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Full-Text Articles in Law

The Potential Impact Of Aboriginal Title On Aquaculture Policy, Diana Ginn Jan 2006

The Potential Impact Of Aboriginal Title On Aquaculture Policy, Diana Ginn

Articles, Book Chapters, & Popular Press

This chapter discusses the potential impact of aboriginal property rights on the development of aquaculture policy by considering whether such rights could provide a basis for First Nation peoples to participate in aquaculture or to manage the participation of others in this industry. The purpose of the chapter is to describe the relevant law as it now stands, to identify issues that have not yet been decided and to consider how the courts might approach such issues in the future.


A Principled Approach To Property Rights In Canadian Aquaculture, Phillip Saunders, Richard Finn Jan 2006

A Principled Approach To Property Rights In Canadian Aquaculture, Phillip Saunders, Richard Finn

Articles, Book Chapters, & Popular Press

The 1995 Federal Aquaculture Development Strategy summarized some of the difficulties facing aquaculture development in a federal state such as Canada, where the jurisdictional entitlements relevant to this “new” (or at least newly significant) industry are by no means clear:

Aquaculture is a formidable policy challenge. As a new industry, it straddles the line between fishing and farming, cuts across significant regional differences and is placed in a context involving the participation of municipal, provincial/territorial and federal governments.


Climate Change And The Use Of The Dispute Settlement Regime Of The Law Of The Sea Convention, Meinhard Doelle Jan 2006

Climate Change And The Use Of The Dispute Settlement Regime Of The Law Of The Sea Convention, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process …