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Full-Text Articles in Law

Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change, Sara Seck, Craig Brown Jan 2013

Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change, Sara Seck, Craig Brown

Articles, Book Chapters, & Popular Press

This article examines the challenges of paying for loss caused by climate change. It discusses how weather-related harms might become uninsurable by private companies in the future as the adverse effects of climate change increase in severity. Additionally, this article recognizes the difficulty in imposing civil liability on wrongdoers for climate-related harms, and explores options for state-sponsored or state-subsidized insurance. Finally, the authors examine possibilities for an international insurance fund, but eventually conclude that such a fund would unlikely be endorsed at the international level and would not benefit Canadians.


The Icj, Itlos And The Precautionary Approach: Paltry Progressions, Jurisprudential Jousting, David Vanderzwaag Jan 2013

The Icj, Itlos And The Precautionary Approach: Paltry Progressions, Jurisprudential Jousting, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The precautionary approach, although highly touted as a fundamental principle of international environmental law, has become well-known for the confusion surrounding its interpretation and practical implications. Confusion has emanated from definitional generalities and variations and even debates over appropriate terminology. A spectrum of precautionary measures exist and viewpoints on whether strong versions of precaution or weaker versions should prevail have differed.


Using Strategic Environmental Assessments To Guide Oil And Gas Exploration Decisions: Applying Lessons Learned From Atlantic Canada To The Beaufort Sea, Meinhard Doelle Jan 2013

Using Strategic Environmental Assessments To Guide Oil And Gas Exploration Decisions: Applying Lessons Learned From Atlantic Canada To The Beaufort Sea, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Strategic Environmental Assessments have been used on the Atlantic Coast of Canada to inform oil and gas exploration decisions. Both the Newfoundland and Nova Scotia offshore petroleum boards have about a decade of experience with strategic environmental assessments. In the Beaufort Sea, there is no such process currently in place to guide decisions about oil and gas exploration. In the wake of the Deep Horizon spill in the US, this article considers the lessons learned from the Atlantic Canada experience, and makes recommendations for the design of an oil and gas strategic environmental assessment process for exploration in the Beaufort …


The Role Of Ea In Achieving A Sustainable Energy Future In Canada: A Case Study Of The Lower Churchill Panel Review, Meinhard Doelle Jan 2013

The Role Of Ea In Achieving A Sustainable Energy Future In Canada: A Case Study Of The Lower Churchill Panel Review, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Energy projects have featured prominently in environmental assessment (EA) processes in Canada, particularly with respect to panel reviews conducted under the Canadian Environmental Assessment Act (CEAA). Now, for the first time in decades, there is serious talk in Canada of developing a national energy strategy. In this context, the article considers how the federal EA process could be utilized to support such efforts. The Lower Churchill Hydro Project Review Panel is used as a case study to illustrate how project EAs can support broader energy policy consideration.