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Full-Text Articles in Law
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
Dalhousie Law Journal
The author examines the current state of international law governing Canada's sovereignty and jurisdiction over the exploitation of hydrocarbons within its continental shelf. These rights are reviewed from a historical perspective through theprogression ofinternational conventions, the decisions ofinternational tribunals and the enactmentof Canadian federal laws. The article includes anexamination of Canada's rights under international law respecting its 200-nautical-mile exclusive economic zone and the continental shelf beyond, as well as a review of Canada's maritime boundary disputes with adjacent coastal states.
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Dalhousie Law Journal
In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …
Extraterritorial Criminal Jurisdiction: Bigger Picture Or Smaller Frame?, Robert Currie, Steve Coughlan
Extraterritorial Criminal Jurisdiction: Bigger Picture Or Smaller Frame?, Robert Currie, Steve Coughlan
Articles, Book Chapters, & Popular Press
The authors review extensively Canadian law and practice on the exercise of extraterritorial criminal jurisdiction, and the extent to which that may have changed in recent years. They conclude that, while there are now many more instances of Canada asserting extraterritorial jurisdiction, any change in policy is more apparent than real. What has changed is how often the situations that prompt extraterritorial jurisdiction arise, particularly in that there are now many international treaties requiring Canada to exercise jurisdiction in this way. The authors also argue that this policy of cautious expansion and constructive engagement with international practice is desirable and …