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Full-Text Articles in Law
Legal Hurdles And Pathways: The Evolution (Progress?) Of Climate Change Adjudication In Canada, Camille Cameron, Riley Weyman, Claire Nicholson
Legal Hurdles And Pathways: The Evolution (Progress?) Of Climate Change Adjudication In Canada, Camille Cameron, Riley Weyman, Claire Nicholson
Articles, Book Chapters, & Popular Press
Citizens, civil society, and environmental organisations throughout the world are increasingly turning to courts to find solutions to the perils of climate change. In July 2023, the United Nations Environment Programme (“UNEP”) reported that as of November 2022, there were 2,180 climate change litigation cases underway throughout the world, that this number is 2.5 times higher than it was five years ago, and that the number of jurisdictions involved has grown from 24 in 2017, to 39 in 2020, to 65 in 2023. The authors of this report describe climate litigation as “a frontier solution to change the dynamics of …
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 …
Impact Assessment, Sustainability, And Climate Change: Lessons From Lower Churchill, Adebayo Majekolagbe
Impact Assessment, Sustainability, And Climate Change: Lessons From Lower Churchill, Adebayo Majekolagbe
Dalhousie Law Journal
The attainment of sustainability is the overarching objective of impact assessment (IA). Over the years, IA has evolved from being a predominantly biophysical- environment assessment venture to a multicentric undertaking including hundreds of IA modes. IA’s proliferation has been attributed to the inadequacy of previously dominant modes (e.g. Environmental Impact Assessment and Social Impact Assessment) to cater to other areas of humanity’s concerns or recent phenomena. Climate change is one of such phenomena and the conceptualization of climate change impact assessment has been the response of the IA movement. Drawing lessons from the Lower Churchill project in Newfoundland and Labrador …
An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo
An Analysis Of The Human Rights Approach To Climate Change: The Right To A Healthy Environment, Intergenerational Equity And Climate Litigation, Unwana Emmanuel Udo
LLM Theses
Climate change litigation is a viable tool in the fight against climate change. For the past 2 decades, climate litigation has largely been based on torts and administrative law. However, courts have recently been quite receptive to human rights arguments in climate cases, thereby necessitating recognition of the human rights approach as an important facet of climate litigation. It is important for intergenerational equity to be integrated into the human rights approach to climate change. One of the major benefits of intergenerational equity to the human rights approach is its potential to catalyze the recognition of the right to a …
Climate Change And The Human Rights Responsibilities Of Business Enterprises, Sara L. Seck
Climate Change And The Human Rights Responsibilities Of Business Enterprises, Sara L. Seck
Articles, Book Chapters, & Popular Press
The causes of climate change and solutions to it are inherently tied to non-state actors, including businesses. As multinational business enterprises are at the heart of global emissions, historical and current, it is vital to understand how the attribution of climate change impacts goes beyond the responsibilities of states. The first lawsuits targeting companies have begun. Meanwhile, businesses are increasingly focused on sustainability at different levels of their organizations, including by endorsement of business responsibilities for human rights. What independent responsibilities do business enterprises have when they undertake to respect the human rights of those who are vulnerable to climate …
Loss & Damage From Climate Change: A Maturing Concept In Climate Law?, Meinhard Doelle, Sara Seck
Loss & Damage From Climate Change: A Maturing Concept In Climate Law?, Meinhard Doelle, Sara Seck
Articles, Book Chapters, & Popular Press
In this article we examine legal perspectives on recovery for harm caused by climate related loss and damage. We start by discussing the meaning of loss and damage, and its relationship to climate mitigation and adaptation. We then consider, at a conceptual level, how those harmed by loss and damage from human induced climate change may pursue remedies against those who have contributed to the harm suffered.
Transboundary Fisheries, Climate Change, And The Ecosystem Approach: Taking Stock Of The International Law And Policy Seascape, Cecilia Engler
Transboundary Fisheries, Climate Change, And The Ecosystem Approach: Taking Stock Of The International Law And Policy Seascape, Cecilia Engler
Articles, Book Chapters, & Popular Press
The ecosystem approach to fisheries management is a conceptual and practical framework consistent with, and supportive of, climate change adaptation at the national and regional level. Implementing an ecosystem approach can contribute to climate change adaptation by improving ecosystem resilience and reducing vulnerability to climate change, by providing planning strategies and tools to monitor and assess the impacts of climate change on fisheries, and by relying on precautionary, flexible, and adaptive approaches that account for the uncertainties, surprises, unpredictability, and dynamism of ecosystems in a changing climate.
In this article, I provide an overview of some key considerations framing the …
Insurance Coverage In A Climate Changed Canada: How Can Canada Pay For Loss And Damage From Anthropogenic Climate Change?, Eric Dwyer
Dalhousie Journal of Legal Studies
This article looks at the impact of anthropogenic climate change and its associated costs in the Canadian context. It begins by outlining how climate change is predicted to alter the Canadian climate before evaluating how this will affect the insurance industry. It determines that insurers’ response to the unpredictable risks and high costs associated with climate change will lead to significant gaps in coverage. How litigation of major carbon polluters could help cover some of the costs associated with climate change by holding polluters accountable is considered. State-led climate litigation can overcome some of the litigation obstacles identified and it …
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 …
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 …
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 …
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 …
From Smokes To Smokestacks: Lessons From Tobacco For The Future Of Climate Change Liability, Martin Zp Olszynski, Sharon Mascher, Meinhard Doelle
From Smokes To Smokestacks: Lessons From Tobacco For The Future Of Climate Change Liability, Martin Zp Olszynski, Sharon Mascher, Meinhard Doelle
Articles, Book Chapters, & Popular Press
In this article, we imagine a future Canada (circa 2030) wherein the world has managed to avoid the worst climate change but nevertheless has begun to experience considerable warming. Governments of all levels, but especially provincial ones, are incurring unprecedented costs to mitigate the effects of climate change and to adapt to new and uncertain climatic regimes. We then consider how legislatures might respond to these challenges. In our view, the answer may lie in the unprecedented story of tobacco liability, and especially the promulgation in the late 1990s of provincial legislation specifically designed to enable provinces to recover the …
The International Maritime Law Response To Climate Change: The Quest For The Shipping Industry's 'Fair Share' Of Ghg Emissions Reduction, Aldo Chircop
Articles, Book Chapters, & Popular Press
This paper discusses the role of international shipping in climate change mitigation, i.e., its emerging contribution to reduce carbon emissions in the wake of the Paris Agreement, 2015 and the expectation that the International Maritime Organization (IMO) will orchestrate the industry's contribution. The adoption of appropriate targets and standards is expected to be a particularly difficult task because of the global and transnational nature of the shipping industry and the difficulty in establishing the basis for a fair contribution for this industry. While considerable progress has been achieved in enhancing technical and operational regulations to improve efficiencies and reduce harmful …
The Birth Of The Warsaw Loss & Damage Mechanism: Planting A Seed To Grow Ambition?, Meinhard Doelle
The Birth Of The Warsaw Loss & Damage Mechanism: Planting A Seed To Grow Ambition?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This article starts with an update on the UN climate negotiations with respect to loss & damage. It then explores two approaches to loss & damage that are substantially different form the current path of the negotiations. Both approaches seek to utilize the concern over loss & damage to improve motivation for an adequate and fair global effort to mitigation and adapt to climate change. The approaches differ mainly in the extent they can be integrated into the current UN climate regime. The first approach would create a loss & damage liability fund that seeks to ensure adequate resources to …
Recovery Planning For Pacific Marine Species At Risk In The Wake Of Climate Change And Ocean Acidification: Canadian Practice, Future Courses, Wesley Hartmann, David Vanderzwaag, Katja Fennel
Recovery Planning For Pacific Marine Species At Risk In The Wake Of Climate Change And Ocean Acidification: Canadian Practice, Future Courses, Wesley Hartmann, David Vanderzwaag, Katja Fennel
Articles, Book Chapters, & Popular Press
This article evaluates how Canadian recovery planning for Pacific marine species at risk incorporates two pressing 21st century concerns: global climate change and ocean acidification (OA). While many recovery strategies for Pacific species at risk show some understanding of climate change or OA, they generally fail to incorporate key climate and OA information or to consider how these two issues will actually affect the species in question. Two strategies for progress are suggested. First is an administrative strategy that includes the development of a national climate change adaptation strategy, which clarifies how projected climate and ocean acidification impacts should be …
Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour
Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour
Dalhousie Law Journal
This paper compares carbon pricing policies in British Columbia and Australia in order to identify differences between carbon taxes and emissions trading schemes (ETS) from a fairness perspective. We examine how taxes and trading systems impact indigenous communities in both jurisdictions. While the regressivity of carbon pricing is a critical part of any fairness assessment, we argue that socioeconomic and cultural factors must also be taken into consideration. We discuss the importance of accompanying carbon pricing with policies that mitigate not only distributional impacts, but also additional impacts. These may be funded by the revenue generated by the policy or …
The Justiciability Of Climate Change: Acomparison Of Us And Canadian Approaches, Hugh Wilkins
The Justiciability Of Climate Change: Acomparison Of Us And Canadian Approaches, Hugh Wilkins
Dalhousie Law Journal
Climate change-related disputes, which often include novel, complex,or politically sensitive matters, have experienced a mixed reception by the courts. Defendants both in Canada and the United States have raised the issue of justiciabilitythe question of whether a matter is of the quality or state of being appropriate or suitable for review by a court-with some success in attempts to have these cases summarily dismissed. The author reviews the types ofclimate change cases that have been launched, examines the US and Canadian laws of justiciability analyzes the.paths in which the caselaw regarding justiciability in these countries is headed, and suggests how …
The Arctic Council At 15 Years: Edging Forward In A Sea Of Governance Challenges, David Vanderzwaag
The Arctic Council At 15 Years: Edging Forward In A Sea Of Governance Challenges, David Vanderzwaag
Articles, Book Chapters, & Popular Press
With the impacts of climate change on the Arctic, including the thinning and decreasing extent of sea ice and projected dramatic increases in access to and development of regional resources, the adequacy of existing governance arrangements for the Arctic is increasingly being questioned. Through a two-part format, this article reviews how the Arctic Council is faring as the key regional governance institution for the Arctic since being established pursuant to a Declaration adopted by the eight Arctic States in September 1996. How the Council has edged forward the regional cooperation agenda through its six working groups and Ministerial meetings is …
The Kyoto Protocol: Reflections On Its Significance On The Occasion Of Its Entry Into Force, Meinhard Doelle
The Kyoto Protocol: Reflections On Its Significance On The Occasion Of Its Entry Into Force, Meinhard Doelle
Dalhousie Law Journal
When the Kyoto Protocol was signed in December 1997, there were high hopes in some quarters that it marked the beginning of a global commitment to climate change mitigation. In the past seven years, however, the Protocol has languished while many of the kev, States have done little to implement it. Until the fall of 2004 it was uncertain whether the Protocol would ever enter into force. To the surprise of many, with ratification by Russia, it came into effect on February 16, 2005, only three years before the start of the first period of commitments to reduce greenhouse gas …
From Kyoto To Marrakech; A Long Walk Through The Desert: Mirage Or Oasis?, Meinhard Doelle
From Kyoto To Marrakech; A Long Walk Through The Desert: Mirage Or Oasis?, Meinhard Doelle
Dalhousie Law Journal
This article reviews the results of four years of negotiations of the parties to the UNFCCC,3 from the Kyoto Protocol signed in 1997 to the Marrakech Accords in 2001. This process was intended to provide the details and operational rules needed for parties to make decisions on whether to ratify and how to implement the Kyoto Protocol in time for the start of the first commitment period in 2008. The author analyzes the Marrakech Accords with respect to the Kyoto Mechanisms, reporting, verification, compliance, and developing country issues, and concludes that the Kyoto Protocol in itself is a negligible step …
The Precautionary Principle And Marine Environmental Protection: Slippery Shores, Rough Seas, And Rising Normative Tides, David Vanderzwaag
The Precautionary Principle And Marine Environmental Protection: Slippery Shores, Rough Seas, And Rising Normative Tides, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Law and policy implications of the precautionary principle in the field of marine environmental protection are explored in this paper in a three-part analysis. First, seven slippery aspects of the precautionary principle are highlighted, including confusion in terminology, definitional variations, definitional generalities, the spectrum of precautionary measures available, ongoing philosophical tensions and competing socioeconomic interests, debate over who should be responsible for making precautionary decisions, and limited interpretation by international tribunals. Second, the rather feeble precautionary responses to the tempestuous issues of climate change, hazardous chemicals, and overfishing are described. Third, the potential for the precautionary principle to synergize with …
Canada And The Precautionary Principle/Approach In Ocean And Coastal Management: Wading And Wandering In Tricky Currents, David Vanderzwaag, Susanna Fuller, Ransom Myers
Canada And The Precautionary Principle/Approach In Ocean And Coastal Management: Wading And Wandering In Tricky Currents, David Vanderzwaag, Susanna Fuller, Ransom Myers
Articles, Book Chapters, & Popular Press
After reviewing the tricky nature of the precautionary principle/approach, such as confusion over terminology and the spectrum of precautionary measures available, the article through a four-part format describes Canadian initiatives and efforts to implement the precautionary principle/ approach in ocean and coastal management. First, Canada's general steps to adopt the precautionary principle are discussed including caselaw developments and the limited embracing of precaution in environmental impact assessment review and strategic planning processes. Second, the paper reviews Canada's efforts to address marine pollution-ocean dumping, land-based, vessel-source and seabed activities- in light of precaution. Third, Canadian experiences with implementing precaution in the …