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Full-Text Articles in Natural Resources Law
Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu
Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu
Dalhousie Law Journal
The number of nuisance and negligence tort claims in the US against “Big Oil” companies have grown significantly in the last five years. The Netherlands case of Milieudefensie et al v Royal Dutch Shell represents the first major success of such a claim internationally. While the US cases and Milieudefensie demonstrate starkly different approaches as to how to seek accountability from Big Oil for climate change harms, the increasing judicial engagement on these issues may mean the time is right for similar lawsuits in Canada. Three Canadian common law causes of action are examined: nuisance, negligence, and unjust enrichment. Defences …
Sustainable Seabed Mining And The Phase 1 Environmental Standards And Guidelines, Keith Macmaster
Sustainable Seabed Mining And The Phase 1 Environmental Standards And Guidelines, Keith Macmaster
Articles, Book Chapters, & Popular Press
The oceans are home to a rich diversity of plant and animal life and a source of food and marine resources that drive economies. Climate change and pollution are changing ocean dynamics and the ability to support life. Seabed mining in areas beyond national jurisdiction will add to the ocean's stressors and could cause severe environmental damage. The International Seabed Authority (“ISA”) is mandated to manage access to and benefits from the seabed, its subsoil and mineral resources in areas beyond national jurisdiction (the “Area”). Although the United Nations Convention on the Law of the Sea sets out the legal …