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Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Dalhousie Law Journal
Maritime jurisdiction in Canada has to contend with the division of powers between the federal and provincial levels. At times, this fact has challenged Canadian courts in explaining what should be the interface between federal and provincial law in dual aspect cases and in determining the applicable law or finding complementary applications of federal and provincial law. This essay reflects on the evolution of maritime law jurisdiction in Canada since the establishment of the Federal Court of Canada in 1971. It discusses the imperative of stability and reality of change in maritime law jurisdiction since then with a focus on …
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Dalhousie Law Journal
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …
The Nile Basin: From Confrontation To Cooperation, Yehenew Tsegaye Walilegne
The Nile Basin: From Confrontation To Cooperation, Yehenew Tsegaye Walilegne
Dalhousie Law Journal
Water is one of the scarcest natural resources on our planet. Yet, it is one of humans' most vital needs This gift of nature has been a cause of tension and confrontation in many parts of the world due to the lack of a shared vision for its optimal and rational use Among the great water bodies, the Nile basin has been cited as one of the major trouble spots Recently, the Nile basin states have started to cooperate under the auspices of the Nile Basin Initiative for sustainable and equitable approach to Nile water use. This article discusses some …