Publications -- Nigel Bankes

See also Public Interest Submissions here.

Selected Publications and Presentations

• "Legal Issues associated with Exploiting Alberta’s Oil Sands Resource", in Pro Natura (Universitetsforlaget, 2012)
• (with Rick Nilson) "Economic Regulation and the Design of a Carbon Infrastructure for Alberta, in Energy Networks and the Law: Innovative Solutions in Changing Markets, Martha M. Roggenkamp, Lila Barrera-Hernández, Donald N. Zillman, and Iñigo del Guayo, eds. (Oxford University Press, 2012)
• “Basin Closing Orders and Crown Reservations as Tools to Protect Instream Flow Requirements” (2011) 21 Journal of Environmental Law and Practice 17–67.
• (with Sarah Nykolaishen)  “The Jurisdiction of the Alberta Surface Rights Board Under Section 30 of the Surface Rights Act” (2011) 49 Alberta Law Review  1-36
• Report: (with Louie Porta): Becoming Arctic-Ready: Policy Recommendations for Reforming Canada’s Approach to Licensing and Regulating Offshore Oil and Gas in the Arctic (Oceans North Canada, 2011) .
• Research report: Is there currently a moratorium on the disposition of Crown oil and gas rights in Lancaster Sound?" (October 29, 2010)
• Has international law failed the polar bear" in Myron H. Nordquist et al (eds), Changes in the Arctic Environment and the Law of the Sea (Centre for Oceans Policy and, Martinus Nijhoff Publishers, 2010) pp. 635 - 686
• "Oil and gas and Mining Development in the Arctic: Legal Issues" in Natalia Loukacheva (ed.), Polar Law Text Book, Nordic Council of Ministers, 2010, Copenhagen, pp.101 - 122.
• "Policy Proposals for Reviewing Alberta's Water (Re)Allocation System" (2010) 20 Journal of Environmental Law and Policy 81 - 126
• "International human rights law and natural resources projects within the traditional territories of indigenous peoples" (2009), 47 Alberta Law Review 457 - 495
• "Developing a Legal Regime for Carbon Capture and Storage in Canada: Some reflections based upon a survey of natural gas storage regimes" (ISEEE, University of Calgary, 2009) 22pp
• (with Julia Gaunce), "Natural Gas Storage Regimes in Canada: a survey" ( ISEEE, University of Calgary, 2009) 129pp
• (with Julia Gaunce), "Natural Gas Storage Regimes in Canada: a survey: Executive Summary" (ISEEE, University of Calgary, 2009) 15pp.
• (with Jonnette Watson Hamilton), "Different Views of the Cathedral: The Literature on Property Law Theory" pp. 20 - 59 in Aileen McHarg et al (eds), Property and the Law in Energy and Natural Resources, Oxford, Oxford University Press, 2010
• (with David S. Lee), "The Legal Framework for the Conservation Hunting of Polar Bears in Nunavut" in Milton M.R. Freeman and Lee Foote (eds), Inuit, Polar Bears, and Sustainable Use: Local, National and International Perspectives, CCI Press, University of Alberta., 2009, pp. 199 - 213.
• "Land claim agreements in Arctic Canada in light of international human rights norms" (2009) 1 Yearbook of Polar Law 175 - 231
• "Climate Change and the Regime for the Conservation of Polar Bears" pp 351 - 382 in Timo Koivurova, E. Carina H. Keskitalo and Nigel Bankes (eds)), Climate Governance in the Arctic, Springer, 2009
• (with Timo Koivurova and E. Carina H. Keskitalo (eds)), Climate Governance in the Arctic, Springer, 2009, 451pp.
• (with Timo Koivurova and E. Carina H. Keskitalo), "Climate Governance in the Arctic: Introduction and Theoretical Framework" pp 1- 23 in Timo Koivurova, E. Carina H. Keskitalo and Nigel Bankes (eds)), Climate Governance in the Arctic, Springer, 2009.
• (with Timo Koivurova and E. Carina H. Keskitalo), "Conclusions on Climate Governance in the Arctic" pp 429 - 443 in Timo Koivurova, E. Carina H. Keskitalo and Nigel Bankes (eds)), Climate Governance in the Arctic, Springer, 2009.
• Book review of Roggenkamp et al, Energy Law in Europe: National, EU and International Regulation, 1488pp in (2009), 27 Journal of Energy and Natural Resources Law 97 - 103.
• "Mining and Recognition and Accommodation of Indigenous Interests: Some Options", in Timo Koivurova and Adam Stepien (eds), Reforming Mining Law in a Changing World with Special Reference to Finland, pp. 132 - 150, University of Lapland Printing Centre, Rovaniemi 2008.
• "Water management planning and the Crown's duty to consult and accommodate. A comment on Tsuu T'ina First Nation v. Alberta" (2008), 103 Resources 1- 8
• Legal Issues Associated with the Adoption of Commercial Scale CCS Projects, 32 pp paper prepared for Carbon Capture and Storage Forum, A Pembina-ISEEE Thought Leaders Forum, November 10, 2008, Calgary.
• (with Jenette Poschwatta) “Draft Australian legislation on Carbon Capture and Storage: A Canadian Perspective” (2008), 102 Resources 1 – 10
• “From Devils Lake to the Columbia River: Western Water Issues”, Institute for United States Policy Research, Occasional papers Series, volume 2, # 2, January 2008, 17pp
• (with Jenette Poschwatta) Australian Legislation on Carbon Capture and Storage: A Canadian Perspective, Research Report, Report prepared for the Institute for Sustainable Energy, Environment and Economy (ISEEE), June 2008, 78pp
• “Polar bears: the implications of an ESA listing for the continuing conservation hunt of bears” (2008) 101 Resources 5 – 9

• “The federal government’s climate change policy and the role of carbon capture and storage” (2008) 101 Resources 1 -5 
•  (with Martha Roggenkamp), “Legal Aspects of Carbon Capture and Storage” in Redgewell et al, (eds) Beyond the Carbon Economy,  Oxford , Oxford University Press, 2008.
• “Alberta’s Royalty Review and the Law of Grandparenting”, IAPR Policy Brief Series, September 2007, 5pp 
• (with Jenette Poschwatta and Mitch Shier), “The Legal Framework for Carbon Capture and Storage in Alberta” (2008), 44 Alberta Law Review 585 – 630
• “Speaking Truth to Power: some reflections on the role of law” (2007) 97 Resources 7-12
• (with Jenette Poschwatta), “Carbon capture and storage in Alberta : learning from the acid gas disposal analogy” (2007), 97 Resources 1-6
• (with Doug Clark), “Time for Action” WWF Arctic Bulletin No.1, 2007, 21 – 22 available at http://assets.panda.org/downloads/ab0107.pdf
• International Wildlife Law, Calgary, Canadian Institute of Resources Law, 2006, 50pp.
• “The legal framework inAlberta for acquiring water entitlements form existing users” (2006), 44 Alberta Law Review  323-376. 
• “Marshall and Bernard: Ignoring the Relevance of Customary Property Laws” (2006), 55 UNBLJ 120-134.
• “Mikisew Cree and the Lands Taken Up Clause of the Numbered Treaties” (2006), 92/93 Resources 1-8.
• "Shining a light on the management of water resources: the role of an environmental appeal board" (2006), 16 Journal of Environmental Law and Practice 131-185.
• (with Arlene Kwasniak), "The St. Mary's Irrigation District Licence Amendment Decision: Irrigation Districts as a Law unto Themselves" (2005), 16 Journal of Environmental Law and Practice 1-18.
• "The Lands Taken Up Provision of the Prairie Treaties" in Henry Epp (ed), Access Management: Policy to Practice, Proceedings of the Conference Presented by the Alberta Society of Professional Biologists, Calgary, Alberta March  18-19, 2003, pp. 53-63, Calgary, ASPB, 2004.
• "Termination of an Oil and Gas Lease, Covenants as to Title, and Assessment of Damages for Wrongful Severance of Natural Resources: A Comment on Williston Wildcatters" (2005), 68 Sask. L. Rev. 23-77.
• (with Mike Wenig), "Northern Gas Pipeline Policy and Sustainable Development: then and now?" in G. Bruce Doern (ed), Canadian Energy Policy and the Struggle for Sustainable Development, Toronto, University of Toronto Press , 2005, pp. 246-271.
• "Natural resource projects, indigenous peoples and the role of international law" (2004) (87) Resources 1-7.
• "Environment: Garrison Dam, Columbia River, the IJC, NGOs" (2004), 30 Canada-United States Law Journal 117-127.
• (with Alan Diduck, Doug Clark, and Derek Armitage) "Unpacking social learning in social-ecological systems: case studies of polar bear and narwhal management in northern Canada" in Breaking Ice: Renewable Resource and Ocean Management in the Canadian North, (ed Fikret Berkes et al), Calgary, The University of Calgary Press, 2005, pp. 269-290.
• (with Fikret Berkes, Melissa Marschke, Derek Armitage and Doug Clark) "Cross-Scale Institutions and Building Resilience in the Canadian North" in Breaking Ice: Renewable Resource and Ocean Management in the Canadian North, (ed Fikret Berkes et al), Calgary, The University of Calgary Press, 2005, pp. 225-247.
• "Exploring the roles of law and hierarchy in resilience: regulating resource harvesting inNunavut", in Breaking Ice: Renewable Resource and Ocean Management in the Canadian North, (ed Fikret Berkes et al),Calgary, The University of Calgary Press, 2005, pp. 291-315.
• "Aboriginal Title to Petroleum: Some Comparative Observations on the Law of Canada, Australia and the United States" (2004), 7 Yearbook of New Zealand Jurisprudence 111-15
• “Legal Systems”, in N. Einarsson & O. R. Young (eds), AHDR Arctic Human Development Report. Akureyri: Stefannson Arctic Institute, pp. 101-117.
• "The Case for the Abolition of Free Entry Mining Regimes" (2004), 24(2) J. Land, Resources, & Envtl. Law 317-322.
• "River treaties and changing values" (June/July 2004), Law Now, 16-18.
• "The Dispute Resolution Provisions of Three Northern Land Claims Agreements" in Catherine Bell and David Kahane, Intercultural Dispute Resolution in Aboriginal Contexts, UBC Press, Vancouver, 2004, pp.298B328.
• "Private Royalty Issues: A Canadian Viewpoint"," Private Oil and Gas Royalties, Paper No. 8, pp. 1- 65, Rocky Mountain Mineral Law Foundation, 2003.
• "Regulatory tribunals and aboriginal consultation" (2003), 82 Resources 1-4.
• "The Columbia River Treaty: Responding to Changing Norms" (2003), 29 Curso de Derecho International 271 - 350, Comité Jurídico Interamericano
• "Implementing the Fisheries Provisions of the Nunavut Claim: Re-Capturing the Resource?" (2003, 12 JELP 141-204.
• "The Stockholm Convention in the Context of International Environmental Law" in Downie and Fenge (eds) Northern Lights Against POPs: Combatting Toxic Threats in the Arctic, McGill- Queen's University Press, Montreal and Kingston, 2003 at pp. 160 - 191.
• (with Alastair Lucas), "Andrew Royden Thompson, 1925 - 2000 - "Environmental Lawyer, and Much More" (2000), 10 Journal of Environmental Law and Practice 1 - 15.
• "Oil and Gas Rights Regimes and Related Access and Benefit Issues in Yukon and Northwest Territories" paper prepared for a conference on Oil and Gas Law: Selected Topics, convened by the Legal Education Society of Alberta, Calgary, November 23, 2000, 55 pp.
• "Treaty Seven and the Surrender of Lands and Mineral Resources: Did it ever happen?" paper prepared for Oil and Gas Exploration and Development and Aboriginal Interests, Conference Convened by Pacific Business and Law Institute, November 23 and 24, 2000, pp.25.
• (with Doug Rae), "Recent Cases on the Calculation of Royalties on First Nations' Lands" (2000), 38 Alta. L. Rev. 258 - 293
• (with Alicia Quesnel), "Recent Judicial Developments of Interest to Oil and Gas Lawyers" (2000), 38 Alta. L. Rev. 294 - 363.
• "Historical Sources of Water Law" paper prepared for a Conference on Water Law convened by Law Seminars International, October 14 and 15, 1999, Vancouver, BC, pp. 22.
• Book review, The Polar Regions and the Development of International Law, by Donald R. Rothwell, (1998), 51 Arctic 62 - 63. 
• "Delgamuukw, Division of Powers and Provincial Land and Resource Law: Some Implications for Provincial Resource Rights" (1998), 32 U.B.C. L. Rev. 317 - 351
• (with Cheryl Sharvit), Aboriginal Title and Free Entry Mining Regimes in Northern Canada, Northern Minerals Program, Working Paper No. 2, Canadian Arctic Resources Committee, 1998
• "Steps towards the International Regulation of POPs [persistent organic pollutants]" (1998), 25(2) Northern Perspectives 18 - 21.
• "Compulsory Pooling under the Oil and Gas Conservation Act of Alberta" (1997), 35 Alta. L. Rev. 945 - 1012.
• "Privity of Bailment - Liabiltiy of Sub-Bailee to Owner of Goods: The Pioneer Container" (1997), 28 Can. Bus. L.J., 245-270 (with N.S. Rafferty).
• The Columbia Basin and the Columbia River Treaty: Canadian Perspectives in the 1990s, working paper published by Northwest Water Law and Policy Project, Northwestern School of Law of Lewis and Clark College, 1996, 110 pp.
• "Enviornmental Security and Gas Exports" (1996), 53 Resources 1-5.
• "International Watercourse Law and Forests", in, Canadian Councl on International Law (ed), Global Forests and International Environmental Law, Kluwer Law International, London, The Hague, Boston, 1996, pp. 137-191.
• "Pooling Agreements in Canadian Oil and Gas Law" (1995), 33 Alta. L. Rev. 493-550.
• "Water Law Reform in Alberta: Paying Obesance to the 'Lords of Yesterday' or Creating a Water Charter for the Future" (1995), 49 Resources 1-8.
• "International Responsibility", in Harold Coward and Thomas Hurka (eds.), Ethics and Climate Change: The Greenhouse Effect, Wilfred Laurier Press, Waterloo, 1993, pp. 115-132.
• "Aboriginal Peoples, Resource Exploitation and INternational Law", in Aboriginal Rights and International Law: The Proceedings of the 1993 Conference of Canadian Council on International Law, Ottawa, 1993, pp. 72-88.
• "Bilateral Issues: Alaska - Yukon and the Proposal for an International North Slope Wilderness Area" in Proceedings of a Conference on a Northern Foreign Policy for Canada, Canadian Polar Commission, 1994, pp. 152-155.
• Canadian Oil and Gas, 2nd edition, Butterworths, (1991-1993 and continuing), 10 Volumes (with Bennett Jones Verchere).
• "The Oil and Gas Industry: Some current Problems in Environmental Law" in Geoffrey Thompson et al. (eds.), Environmental Law and Business in Canada, Canada Law Book Inc., Aurora, 1993, pp. 543-569 (with P. Rowbotham).
• "Towards Sustainable Development in Canada's Arctic: Policies and International Relations" in Hampson and Maule (eds.), Canada Among Nations: 1993-94, Carleton University Press, Ottawa, 1993, pp. 170-189 (with T. Fenge and S. Kalff).
• "Ethics and Resource Takings: The Schwindt Report" (1993), 41 Resources, 1-7.
• "Marketing Electricity: Alberta Review Raises Key Issues for a Sustainable Energy Policy" (1992), 38 Resources 7-11 (with J. Keeping).
• "Constitutionalized Intergovernmental Agreements and Third Parties: Canada and Australia" (1992), 30 Alta L. Rev. 524-554.
• "Jurisdictional Problems in Relation to the Assessment of Hydro Projects in the Nunavik Region of Quebec" in Contaminants in the Marine Environment of Nunavik, Makivik Corpn, and the Centre d'etudes nordiques, Université Laval.
• "The Board of Investigation and the Water Rights of Indian Reserves in British Columbia, 1909-1926" in Kery Abel and Jean Friesen (eds.), Aboriginal Resource Use in Canada: Historical and Legal Aspects, University of Manitoba Press, Winnipeg, 1991, at pp. 219-245.
• Canadian-U.S. Relations in the Arctic Borderlands, Canadian Arctic Resources Committee, Ottawa, 1991 (with L. Staples)
• "Shaping the Future or Meeting the Challenge? The Federal Constitutional Proposals and Global Warming" (1991), 36 Resources 1-6.
• "Co-operative Federalism: Third Parties and Intergovernmental Agreements in Canada and Australia" (1991), 29 Alta L. Rev. 792-838.
• "International Law Reform and the Protection of the Arctic" in Report of the Canadian Bar Association on Sustainable Development in Canada: Options for Law Reform, 1990, at pp. 265-271.
• "A Tenant's Remedies for a Landlord's Breach: The Impact of Lehndorff Canadian Pension Properties Ltd. v. Davis Management Ltd." (1990), 24 U.B.C. L. Rev. 155-189 (with N.S. Rafferty).
• "Legal Prescriptions for an Atmosphere that will Sustain the Earth", in Saunders (ed.) The Legal Challenge of Sustainable Development, pp. 155-181, Canadian Institute of Resources Law, Calgary, 1990.
• "Forty Years of Canadian Sovereignty Assertion in the Arctic 1947-87" (1987), 40 Arctic 285-291.
• "The Status of Hudson Bay" (1987), 15 (3) Norther Perspectives 14-15.
• "A Legal Argument" in Peter J. Usher and N.D. Bankes, Property, The Basis of Inuit Hunting Rights - A New Approach, at 43-77, Inuit Committee on National Issues, Ottawa, 1986.
• "Indian Resource Rights and Constitutional Enactments in Western Canada, 1871 to 1930" in Louis Knafla (ed.) Law and Justice in a New Land: Essays in Western Canadian Legal History, at pp. 129-164, Carswell, Toronto, 1986.
• "Canada and the Natural Resources of the Polar Regions" in International Law: Critical Choices for Canada 1985-2000, at pp. 292-323, Queen's Law Journal, special issue, 1986.
• Crown Timber Rights in Alberta, Canadian Institute of Resources Law, 1986, 125 pp.
• "Energy and Natural Resources: The Canadian Constitutional Framework" in Case Studies in the Division of Powers, at pp. 53-138, Toronto, University of Toronto Press, 1986, prepared for the Royal Commission on the Economic Union and Development Prospects for Canada (with C.D. Hunt and J.O. Saunders).
• "Constitutional Problems Related to the Creation and Administration of Canada's National Parks" in J. O. Saunders (ed.), Managing Natural Resources in a Federal State, at pp. 212-234, Carswell, Toronto, 1986.
• The Assignment and Registration of Crown Mineral Interests, Canadian Institute of Resources Law, 1985, 123 pp.
• "Inuit Interests in the Arctic Offshore" in Ocean Policy and Management in the Arctic at 85-114, Canadian Arctic Resources Committee, Ottawa, 1984 (with P. Jull).
• "Acid Rain: Multilateral and Bilateral Approaches to Transboundary Pollution Under International Law", (1984), 33 University of New Brunswick Law Journal 155-201 (with J.O. Saunders).
• "Environmental Protection in Antarctica", (1981), 19 Canadian Yearbook of International Law 303-319.
• "Legal and Administrative Framework for Monitoring and Feedback Systems in Environmental Assessment and Management" in S.D. Clark (ed.), Environmental Assessment in Australia and Canada, 437-486, University of Melbourne Law School, and the Westwater Research Centre, 1981 (with A. R. Thompson).
• "A Migratory Caribou Convention" (1980), 18 Canadian Yearbook of International Law 285-300.