic pollutants (POPs), including pesticides, industrial compounds and combustion by-products, are transported via air and water currents from regions outside the Arctic and become concentrated in the fatty tissues of animals." The pollutants threaten not only the well being of wildlife but the health of northern residents heavily dependent …
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Dalhousie Law Journal
In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Dalhousie Law Journal
Although international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,' the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called "technological adolescence", as individuals and corporations, largely from industrialized nations, exploited the earth's resources with little if any concern for the immediate and long-term implications …
The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Bruce H. Wildsmith
The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Bruce H. Wildsmith
Dalhousie Law Journal
A good book must have focus. This may not be the only criteria for evaluating a book, but it is certainly a sine qua non. A scholarly work such as Professor Springer's is a means of communicating ideas; the sharper its focus the clearer the message of its author and the better it and he communicates. When reading this book I wondered about its focus: was there a central unified objective? Having now completed the book, I can see that the author has painted us a useful, but blurred picture. He has not quite brought into focus his objective; much …