Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (34)
- Law of the Sea (23)
- International Law (22)
- Comparative and Foreign Law (8)
- Oil, Gas, and Mineral Law (8)
-
- Water Law (8)
- Indigenous, Indian, and Aboriginal Law (7)
- Admiralty (6)
- Human Rights Law (5)
- Law and Politics (4)
- Law and Society (4)
- Agriculture Law (3)
- Land Use Law (3)
- Science and Technology Law (3)
- Animal Law (2)
- Intellectual Property Law (2)
- International Trade Law (2)
- Law and Economics (2)
- Law and Gender (2)
- Legislation (2)
- Administrative Law (1)
- Air and Space Law (1)
- Climate (1)
- Commercial Law (1)
- Constitutional Law (1)
- Disaster Law (1)
- Energy and Utilities Law (1)
- Environmental Health and Protection (1)
- Keyword
-
- Canada (19)
- Management (10)
- Fishery (9)
- Fisheries (8)
- Atlantic Canada (6)
-
- Collapse (6)
- Policy (6)
- Climate Change (5)
- International law (5)
- Sustainability (5)
- Marine (4)
- Atlantic (3)
- Australia (3)
- Biodiversity (3)
- Conservation (3)
- Natural resources (3)
- Overfishing (3)
- Shipping (3)
- United Nations Convention on the Law of the Sea (3)
- Allocation (2)
- Canadian Arctic (2)
- Climate change (2)
- Department of Fisheries and Oceans (2)
- Environment (2)
- Exploitation (2)
- Fish (2)
- Fisheries Act (2)
- Fishing (2)
- Indigenous Peoples (2)
- International Maritime Organization (2)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 66
Full-Text Articles in Natural Resources Law
Review Of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage By Penelope Simons And Audrey Macklin, Sara Seck
Articles, Book Chapters, & Popular Press
The Governance Gap is a long-awaited contribution to the literature, advocating a stronger role for home state governments in the regulation of extractive companies operating abroad. Tis book arises from the experience of the authors as members of the Harker Commission on human security in the Sudan in the late 1990s.3 Written by Penelope Simons4 and Audrey Macklin,5 Te Governance Gap provides a detailed case study of Canadian company Talisman Energy Inc. and its operations in the Sudan between 1998 and 2003—a period during which the Sudan was “in the midst of a violent civil war” and Talisman was operating …
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
PhD Dissertations
For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Dalhousie Law Journal
In the nineteenth century, before farmers could purchase inexpensive chemical fertilizers, farmers on Prince Edward Island looked to the sea and the shore for nutrients to add to their soils. When disputes over who had the right to gather seaweed led to litigation, judges ruled that the owners of property fronting on the shore had the exclusive right to seaweed cast up on the shore, both above and belot, the high water mark. These rulings did little to dispel the popular perception that seaweed, a gift of nature, was a common resource that belonged to the people who collected it. …
Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne
PhD Dissertations
The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …
A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish
A New Governance Approach To Designing An Effective Arrangement For The Sustainable Management Of Renewable Marine Resources In The Eastern Caribbean States, Kerith Tristan Kentish
LLM Theses
The study's main purpose is to propose a governance framework that meets the priority of sustainable development for the regulation of offshore renewable resources in the OECS region. The study develops an analytical framework for evaluating the recently adopted Round 3 model of governance for the regulation of offshore wind and other marine activities in the United Kingdom. The focus is on the licensing procedures applicable to offshore wind development. Thereafter, the study examines the appropriateness of the application of the Round 3 model to the regulation of marine renewables in the OECS, and makes recommendations in that regard. Additionally, …
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
LLM Theses
The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …
Home State Responsibility And Local Communities: The Case Of Global Mining, Sara Seck
Home State Responsibility And Local Communities: The Case Of Global Mining, Sara Seck
Articles, Book Chapters, & Popular Press
Home states that are actively engaged in global mining have considered and rejected calls to regulate the conduct of transnational mining corporations so as to prevent and remedy human rights and environmental harms. This reluctance to regulate is often expressed as a concern that extraterritorial regulation will conflict with the sovereignty of foreign states. This paper argues that the public international law of jurisdiction is permissive of home state regulation that can be justified under the nationality or territoriality principles, provided that there is no true conflict with an exercise of host state jurisdiction. In the human rights and environment …
Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera
Mexico's Implementation Of The Biodiversity Convention And The Catagena Protocol In The Gmo Era: Challenges In Principles, Policies, And Practices, Juan Antonio Herrera
PhD Dissertations
Recent developments in genetic modification and the use of Living Modified Organisms (LMOs) in agriculture have ignited a debate over the potential effects of these organisms on biological diversity. This controversy materializes in the clash between the international environmental and trade regimes. Multilateral Environmental Agreements (MEAs), such as the 1992 Convention on Biological Diversity (CBD) focus on the preservation of biological diversity and, in the case of the Cartagena Protocol on Biosafety (Cartagena Protocol), the safe transfer of LMOs. These Agreements encourage States to base national decisions to allow LMO imports on environmental and risk assessments using the precautionary principle. …
The Potential Impact Of Aboriginal Title On Aquaculture Policy, Diana Ginn
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.
The Property Status Of Fishing Licences, David G. Henley
The Property Status Of Fishing Licences, David G. Henley
Dalhousie Law Journal
The property status of a fishing licence has for a long time been undecided. The judicial decisions have varied significantly on whether a fishing licence is property at common law or pursuant to various statutory definitions. The significance ofthe issue lies primarily in the financial arena. It is most often the case that the preponderance of the value in a fishing enterprise lies with the fishing licence rather than in the vessel. It is not uncommon for a lobster licence to approach one million dollars in value.' When quota is allocated to groundfish licences, the value of the package can …
Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak
Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak
Dalhousie Law Journal
The federal Department of Fisheries and Oceans plays an Important role in protecting fish and fish habitat in Canada, primarily under the Fisheries Act. Section 5 of the Canadian Environmental Assessment Act requires an environmental assessment when the Department takes certain actions under the Fisheries Act. In the past few years environmental interests have taken the Department to task claiming that it has circumvented assessment. The alleged circumvention occurs when proponents of projects that will harm fish habitat, in consultation with the Department, revamp the project to avoid harm, and the Department issues a letter of advice to the proponent …
Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag
Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag
Dalhousie Law Journal
Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …
Fisheries And Oceans Governance In Australia And Canada: From Sectoral Management To Integration?, Marcus Haward, Rod Dobell, Anthony Charles, Elizabeth Foster
Fisheries And Oceans Governance In Australia And Canada: From Sectoral Management To Integration?, Marcus Haward, Rod Dobell, Anthony Charles, Elizabeth Foster
Dalhousie Law Journal
Australia and Canada have significant oceans domains, and concomitant responsibility for large maritime zones. Fisheries in both countries are important activities with capture fishing, aquaculture and associated processing being vital rural industries Australia and Canada both face major challenges affecting fisheries management. These challenges include managing multiple and at times conflicting uses and claims on ocean and marine resources, while also recognizing the complexity and profound uncertainty associated with those resources. In that context, and having regard to the different histories of Australia and Canada, this paper outlines the different strategies and emphases adopted recently by the two countries. These …
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Dalhousie Law Journal
In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …
Canadian East Coast Offshore Oil And Gas Industry: Sustainable Development Through Cooperative Federalism, Keith R. Evans
Canadian East Coast Offshore Oil And Gas Industry: Sustainable Development Through Cooperative Federalism, Keith R. Evans
Dalhousie Law Journal
For many years, development of the oil and gas potential off the east coast of Canada was delayed while the jurisdictional issues in respect of the area were resolved. While the provinces lost the major court battles on jurisdiction, political pressures combined with practical aspects of provincial involvement in the land bases for operations in the offshore area have resulted in pragmatic cooperation between the two levels of government and the establishment of joint administrative Boards to oversee exploration and development in the area. This paper explores the background to and the mechanics used for this pragmatic constitutional resolution and, …
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye
PhD Dissertations
This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …
The Emergence Of Integrated Coastal And Ocean Management In Canada's Oceans Act: Challenges Of Integrating Fragmented Resource Sectors In Georges Bank, Nova Scotia And Hecate Strait, British Columbia, Gloria Chao
LLM Theses
For a good part of the last fifty years, Canadian oceans governance has consisted of single-sectoral and multi-jurisdictional regulation of oceans uses. This fragmented governance régime has proven ill-equipped to address multisectoral resource use conflicts, which necessitate the integration of various interdependent sea use relationships. As early as the 1970s, international fora and documents began developing the notion of integrated coastal and ocean management [hereinafter ICOM] as an approach to international and national oceans governance in order to address sea use conflicts. Canada's adoption of ICOM as a national approach was a slow process. It was only in 1996, with …
The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum
The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum
Dalhousie Law Journal
The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.
The Groundfishery In Crisis: A Personal Snapshot, John G. Leefe
The Groundfishery In Crisis: A Personal Snapshot, John G. Leefe
Dalhousie Law Journal
The collapse of the Atlantic fishery has resulted in significant economic dislocation and is in likelihood, going to result in long-term social dislocation as well. The unalterable fact is that the fishery of the future is going to be dramatically different from that which we are now leaving. Hindsight is not valid currency nor is assessment of blame a worthwhile exercise. We can, if we so choose, learn from the past. If we select that path our descendants will applaud us. If we choose to be as blind in the future as we often have been in the past, they …
Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander
Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander
Dalhousie Law Journal
This article addresses the collapse of Atlantic groundfish stocks in terms of its significant social and economic impact. How had so many people become dependent on this modest resource? What circumstances contributed to creating a hidden underemployed class in the fishing industry? The analysis adds to the thesis that public support of unproductive industry and income support systems underlie the current crisis, creating barriers to a viable future for the Atlantic Fishery. The authors draw on comparisons with the economy of the former Soviet Union where central planning of an economy based on state owned common property failed to harness …
The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles
The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles
Dalhousie Law Journal
While many explanations have been proposed for the 1990s Atlantic Canadian groundfishery collapse-ranging from "natural causes" to over-fishing and damaging technologies, to failures of fishery management and science-this paper examines the possibility that underlying these, at the roots of the collapse, liae set of entrenched attitudes that have driven fishery decision making. These attitudes, about the natural world, about management and about how the fishery should function, became influential especially where they prevailed at the institutional level, as the accepted wisdom among the dominant players in government and the fishery. Four sets of conservation-related attitudes are considered, dealing with (1) …
Lost Moorings: Offshore Fishing Families Coping With The Fisheries Crisis, Marian Binkley
Lost Moorings: Offshore Fishing Families Coping With The Fisheries Crisis, Marian Binkley
Dalhousie Law Journal
The fisheries crisis has severely affected the families of offshore fishermen. In Nova Scotia, offshore fishermen normally spent ten to fourteen days continuously at sea and as little as forty-eight hours on shore between voyages. The fishermen and their families adopted strategies to cope with that work schedule. This paper focuses on how these previously beneficial adaptations conflict with the new situation these families now face when many men have been laid off or had their work reduced.
Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen
Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen
Dalhousie Law Journal
This paper examines some of the basic economic, political and scientific assumptions we have utilized to organize fisheries activities in the North Atlantic. In particular, we discuss and criticize our commitments to corporate economic organization, centralized administrative structures, and conventional science. In addition, we raise questions about the obligation of our respective nation-states to the coastal communities which have most directly been affected by the social policies emanating from our institutional commitments.
What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair
What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair
Dalhousie Law Journal
Fisheries managers should really be attempting to manage the fishing fleets and the processing industry, not the fish. Consequently we argue that effective management ought to take an eco-systems approach that is necessarily interdisciplinary, incorporating both natural and social sciences. We ascribe the inadequate results of existing management regimes to scientific uncertainty, political pressures, the regulations' lack of legitimacy among fishers, and excessive reliance on individual fishers (rather than households and communities) as the unit of analysis. In a new interdisciplinary approach, we emphasize the contribution of social science in helping to understand what is defined as Scientific knowledge, how …
Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston
Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston
Dalhousie Law Journal
This paper reviews the evolution of fishery management as a field of crossdisciplinary inquiry and suggests that each participating discipline tends to be attracted to its own range of explanatory theories and to its own stock of relevant data. Impacts of fishery failure are experienced at different levels of society, each suggesting a different approach to remedial action. The fishery collapse in Atlantic Canada should be studied from a comparative perspective in order to gather ideas on how to cope more effectively with the socio-economic consequences. Above all, however, the disaster should be seen as an unprecedented challenge for the …
The Collapse Of The Northern Cod Fishery: A Historical Perspective, Graham D. Taylor
The Collapse Of The Northern Cod Fishery: A Historical Perspective, Graham D. Taylor
Dalhousie Law Journal
Although the collapse of Atlantic Canada's northern cod fishery may have been unexpected in terms of its rapidity, it is not an isolated or inexplicable event. This paper reviews the major factors affecting the cod fishery crisis (and other natural resource disasters of the 20th century) including: (1) the rapid development of technologies of resource exploitation; (2) the inadequacy of international measures to conserve and regulate the fishery; (3) limitations on scientific capabilities to manage the fishery; and (4) a cultural climate that emphasized economic growth above other values. The paper assesses the prospects for recovery of the fishery in …
To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood
To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood
Dalhousie Law Journal
The collapse of the Atlantic groundfish fishery is the result of a complex combination of factors including scientific uncertainties, overfishing, poor results in capacity control, and ecological conditions. It is argued that the root cause of the collapse is that the foundation of groundfish management since 1977 has been single species quotas rather than a sound set of principles for fisheries resource husbandry. The implications of this for science, management, and the fish are discussed and a principle based management structure is proposed.
Preface, Dawn A. Russell, Moira L. Mcconnell
Preface, Dawn A. Russell, Moira L. Mcconnell
Dalhousie Law Journal
As guest editors we are privileged to have the opportunity to create this special edition of the Dalhousie Law Journal. It is special for a number of reasons. First, the contributions reflect a specific decision on our part to explore the nature and meaning of events being experienced in Atlantic Canada's fishery from a variety of perspectives, of which law, traditionally privileged in law journals for its explanation of events, is perhaps the least important. Secondly the authors, many of whom are people who would not ordinarily write for legal publications, were given express carte blanche to contribute "think pieces" …
Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews
Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews
Dalhousie Law Journal
This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …
The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman
The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman
Dalhousie Law Journal
They were not to become an "object of jealously" according to the British and French in 1783. True to this admonition, the French islands of St. Pierre and Miquelon have remained as the uncontested footnotes to France's colonial presence in North America. However, the ocean area and resources adjacent to the French islands became the object of intense jealously, being the centre of a thorny, 25 year international dispute between Canada and France.