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LLM Theses Archive

Submitted by amabel on Tue, 12/16/2014 - 11:40am

An archived list of theses completed by LLM students at the Faculty of Law. While the list goes back to 1991, it may not be complete.

2015

Submitted by amabel on Fri, 08/28/2015 - 11:29am

Marechal de Carteret, Kevin; Comparing Water Allocation in the Western United States and Southern Alberta: Does the Crown’s Fiduciary Duty to Protect the Aboriginal Interest in Reserve Lands hold any Water?

Author: Marechal de Carteret, Kevin
Title: Comparing Water Allocation in the Western United States and Southern Alberta: Does the Crown’s Fiduciary Duty to Protect the Aboriginal Interest in Reserve Lands hold any Water?
Call Number: KF8210 .W38 M37 2015
ProQuest Dissertations & Theses
Theses Canada

Abstract

Water allocation regimes in the Western United States and Alberta are compared to determine the applicability of the United States' Indian reserved water rights doctrine, also known as the Winters doctrine, in the Treaty 7 area of Alberta. It is established that a significant difference in the division of powers between states and the federal government in the U.S., and provinces and the federal government in Canada, prevents application of the Winters doctrine in Canada. It is argued that the assumption of control over the Aboriginal interest in surface waters associated with Indian reserves through the North-west Irrigation Act, 1894 and the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 give rise to an obligation on the part of the Crown in right of Alberta to furnish priority water allocations for use on reserves in Treaty 7.

2014

Submitted by amabel on Mon, 01/19/2015 - 10:32am

Ayamdoo, Nelson Atanga; Offshore Petroleum Pollution and Compulsory Insurance: The Case of Ghana

Author: Ayamdoo, Nelson Atanga
Title: Offshore Petroleum Pollution and Compulsory Insurance: The Case of Ghana
Call Number: AC1 .T484 2014 A936
ProQuest Dissertations & Theses
Theses Canada

Abstract

The exploration and exploitation of petroleum in the offshore creates the risk of accidental oil spills and other forms of pollution. In accordance with the polluter pays principle, the Ghanaian petroleum regime allocates the costs of offshore pollution cleanup to the responsible oil company. However, allocating pollution cleanup liability does not guarantee that funds will be available to cover the costs of cleanup unless there are mechanisms to ensure payment.

Given that oil companies could become insolvent or judgment-proof and may fail to pay the costs of cleanup, the thesis argues for a pre-payment mechanism in the form of compulsory insurance to ensure that the polluter eventually pays. Such a requirement may also induce oil companies to adopt optimal care levels to prevent pollution. The thesis concludes that the proposal to institute a compulsory insurance scheme in Ghana's upstream industry is appropriate and suggests measures to improve the proposed scheme.

Hocking, Jennifer; The role of the National Energy Board in regulating access to pipelines

Author: Hocking, Jennifer
Title: The role of the National Energy Board in regulating access to pipelines
Call Number: AC1 .T484 2014 H633
ProQuest Dissertations and Theses
Theses Canada

Abstract

Abstract This thesis examines National Energy Board (NEB) decisions, legislation and policy documents regarding access to oil and natural gas export pipelines. The NEB approach to regulation of access to pipelines has changed over time as oil and gas markets have changed. Originally, oil pipelines were entirely common carriers. In the last fifteen years, the NEB has approved new oil pipelines in which the majority of capacity is subject to firm contracts, provided that certain conditions are met. Currently, capacity in oil export pipelines is tight. The thesis recommends that the NEB codify its current approach to access to oil export pipelines, with some minor improvements, to provide certainty and transparency. Natural gas pipelines are contract carriers. As there is currently adequate capacity in natural gas export pipelines, no changes to the NEB approach to access to natural gas pipelines are recommended at this time.

Opara, Nonye; Meeting Environmental Challenges of Oil Production in Nigeria: a Case for Environmental Restoration Funds

Author: Opara, Nonye
Title: Meeting Environmental Challenges of Oil Production in Nigeria: a Case for Environmental Restoration Funds
Call Number: AC1 .T484 2014 O637
ProQuest Dissertations and Theses
Theses Canada

Abstract

Historically, the Nigerian economy has been dependent on oil. Decades of oil production in the Niger Delta, the country’s oil producing region, has degraded the environment. While the need to tackle environmental degradation in oil-producing communities has been widely recognized, existing legal interventions are dispersed and do not focus on environmental restoration. Against the backdrop of recent scientific studies highlighting the severity of contamination in the region, this thesis makes a legal case for the establishment of an environmental restoration fund as a targeted mechanism to restore the Niger Delta environment. Through the lens of the theory of intergenerational equity, the thesis concludes that the creation of a fund dedicated to environmental restoration will help maintain the environment in a way that supports current oil production, encourages local livelihoods and preserves existing natural resources as a legacy for the future.

Owusu, Kofi: Regulation of Operational Pollution from Offshore Oil and Gas Activities in Ghana: Lessons from Norway

Author: Owusu, Kofi
Title: Regulation of Operational Pollution from Offshore Oil and Gas Activities in Ghana: Lessons from Norway
Call Number: AC1 .T484 2014 O98
ProQuest Dissertations & Theses
Theses Canada

Abstract

Operational pollution from offshore oil and gas exploration and production has become a major environmental problem for governments. Regulators have adopted either prescriptive or performance-based regulation to address this problem. This thesis examines both approaches and argues that performance-based regulation is best suited for the purpose of regulating operational pollution. The thesis further identifies essential elements of effective performance-based regulation and identifies the key elements in the Norwegian regime for regulating offshore operational pollution including: the use of performance-based regulation; comprehensive legislative arrangement; and a regulator with clearly defined roles and responsibilities. The thesis then explores the extent to which these elements identified are present in the Ghanaian regime to regulate operational pollution. The thesis concludes by recommending a transfer of the key elements from Norway to Ghana to ensure that an effective regime is in place for regulating operational pollution from the offshore oil and gas industry going forward.

Poulton, David William; Conservation offset policy for Alberta : a comparative legal analysis

Author: Poulton, David William
Title: Conservation offset policy for Alberta : a comparative legal analysis
Call Number: AC1 .T484 2014 P688
ProQuest Dissertations and Theses
Theses Canada

Abstract

The Province of Alberta has expressed an interest in conservation offsets as a new policy tool to promote land stewardship. The tool is enabled by provisions of the Alberta Land Stewardship Act. This thesis explores what Alberta must do in order to develop and implement an effective and credible conservation offset mechanism. It reviews the concept of conservation offsets and some of the key issues inherent to it. Focussing primarily on legal and regulatory aspects, it reviews the experience of conservation offset regimes for wetlands in the United States and for native vegetation in the State of Victoria, Australia. Drawing lessons from each of these case studies, it considers Alberta’s policy position and makes recommendations for bringing an Alberta conservation offset system to fruition.

2013

Submitted by amabel on Mon, 01/19/2015 - 10:37am

Vaiciulis, Rolandas; Linking Emissions Trading Schemes with the European Union

Author: Vaiciulis, Rolandas
Title: Linking Emissions Trading Schemes with the European Union
Call Number:
ProQuest Dissertations and Theses
Theses Canada

Abstract

Emissions trading is a crucial policy tool for reducing greenhouse gas emissions in a costeffective way. The world's largest existing emissions trading scheme is the European Union's cap-and-trade Emissions Trading Scheme (EU ETS). It was established in 2005 through the Emissions Trading Directive to help the European Union and its member states to reduce greenhouse gas emissions and fulfill their commitments under the Kyoto Protocol in a cost-effective way. The Directive recognizes that linking the EU ETS to other emissions trading schemes would increase the cost-effectiveness of reaching the community's emissions reduction commitment.

When the EU ETS was launched in 2005, in its first phase, it covered over 11,500 energy-intensive installations across the then 15 EU member states, representing 45 percent of the EU's carbon dioxide (CO 2 ) emissions. Currently in its second trading period, from 2008 to 2012, the EU ETS now addresses emissions from the enlarged EU, with 27 member states. The EU ETS is also linked to domestic emissions trading schemes in Norway, Iceland and Lichtenstein. Most recently, in August 2012, Australia and the EU announced their intention of linking their emissions trading schemes. Switzerland is also considering the establishment of a domestic emissions trading scheme and anticipating linking to the EU ETS in the future. Because of its size and harmonization experience, this scheme offers a starting point for establishing a global network of greenhouse gas emissions trading schemes.

Greenhouse gas emissions trading schemes in Canada, in particular, the proposed federal scheme and the existing Alberta provincial scheme are also potential candidates for linkage under article 25 of the EU Trading Directive, through an agreement for the mutual recognition of allowances. However, the different designs of the EU and Canadian domestic emissions schemes will pose challenges in establishing linkage. This thesis identifies some of the key features in the design of emissions trading schemes and the implications of these design features when exploring linkage between the EU ETS and the Canadian emissions trading schemes.

2012

Submitted by amabel on Mon, 01/19/2015 - 10:39am

Adimazoya, Theodore Nsoe; Governance of Resource Revenues in Ghana's Mineral and Petroleum Sectors

Author: Adimazoya, Theodore Nsoe
Title: Governance of Resource Revenues in Ghana's Mineral and Petroleum Sectors
Call Number: AC1 .T484 2012 A356
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis is a critical comparative study of the governance frameworks for resource revenues in the Ghanaian mineral and petroleum sectors. It examines the law and legal institutions of both sectors with regard to transparency and accountability in the management of resource rents. In particular it argues that the experiences of the petroleum sector governance regime can be used to reform the mining sector.

The thesis further argues that the availability of legal mechanisms which ensure that citizens have timely and accurate information on the resources exploited and the utilization of rents is essential to good resource management. It concludes that while the petroleum sector may offer the mining sector ideas about how to reform its revenue governance system, if the reform is to be effective it needs to be carried out holistically, consistent with the mining context.

Ampofo-Boateng, Kwame; Improving legal structures and policies to address the water conflicts in the Volta River basin in West Africa : Lessons from the International Joint Commission

Author: Ampofo-Boateng, Kwame
Title: Improving legal structures and policies to address the water conflicts in the Volta River basin in West Africa: Lessons from the International Joint Commission
Call Number: AC1 .T484 2012 A538
ProQuest Dissertations and Theses
Theses Canada

Abstract

The Volta River Basin (VRB) in West Africa is facing water conflicts that include water quantity, water quality, pollution, flooding, and competition for water for hydroelectric power generation and water for irrigation. The VRB’s six riparian nations; Benin, Burkina Faso, Côte d'Ivoire, Ghana, Mali, and Togo, created a legal regime called the Volta Basin Authority (VBA) to address the water conflicts. However, the VBA has failed to address the water conflicts as it is plagued by deficiencies in its legal structures and policies. The International Joint Commission (IJC) on the other hand, has successfully addressed the boundary waters disputes between the United States and Canada. The IJC’s success has been aided by its exercise of its Reference Jurisdiction mandate that has allowed it to use flexibility to investigate and report on questions referred to it by the governments of the United States and Canada. This thesis seeks to identify the factors that have assisted the IJC’s successful use of flexibility under its Reference Jurisdiction mandate. It assesses the VBA as presently constituted and finds that it lacks an IJC-type independent fact-finding body that is equipped with flexible Reference Jurisdiction-type powers. The thesis suggests that incorporating an IJC-type structure with a flexible Reference Jurisdiction-type mandate into the VBA would assist the VBA to better address the water conflicts in the VRB. As well, the thesis recommends changes to the VBA’s other legal structures and policies to assist it to better deal with the water conflicts in the VRB.

Bone, Jeffrey; Is There Legal Justification for Increasing the Substantive Basis of Municipal Authority Over Resource Development?

Author: Bone, Jeffrey
Title: Is There Legal Justification for Increasing the Substantive Basis of Municipal Authority Over Resource Development?
Call Number: AC1 .T484 2012 B664
ProQuest Dissertations and Theses
Theses Canada

Abstract

Radu, Ana Maria; Long-term liability for carbon capture and storage project activities within the clean development mechanism

Author: Radu, Ana Maria
Title: Long-term liability for carbon capture and storage project activities within the clean development mechanism
Call Number: AC1 .T484 2012 R348
ProQuest Dissertations and Theses
Theses Canada

Abstract

Recent research has emphasized the importance of carbon dioxide capture and storage (CCS) as a greenhouse gas mitigation option for responding to the risk posed by global warming. When regulating CCS, however, long-term liability has proved to be one of the most difficult aspects to address. This thesis is concerned with long-term liability for non-permanence for CCS as a Clean Development Mechanism project activity. The purpose of this thesis is to identify the optimum solution to address this problem. In order to achieve this, the thesis puts CCS in the context of other CDM project activities (Afforestation and Reforestation) which pose analogous non-permanence challenges. It also examines two different liability regimes: the international regime for oil tankers and the European Union’s CCS legislation. It then proposes a test based on three major principles of international environmental law to measure the appropriateness of different liability schemes before concluding that a transfer of liability to the host country is the optimum way to address liability.

2011

Submitted by amabel on Mon, 01/19/2015 - 10:50am

Mihai, Elena; International Civil Liability Regimes for Nuclear, Oil Transport and Industrial Activities

Author: Mihai, Elena
Title: International Civil Liability Regimes for Nuclear, Oil Transport and Industrial Activities
Call Number: K953 .M54 2010
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis is concerned with international liability for transboundary consequences arising out of acts not prohibited by international law. Specifically, it considers three civil liability regimes: nuclear liability, oil transport and industrial accidents with consequences for transboundary waters. It explores whether the development of civil liability regimes regulating particular hazardous activities is the appropriate solution to ensure the fulfillment of the duty to prevent harm and the duty to compensate. It also explores whether the three civil liability regimes have changed over the years to provide broader protection and more adequate compensation for the victims of an accident.

The thesis concludes that the development of civil particular liability regimes serves two aims: to allow risky but socially important activities to continue and to provide compensation to those who suffer harm. Some elements of these aims are only partially fulfilled. The obligations of prevention and compensation are not equally emphasized and. in particular, the three liability regimes are more concerned with compensation for damage after an accident than with preventing it.

The liability regimes have changed over the years to bring levels of compensation in line with the damages suffered. However, aspects of damage remain uncompensated. Thus these three civil liability regimes do not totally implement the "polluter pays" principle.

Kalu Onuma, Orieji; Towards a Legal and Regulatory Framework for the Sustainable Development of Gas in Nigeria: With Lessons From the Canadian Province of Alberta

Author: Kalu Onuma, Orieji
Title: Towards a Legal and Regulatory Framework for the Sustainable Development of Gas in Nigeria: With Lessons From the Canadian Province of Alberta
Call Number: AC1 .T484 2011 O58A
ProQuest Dissertations and Theses
Theses Canada

Abstract

The new status of natural gas in the global energy mix, Nigeria's extensive gas reserves, and the marked under-development, under-utilization and environmental challenges associated with Nigeria's gas sector make an examination of gas development in Nigeria imperative. This thesis, using sustainable development as a theoretical framework, examines the development of a sustainable legal and regulatory framework for gas development in Nigeria. It demonstrates how sustainable development can be integrated into practical decision-making, using conservation, which is an aspect of sustainable development, as a basis for arriving at evaluative criteria for determining a sustainable legal framework for gas development.

This thesis utilizes an evaluation and comparison of Alberta and Nigeria's legal and regulatory frameworks for development of gas against identified criteria to arrive at answers to the research questions posed and to make recommendations for reform of Nigeria's legal and regulatory framework for gas development. It concludes that while in recent years the government is devoting more resources to natural gas development, Nigeria's legal and regulatory system needs foundational reform before it can truly be called sustainable.

Omura, Robert K.; The brownfield market failure in Canada: Strategies for cleaning up contaminated sites

Author: Omura, Robert K.
Title: The brownfield market failure in Canada: Strategies for cleaning up contaminated sites
Call Number: KF 3790 .O68 2011
ProQuest Dissertations and Theses
Theses Canada

Abstract

A major obstacle to the goal of sustainable urban development has been the ongoing presence of historic contamination. No one wants to live, work or play next to contaminated land. These so-called brownfield sites often remain abandoned and underutilized lands that could be put to higher or better uses if the longstanding problem of contamination is addressed. This thesis identifies key factors underlying the brownfield market failure and discusses ways to correct the market failure. This thesis looks at improved information through capacity building, fixing structural problems associated with the regulatory system, such as the way liability rules operate within environmental legislation, and a sustainable development approach through greater municipal action. It attempts to integrate current theories of liability with the regulatory framework under federal, provincial and municipal law, and discusses the rapid expansion of municipal activism as a good approach to an effective brownfield strategy.

Yearsley, Jenette; Tort Theory and Liability Rules for Carbon Capture and Storage Projects

Author: Yearsley, Jenette
Title: Tort Theory and Liability Rules for Carbon Capture and Storage Projects
Call Number: K953 .Y43 2011
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis contributes a theoretical perspective on how to deal with the long-term liability issues associated with Carbon Capture and Storage (CCS). CCS is a new technology which may be used as a climate mitigation strategy. Currently, no legislation in Canada deals with long-term liability for CCS operations. All CCS liability issues would be resolved through the existing default liability rules which generally leave liability with the operator. Some question whether this is appropriate which gives rise to some fundamental questions. What are the main theories that justify the imposition of liability? Do the different liability approaches address the long-term liability concerns? Is there a theoretical justification for the different approaches? Should society adopt an alternative to the tort adjudication system? This thesis develops a set of criteria for assessing liability regimes and then applies them in the context of CCS operations.

2010

Submitted by amabel on Thu, 12/18/2014 - 1:00pm

Afriyie-Ansah, Dorothy; Reforming Ghana's national oil company : possible lessons from Norway and Brazil

Author: Afriyie-Ansah, Dorothy
Title: Reforming Ghana's national oil company : possible lessons from Norway and Brazil
Call Number: AC1 .T484 2010 A44|
ProQuest Dissertations and Theses
Theses Canada

Abstract

Ayisi, Martin Kwaku; Ghana's new mining law: An evaluation of its competitiveness

Author: Ayisi, Martin Kwaku
Title: Ghana's new mining law: An evaluation of its competitiveness
Call Number: AC1 .T484 2009 A98527
ProQuest Dissertations and Theses
Theses Canada

Abstract

Ghana enacted a new mining law in 2006. The law aims to reposition Ghana as the most attractive destination for mining investment in Africa and to enhance the country's competitiveness globally. During the 1990s, the legal regime for mining in Latin America emerged as an ideal frame of reference regarding the legal framework to attract private especially foreign investment. This has come to be known as the Latin American Mining Law Model. The thesis assesses the new mining law of Ghana against the Latin American Mining Law Model with an emphasis on the legal framework for mining in Chile. It finds that the new mining law brings Ghana closer to that of other countries considered as international best practice.

Macias, Rebeca; Public Participation in Water Conservation and Revitalization: The Case of the Das Velhas River Basin, Brazil

Author: Macias, Rebeca
Title: Public Participation in Water Conservation and Revitalization: The Case of the Das Velhas River Basin, Brazil
Call Number: AC1 .T484 2010 M3365A
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis proposes reform of the Brazilian law governing public participation in decision-making concerning the revitalization of one river basin, the Das Velhas River Basin. Habermas' theory of Communicative Action and Ethics is used to lay a theoretical foundation on which criteria are constructed to evaluate the public participation. Civil society had mobilized in the river basin, through the Manuelzão Project, before the 1997 Brazilian Water Law was enacted. That law gave river basin committees lawmaking power for revitalization. The Das Velhas River Basin Committee authorized the creation of sub-basin forums, the Das Velhas River Basin Subcommittees, for input on local environmental aspects. However, community members lacked interest in participating in the government forums, as compared to their participation in the Manuelzão Project. Based on a thought experiment to construct local people's evaluation of their experiences, I suggest changes to improve public participation, including a consideration of marginalized groups' voices.

Russell, Sasha M; The Treatment of carbon capture and storage projects within emissions trading systems

Author: Russell, Sasha M.
Title: The Treatment of carbon capture and storage projects within emissions trading systems
Call Number: AC1 .T484 2010 R87
ProQuest Dissertations and Theses
Theses Canada

Abstract

2009

Submitted by amabel on Thu, 12/18/2014 - 12:59pm

Ayisi, Martin Kwaku; Ghana's New Mining Law: an evaluation of its competitiveness

Author: Ayisi, Martin Kwaku
Title: Ghana's New Mining Law: an evaluation of its competitiveness
Call Number: AC1 .T484 2009 A98527
ProQuest Dissertations and Theses
Theses Canada

Abstract

Ghana enacted a new mining law in 2006. The law aims to reposition Ghana as the most attractive destination for mining investment in Africa and to enhance the country's competitiveness globally. During the 1990s, the legal regime for mining in Latin America emerged as an ideal frame of reference regarding the legal framework to attract private especially foreign investment. This has come to be known as the Latin American Mining Law Model. The thesis assesses the new mining law of Ghana against the Latin American Mining Law Model with an emphasis on the legal framework for mining in Chile. It finds that the new mining law brings Ghana closer to that of other countries considered as international best practice.

Bell, Maureen A; Provincial Jurisdiction and Fish Habitat

Author: Bell, Maureen A
Title: Provincial Jurisdiction and Fish Habitat
Call Number: AC1 .T484 2009 B3966
ProQuest Dissertations and Theses
Theses Canada

Abstract

Jurisdiction over fish habitat is exclusively a federal matter under the Canadian Constitution. The Province of Alberta has jurisdiction to manage water within provincial boundaries subject to exclusive federal jurisdiction and validly enacted and paramount federal legislation. This thesis examines the constitutional effect of the federal mandate to manage fisheries on the provincial mandate to manage water. It looks at where there are inconsistencies and the effect of those inconsistencies. This thesis shows that the federal government has jurisdiction to ensure water is managed provincially such that there is sufficient water in the stream for fish habitat pursuant to "Seacoast and Inland Fisheries," found in subsection 91(12) of the Constitution Act, 1867 and the Fisheries Act , and it is unconstitutional for the Province to manage its water in a manner inconsistent therewith.

Lawson, Susan G.; Water as Property - Does It Belong To Us All?

Author: Lawson, Susan G.
Title: Water as Property - Does It Belong To Us All?
Call Number: AC1 .T484 2009 L3927
ProQuest Dissertations and Theses
Theses Canada

Abstract

In this paper I consider the rights of water licensees. I begin from the normative perspective that if water licences are private property interests, then licensees would be able to use, alienate and exclude all others from the water to which they are entitled.

I then look to property theory and set out the basic elements of private, state and common property and identify a gap between state and commom property. It is in this gap that I believe water can be appropriately placed. I then apply the three forms of property to the provincial and licensees' interests in water to determine if water meets the criteria of private property or common property. I conclude that water is a form of common property as both the province's and licensee's interests in water meet the criteria of common property and do not meet the criteria of private property.

Kelani, Oluwaseun Solomon; Towards a comprehensive legal framework for the decommissioning of offshore oil and gas facilities in Nigeria : lessons from the Brent Spar case

Author: Kelani, Oluwaseun Solomon
Title: Towards a comprehensive legal framework for the decommissioning of offshore oil and gas facilities in Nigeria : lessons from the Brent Spar case
Call Number: K3918 .K45 2009
ProQuest Dissertations and Theses
Theses Canada

Abstract

Polyakevich, Victoria G.; Sustainable Development and Evolution of Production Sharing Agreements: Multi-Stakeholder Perspective

Author: Polyakevich, Victoria G.
Title: Sustainable Development and Evolution of Production Sharing Agreements: Multi-Stakeholder Perspective
Call Number: AC1 .T484 2009 P6589
ProQuest Dissertations and Theses
Theses Canada

Abstract

The thesis elaborates issues of non-parties' rights protection in the formation and renegotiation of petroleum agreements. Since the idea of permanent sovereignty over natural resources was introduced in 1962, numerous oil exporting countries' governments modernized their oil investment agreements in order to meet this international principle and thus defend the interests of their peoples. Nevertheless, the problem of balance between defending investors' assets and protection of local population interests is not yet solved and governments continue to reform these contracts.

For a prolonged time in the disputes on renegotiation of petroleum agreements the state parties used arguments based on the principle of permanent sovereignty. The investors used arguments based on the "resource curse" theory, sought more transparency in fiscal regimes and more democracy in state regimes of petroleum exporting countries.

This thesis uses sustainable development as a legal theoretical framework that suggests a middle path, a way to point out, strengthen and protect mutual interests of foreign investors and host governments. Besides, within the framework of sustainable development the thesis elaborates protection of rights of other stakeholders impacted by the petroleum contract implementation.

The argument of the thesis is focused on promotion of sustainability in production sharing agreements. The author examines development of production sharing agreements during the past several decades in four jurisdictions in support of the hypothesis that there is an evolution of these investment instruments towards sustainability. The thesis contains theoretical analysis of terms and practical recommendations for evaluation of present and evolution of future production sharing agreements in order to make these petroleum agreements better for multiple sustainability stakeholders.

Row, Victoria Wismer; The Enforceability of Conservation Easement Agreements in Alberta

Author: Row, Victoria Wismer
Title: The Enforceability of Conservation Easement Agreements in Alberta
Call Number: AC1 .T484 2009 R692
ProQuest Dissertations and Theses
Theses Canada

Abstract

Conservation easement agreements may be granted by landowners for the purpose of conserving, protecting and enhancing the environment including biological diversity, natural scenic and esthetic values on privately owned land as authorized by clauses 22(2)(a)(b) and (c) of the Environmental Protection and Enhancement Act. The goal of this thesis is to analyze whether conservation easements registered on the certificates of title to land in Alberta will be enforceable against the original grantors and subsequent owners of the land. Some of the purposes of the conservation easement agreements collected may not fall within the statutory purposes. An analysis of the terms of the conservation easements collected shows that there are restrictions on the uses of land; however, there are exemptions to those restrictions. Some essential terms in the restrictions and exemptions are undefined and may be void for uncertainty. Because conservation easements are similar to restrictive covenants they may be strictly construed. Challenges to the enforceability of conservation easement agreements may be reduced by including provisions that deal with third party impacts including resource development and access easements, interpretation, severability, amendment, modification, baseline reports, and general restructions and residual rights. There may be remedies, such as severance and modification pursuant to subsection 48(4) of the Land titles Act or clauses 22(7)(a) and (b) of the Environmental Protection and Enhancement Act, and amendment by agreement which a court might use to save an otherwise unenforceable conservation easement agreement. There are dispute resolution mechanisms including arbitration available to the parties to reduce the time, effort and expense of resolving disputes.

2008

Submitted by amabel on Thu, 12/18/2014 - 12:53pm

Dagne, Teshager Worku; Trade and Environment in the WTO: The Status of Unilateral Trade Measures Taken for Environmental Purposes

Author: Dagne, Teshager Worku
Title: Trade and Environment in the WTO: The Status of Unilateral Trade Measures Taken for Environmental Purposes
Call Number: AC1 .T484 2008 D3466
ProQuest Dissertations and Theses
Theses Canada

Abstract

Environmentally motivated unitlaeral trade measures have been at the center of attention in the world Trade Organization's (WTO) dispute settlement fora and in its various organs. The controversy around these measures concerns, first and foremost, their legality under the WTO rules. The thesis aims to answer whether environmentally motivated unilateral trade measures are allowed in the WTO. It argues that such measures are allowed in the system only as a last resort and only if their application runs congruent to the values and objectives recognized by the system. The thesis suggests a technique by which the status of unilateral trade measures may be clarified. It is hoped that the discussion and propostition in this thesis will contribute to the efforts for the clarification of the status of environmentally motivated unilateral trade measures in the WTO.

Daudu, Olurotimi Williams; National Implementation of and Compliance with the Rotterdam Convention: A Perspective from African Countries

Author: Daudu, Olurotimi Williams
Title: National Implementation of and Compliance with the Rotterdam Convention: A Perspective from African Countries
Call Number: AC1 .T484 2008 D3853
ProQuest Dissertations and Theses
Theses Canada

Abstract

The Rotterdam Convention regulates international transfer of certain hazardous chemicals and pesticides. Such chemical substances have been scientifically adjudged to pose unacceptable risks to human health and the environment. Under the Rotterdam Convention, international shipment of such chemicals and pesticides must not take place except with the prior informed consent of the recipient country.

Given the significance of implementation to the attainment of treaty goals, this thesis examines national implementation of and compliance with the Rotterdam Convention. The thesis concludes that Nigeria and other African countries lack the capacity to effectively fulfill their obligations. It proposes specific mechanisms to strengthen national capabilities.

Figueroa, Isabela; The Ecuadorian Multicultural State: Implications for Indigenous Land Rights

Author: Figueroa, Isabela
Title: The Ecuadorian Multicultural State: Implications for Indigenous Land Rights
Call Number: AC1 .T484 2008 F5468
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis argues that multiculturalism is a principle for interpreting the 1998 Constitution and, in light of that, the inalienability of indigenous lands reflects the exercise of an inter-generational right and protects the exercise of indigenous self-governance. The Constitution also establishes the state's ownership of oil and any non-renewable resources in the subsoil. Most of Ecuador's oil reserves are located in the Amazon region, which is inhabited by several indigenous peoples. The intersection of the property systems for the surface and the mineral estate is a realm of constant conflict between indigenous peoples and the Ecuadorian state. The thesis argues that the 1998 Constitution prevents the multicultural state from extinguishing indigenous property rights even by resorting to expropriation based on a claim of public interest. Thus the thesis argues that indigenous consent is a condition precedent to state authorization of oil projects inside indigenous lands.

Nwapi, Chilenye; Public Participation in Oil and Gas Decision-Making in Nigeria: A Legal Analysis

Author: Nwapi, Chilenye
Title: Public Participation in Oil and Gas Decision-Making in Nigeria: A Legal Analysis
Call Number: AC1 .T484 2008 N8832
ProQuest Dissertations and Theses
Theses Canada

Abstract

Nigeria is on the threshold of comprehensively reviewing its oil and gas laws with a view to, among others, addressing the conflicts associated with the management of the resources, especially as it affects the people of the oil producing region of the country who have been vigorously protesting their alienation from the resources. This thesis seeks to draw Nigeria's legislative gaze to the international law of public participation in natural resource decision-making. It assesses the current legal framework for public participation in oil and gas decision-making in Nigeria against international standards. It finds that Nigerian law lags behind international standards in virtually all its aspects.

Olawuyi, Damilola S.; Legal and Institutional Framework for Achieving Sustainable Development in Nigeria through the Clean Development Mechanism - Possible Lessons from India

Author: Olawuyi, Damilola S.
Title: Legal and Institutional Framework for Achieving Sustainable Development in Nigeria through the Clean Development Mechanism - Possible Lessons from India
Call Number: AC1 .T484 2008 O4329
ProQuest Dissertations and Theses
Theses Canada

Abstract

The Clean Development Mechanism (CDM) of the Kyoto protocol was received by most developing countries as an innovative mechanism through which they could achieve their different sustainable development goals. Years after its adoption however, only a few developing countries like India have benefited from the sustainable development gains offered by the mechanism. Nigeria remains one of those developing countries that have ratified the protocol but have not achieved much sustainability from it. This has been attributed to Nigeria's unpreparedness to host CDM projects and its perception by investors as one of the most unattractive CDM investment spots on earth.

This thesis argues that for Nigeria to be considered by prospective CDM investors as an attractive destination, the appropriate starting point is to create a legal framework which removes the identifiable barriers to CDM implementation in Nigeria. This thesis provides answers to the question: "what legal and regulatory actions should Nigeria undertake to be able to attract and capture CDM investments like India is doing?" This thesis outlines the tranferable ideas in India's CDM legal framework that could be adopted in Nigeria.

Stewart, Judy Mary Mattie; Municipal Tools to Protect Wetlands and Riparian Lands in Alberta's White Zone

Author: Stewart, Judy Mary Mattie
Title: Municipal Tools to Protect Wetlands and Riparian Lands in Alberta's White Zone
Call Number: AC1 .T484 2008 S7429
ProQuest Dissertations and Theses
Theses Canada

Abstract

Alberta municipalities have statutory authority to enact bylaws and land use regulations to protect wetlands and riparian lands in the settled areas of Alberta from the impacts of human activities and development. Wetlands and riparian lands sustain water supply and quality, and perform many essential environmental, economic and social functions. As the economy grows, drawing more people into the White Zone, Alberta's wetland inventory diminishes. As climate change and water scarcity affect Alberta's landscapes, municipal bylaws should be used to balance the bundle of entitlements enjoyed by property owners with conservation of local natural resources necessary for the overall greater public good. The principle of subsidiarity supports municipalities as the best level of government to regulate human activities and development that impact local wetlands and riparian lands. Recent Supreme Court of Canada decisions upheld municipal bylaws that addressed local environmental matters as part of a tri-level regulatory regime.

2007

Submitted by amabel on Thu, 12/18/2014 - 12:40pm

Chimisso dos Santos, Daniela; Deconstructing Establishment Rights in International Investment Law

Author: Chimisso dos Santos, Daniela
Title: Deconstructing Establishment Rights in International Investment Law
Call Number: AC1 .T484 2007 C55
ProQuest Dissertations and Theses
Theses Canada

Abstract

International investment agreements expand the rights of foreign investors by providing for such things as establishment rights. These agreements afford foreign investors the right to invest and protect investors from state measures that discriminate on the grounds of nationality.

The author deconstructs establishment rights using Hohfeld's jural relations and exposes the transformation in legal entitlements that establishment rights represent. Given the questionable benefits of uncontrolled foreign direct investment, the author questions why, in a post-Washington Consensus world, investment treaties continue to include establishment rights.

Relying on post-colonialists' interpretation of Foucault's discourse theory, the author analyzes the significance of the growth of establishment rights and the implications for developing countries. She frames the foreign direct investment discourse, analyzing the power dispostif, the discursive practices and statements. Finally, she provides an example of the resistance that lies within the discourse.

Ono, Takako; Legal Conservation of Forest Ecological Functions in Japan: A Critique of the Protection Forest System

Author: Ono, Takako
Title: Legal Conservation of Forest Ecological Functions in Japan: A Critique of the Protection Forest System
Call Number: AC1 .T484 2007 O56
ProQuest Dissertations and Theses
Theses Canada

Abstract

Proper ecological forest management must be established in order to protect biodiversity, mitigate climate change, and sustain ecological functions such as water purification and soil production. Forest ecological functions are essential for human and non-human beings to subsist. Japan has established and applied a legal system, Hoanrin Seido (the Protection Forest System) in order to conserve these functions.

The prototypes of this legal system have conserved forest ecological functions appropriately until the mid-nineteenth century. However, the system does not function properly in the current Japanese administrative systems. This thesis examines the Protection Forest System, specifies its strengths and weaknesses, comparatively examines a forest management system in British Columbia, which may be used as a model to overcome these weaknesses, and proposes measures to improve the system. The key measures discussed are the consideration of ecological integrity, decentralization, and cooperative relationship among various sectors.

Potes, Gladys Verónica; Taking Duties Seriously? The State Obligations to Consult and to Accommodate Indigenous Peoples' Rights

Author: Potes, Gladys Verónica
Title: Taking Duties Seriously? The State Obligations to Consult and to Accommodate Indigenous Peoples' Rights
Call Number: AC1 .T484 2007 P68
ProQuest Dissertations and Theses
Theses Canada

Abstract

Worldwide, recognition of the rights of Indigenous Peoples has not been coupled with an assumption of obligations to protect those rights. Meanwhile, in the name of economic growth, States sanction activities that negatively impact fundamental interests of the Indigenous Peoples in their ancestral lands.

Based on Henry Shue's approach to right-based duties the author elaborates criteria to assess whether State obligations to Indigenous Peoples are construed as guarantees against standard threats to the exercise of Indigenous rights.

The author finds that in contrast to the Inter American System of Human Rights' interpretation of State obligations that aims to further the exercise of Indigenous rights, the Canadian Courts' approach to obligations aims to confirm State sovereignty and to advance a utilitarian form of reconciliation. The latter perspective infuses the nascent Canadian doctrine on consultation and accommodation. The duties that result are ill conceived to further the enjoyment of Indigenous rights.

2006

Submitted by amabel on Thu, 12/18/2014 - 12:31pm

Krivitsky, Julie Veronique; Tax Discrimination in International Trade in Services

Author: Krivitsky, Julie Veronique
Title: Tax Discrimination in International Trade in Services
Call Number: AC1 .T484 2006 K75
ProQuest Dissertations and Theses
Theses Canada

Abstract

The World Trade Organisation recognised the important role of services in the global economy by adopting the General Agreement on Trade in Services (GATS). The GATS largely carves out direct taxation and delegates the discipline over differential direct tax treatment to bilateral tax treaties, most of which are patterned on the Model developed by the Organisation for Economic Cooperation and Development (OECD Model). This thesis evaluates the effect of such an arrangement on cross-border service suppliers by analysing and comparing the meaning of non-discrimination under the GATS and the OECD Model. The study concludes that the existing arrangement can potentially result in discriminatory tax treatment of cross-border service providers, thus creating a trade barrier which is largely ignored under the GATS and tax treaties based on the OECD Model.

Thompson, Chidinma Bernadine; Oil and Gas in the Nigeria/Cameroon Maritime Boundary Dispute - An Alternative Legal Approach

Author: Thompson, Chidinma Bernadine
Title: Oil and Gas in the Nigeria/Cameroon Maritime Boundary Dispute - An Alternative Legal Approach
Call Number: AC1 .T484 2006 T56
ProQuest Dissertations and Theses
Theses Canada

Abstract

The extension of coastal states' jurisdiction over marine resources up to 200 nautical miles and beyond has made many maritime areas rich in oil and gas the subject of overlapping claims by opposite and adjacent coastal states. Such resource-induced claims have given rise to offshore international boundary disputes which jeopardize the development and exploitation of the world's hydrocarbon energy resources.

The broad context of the thesis proposes joint development as an alternative to a boundary (where such boundary has proved difficult) and to unilateral exploitation by either of the parties, in the development and exploitation of the hydrocarbon resources located in disputed offshore border regions. By examining the legal issues whether there is a duty to cooperate in international law generally, and specifically in the exploitation of common petroleum deposits, the extent of such a duty and the status of joint development in international law, the thesis clarifies the legal foundation of the concept of joint development.

The specific context of the thesis tests the joint development approach in the Nigeria/Cameroon maritime boundary dispute.

2005

Submitted by amabel on Thu, 12/18/2014 - 12:27pm

Addabor, Elizabeth Abena; The Regulation of Transnational Corporations: An Assessment of the Alternatives and the Role of Multilateral Development Banks

Author: Addabor, Elizabeth Abena
Title: The Regulation of Transnational Corporations: An Assessment of the Alternatives and the Role of Multilateral Development Banks
Call Number: AC1 .T484 2005 A33
ProQuest Dissertations and Theses
Theses Canada

Abstract

There has been an increase in actions against parent transnational corporations (TNCs) for environmental harm caused by their affiliates in developing countries. Corporate and legal analysts suggest a number of methods for ensuring that affiliates in particular and TNCs in general are held accountable for environmental harm. These suggestions include the use of host state regulation, voluntary codes, home country regulation, and liability regimes. for various reasons, these suggestions have not proven effective. Multilateral Development Banks (MDBs) offer a number of financial services and enter into joint contracts with TNCs. MDBs can use this contractual opportunity to ensure that TNCs internalise costs thus reducing environmental harm. Victims of TNC environmental harm will have compensation and an avenue for redress of wrongs.

MacKay, William R.; Implementation of Multilateral Environmental Agreements in Canada: The Role of Legitimacy

Author: MacKay, William R.
Title: Implementation of Multilateral Environmental Agreements in Canada: The Role of Legitimacy
Call Number: AC1 .T484 2005 M33
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis applies ideas of transnational legal process to federal environmental governance in Canada. Part I of the thesis demonstrates that successful domestic implementation of international norms follows a pattern of relations described as transnational legal process whereby international and domestic actors, both governmental and non-governmental, interact in a variety of public and private fora to make, enforce and ultimately internalize rules of international law. The more legitimate a policy is perceived as, the more likely the underlying norms it represents will be internalized.

Environmental governance in Canada is based on an institutionalized form of collaborative federalism with deep historical and philosophical roots. This pattern of relations cannot be ignored when implementing international environmental law domestically in Canada. This is demonstrated in Part II of the thesis through case studies examining the domestic implementation of the Basel Convention and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Muhammad, Nazeef; A Socio-Economic Rights Analysis of the Nigerian Electricity Reform Proposal

Author: Muhammad, Nazeef
Title: A Socio-Economic Rights Analysis of the Nigerian Electricity Reform Proposal
Call Number: AC1 .T484 2005 M84
ProQuest Dissertations and Theses
Theses Canada

Abstract

The Nigerian government proposes an electricity reform program, which relies on privatization and free market competition to transform the country's electricity supply industry into one that meets Nigeria's electric power needs in the twenty-first century and beyond. The constitution of the Federal Republic of Nigeria, however, mandates the government to ensure that its economic policies maximize the welfare of every citizen and to provide public assistance in that respect where necessary.

This thesis assesses the extent to which the electricity reform program meets these constitutional requirements. The thesis finds that these requirements are not met for a variety of reasons, chief among which is the failure to situate electricity reform within the Nigerian socio-economic and legal landscape. The thesis argues that a right to the judicial review of measures designed to promote access to affordable electricity is one way of ensuring that the constitutional requirements are met.

Odumosu, Ibironke Tinuola; Reforming Gas Flaring Laws in Nigeria: The Transferability of the Alberta Regulatory Framework

Author: Odumosu, Ibironke Tinuola
Title: Reforming Gas Flaring Laws in Nigeria: The Transferability of the Alberta Regulatory Framework
Call Number: AC1. T484 2005 O38
ProQuest Dissertations and Theses
Theses Canada

Abstract

Nigeria has unsuccessfully grappled with gas flaring for many years. On the other hand, Alberta conserves 94.7 percent of its produced natural gas. Recognizing the multi-effects of gas flaring, the World Bank in its work on global gas flaring reduction, endorsed Alberta's gas flaring regulatory regime as a best practice model.

This thesis examines the viability of transferring the Alberta regulatory framework for gas flaring reduction to Nigeria. It concludes that given the peculiarities of each jurisdiction, one cannot take it for granted that legal rules and institutions are easily transferable. Rather, it is feasible to contemplate a transfer of ideas. This thesis outlines the transferable concepts and ideas in Alberta's gas flaring reduction regime that could be adopted in Nigeria. It makes recommendations for developing an effective gas flaring reduction regulatory regime, which will be suitable for Nigeria.


2004

Submitted by amabel on Thu, 12/18/2014 - 12:09pm

Crossen, Teall; Responding to Global Warming: a Legitimacy Critique of the Proposed Kyoto Protocol Compliance Regime

Author: Crossen, Teall
Title: Responding to Global Warming: a Legitimacy Critique of the Proposed Kyoto Protocol Compliance Regime
Call Number: AC1 .T484 2004 C76
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis responds to the problem that international environmental law is not adequately addressing global environmental degradation. The core argument is that to effectively respond to global environmental problems, nations must increase the intensity of their obligations in multilateral environmental agreements. Additionally, more demanding obligations require a strong, as well a legitimate compliance regime to secure compliance.

This argument is applied to the Kyoto Protocol. The obligations in the Kyoto Protocol are significantly more onerous than those in other multilateral environmental agreements, and are backed by the most advanced compliance regime in international environmental law. This thesis evaluates the legitimacy of the compliance regime, concluding that there are several legitimacy deficits that affect the ability of the compliance regime to secure compliance with the obligations in the Kyoto Protocol. Responding to those legitimacy deficits will increase the likelihood of the Kyoto Protocol effectively responding to the problem of global warming.

Goudina, Ekaterina E.; A Sustainable Development Critique of the Russian Oil and Gas Disposition System: Learning from Canadian Experience with Intragenerational Equity

Author: Goudina, Ekaterina E.
Title: A Sustainable Development Critique of the Russian Oil and Gas Disposition System: Learning from Canadian Experience with Intragenerational Equity
Call Number: AC1 .T484 2004 G68
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis aims to draw attention to the importance of taking into account the concept of sustainable development in reform of Russian oil and gas legislation. The thesis reviews the concept of sustainable development and focuses on one of its principles - the principle of intragenerational equity.

The thesis evaluates the Russian oil and gas disposition system from the perspective of intragenerational equity. The results of this evaluation disclose a low degree of consistency with the concept. The thesis then turns to Canadian experience and evaluates the legal regime regulating mineral development in the Metis Settlements areas in Alberta for consistency with the principle of intragenerational equity. After carrying out a comparative analysis of the two legal regimes, the thesis concludes with suggestions as to improvement of the Russian legal regime, using the positive Canadian example, in order to increase the consistency of the former with the principle of intragenerational equity.

McCready, Janet L.; Labelling of Genetically Modified Foods in Canada

Author: McCready, Janet L.
Title: Labelling of Genetically Modified Foods in Canada
Call Number: AC1 .T484 2004 M38
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis argues that genetically modified foods should be subject to mandatory labelling requirements. Genetically modified foods have both ardent supporters and vehement detractors, and these polarized views pose a tremendous challenge to regulators. Mandatory labelling represents a compromise on the spectrum of regulatory measures that could be undertaken to achieve the two goals of the food regulatory system: to ensure the safety and certainty of the food supply for Canadian consumers. Because neither safety nor certainty can be guaranteed, the role of the regulatory system in ensuring safety is really about effective risk management and risk communication, while its role in ensuring certainty is really about allowing consumers to make their own choices based on full information. Further, a review of theoretical approaches to risk assessment, risk management and risk communication, along with the economic principles of providing full consumer information, all support the view that consumers should be able to identify genetically modified foods. This thesis concludes that mandatory labelling is the best way to achieve the provision of full information, and that the concerns of proponents of genetically modified foods with respect to labelling can best be addressed by extending the existing ingredient labelling regulations to genetically modified foods.

2003

Submitted by amabel on Thu, 12/18/2014 - 12:04pm

Endeshaw, Yoseph; A Legal Regime for the Nile Basin: The Relationship Between the Principles of Equitable Utilization and No Significant Harm

Author: Endeshaw, Yoseph
Title: A Legal Regime for the Nile Basin: The Relationship Between the Principles of Equitable Utilization and No Significant Harm
Call Number: AC1 .T484 2003 E535
ProQuest Dissertations and Theses
Theses Canada

Abstract

The principles of equitable utilization and no significant harm are the basic substantive principles that govern the non-navigational uses of international watercourses. The relationship between these principles is the most controversial issue in international water law. This thesis examines the question of what the relationship between these principles should be in the new legal framework to be established in the Nile Basin. What should be the relative priority as between these principles in the Nile context?

After a detailed analysis of the issue, both from legal and fairness perspectives, this thesis concludes that equitable utilization should be the dominant principle in the new legal framework to be established in the Nile Basin. The thesis argues that the optimal, equitable and sustainable utilization of the Nile waters can only be achieved by establishing a legal regime based on the principle of equitable utilization.

Fluker, Shaun; The Alberta Energy and Utilities Board: Ecological Integrity and the Law

Author: Fluker, Shaun
Title: The Alberta Energy and Utilities Board: Ecological Integrity and the Law
Call Number: AC1 .T484 2004 F55
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis explores the meaning of ecological integrity, identifying the preferred view as socio-ecological integrity, and argues from the premise that the maintenance of socio-ecological integrity ought to be a decisive principle in public decisions.

I argue that section 3 of the Energy Resources Conservation Act (Alberta) requires the Alberta Energy and Utilities Board (AEUB), in an individual energy project decision, to (a) define socio-ecological integrity for the region in question, and (b) aim to maintain that integrity with its project decision. I examine Alberta Court of Appeal jurisprudence to determine whether the Court would (i) set aside an AEUB decision that applied this statutory interpretation, or (ii) set aside an AEUB decision that refused to do so. The thesis concludes with guidance to those seeking a "no" answer to (i) or a "yes" answer to (ii).

McIntyre, Laurie C.; Aboriginal Management of Salmon in Canada and the United States: Expanding Environmental Justice

Author: McIntyre, Laurie C.
Title: Aboriginal Management of Salmon in Canada and the United States: Expanding Environmental Justice
Call Number: AC1 .T484 2003 M37
ProQuest Dissertations and Theses
Theses Canada

Abstract

Traditional aboriginal societies in the Pacific region of Canada and the United States utilized salmon for thousands of years. Native peoples of the area relied heavily upon these fish for their well-being, and assigned value to salmon accordingly. When members of the dominant society began settling in the area, they captured salmon management decisions, separating First Nations from crucial elements of their traditional societies. These decisions inflicted environmental injustice upon aboriginal peoples by placing disproportionate burdens upon Native peoples, while allocating benefits derived from salmon management to members of the dominant society.

During the past several decades, First Nations have intensified their efforts to participate in salmon management. Aboriginal peoples have successfully used group rights to expand the dominant society's recognition of their Native rights to manage salmon. As their access to management of salmon improves, First Nations also improve their access to environmental justice.

2002

Submitted by amabel on Thu, 12/18/2014 - 10:33am

Abraham, Phillip David; Decommissioning of Oil and Gas Facilities Off the East Coast of Canada: An Analysis Based on the International Legal Context and Regulatory Decision-Making Theory

Author: Abraham, Phillip David
Title: Decommissioning of Oil and Gas Facilities Off the East Coast of Canada: An Analysis Based on the International Legal Context and Regulatory Decision-Making Theory
Call Number: K3918 .A92 2002
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis examines the decision-making regimes currently in place off the coasts of the provinces of Newfoundland and Nova Scotia to determine how these regimes account for the spillover costs associated with the decommissioning of offshore oil and gas facilities. This thesis addresses four dominant theories of regulatory decision-making to determine and develop various criteria used to evaluate the current regimes. This thesis also explores how decommissioning is addressed through various requirements under international law. This thesis reviews the current regimes in the context of these criteria and in the context of the current international legal framework, and concludes with a number of suggestions as to how the current regulatory decision-making regimes can be improved to both meet these criteria and Canada's obligations under international law.

Donihee, John; Returning Wildlife Management to Local Control in the Northwest Territories

Author: Donihee, John
Title: Returning Wildlife Management to Local Control in the Northwest Territories
Call Number: KF8210 .H85 D66 2002
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis is about aboriginal and treaty rights to wildlife and wildlife harvesting, including the right to make decisions about these activities in the Northwest Territories. It deals with the erosion of these rights in the period before 1982 and then traces the protection, redefinition and resurgence of these rights since 1982, when section 35 of the Constitution Act, 1982 was enacted. Section 35 affords constitutional protection to treaty and aboriginal rights including those rights negotiated through modern land claim agreements. This thesis shows that the effect of section 35 jurisprudence and land claims has been to halt the erosion of aboriginal and treaty rights to wildlife and to enhance local control of wildlife management in the Northwest Territories.

Muir, Magdalena A. K.; The Rule of Law and Energy Regulation for Competitive Markets

Author: Muir, Magdalena A. K.
Title: The Rule of Law and Energy Regulation for Competitive Markets
Call Number: KF2120 .M85 2002
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis explores energy regulation in developing competitive markets. Energy privatization and "deregulation" are occurring for a number of reasons throughout the world. These reasons include energy shortfalls, political support for more open markets, and the need for private investment. The thesis examines the role of energy regulators as state energy monopolies are wholly or partially privatized, and as non-government entities invest and participate in the energy sector. It argues that energy regulation should be fair and impartial for the development and maintenance of natural gas and electricity markets.

The theoretical basis for the thesis is the concept of the Rule of Law, augmented by North American administrative law principles. Objective criteria, and models for independent energy regulators and competitive negotiations, are derived from the legislation, policies and practices of Canadian energy regulators. These objective criteria and models are then used to evaluate South African energy regulation.

The thesis concludes that an independent energy regulator will need to meet most of the requirements of the objective criteria and models, in order to implement fair and impartial regulation. It also concludes that negotiated settlements may be useful to incorporate industry and stakeholder participation into decision making. In certain circumstances, negotiated settlements may be useful to ameliorate deficiencies with regulatory processes.

While there are deficiencies and challenges in the South African electricity sector, at this time the South African National Electricity Regulator satisfies many of the objective criteria, and thus the model for an independent energy regulator. Given the preliminary nature of the South African natural gas sector, and pre-existing governmental and industry arrangements, it is difficult to reach similar conclusions for the natural gas sector. Instead, the South Africa natural gas sector, and the National Gas Regulator, must evolve prior to that determination. However, some observations and recommendations from the experience of the National Electricity Regulator may be relevant.

Nyalugwe, Kamwenje May; Environmental regulation of the mining industry in Zambia

Author: Nyalugwe, Kamwenje May
Title: Environmental regulation of the mining industry in Zambia
Call Number:
ProQuest Dissertations and Theses
Theses Canada

Abstract

Winterbourne, Katie Jane; Constitutional and International Trade Law Challenges to Provincial Regulation of Water Exports

Author: Winterbourne, Katie Jane
Title: Constitutional and International Trade Law Challenges to Provincial Regulation of Water Exports
Call Number: AC1 .T484 2002 W567A
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis reviews the power of the Canadian provinces to control the removal of water from the province. The enquiry is made within the context of recent legislation enacted by nearly all provinces to restrict the movement of water on either a water-basin, provincial, or national scale. The thesis examines the legislation and the underlying statements of policy and purpose made by the provinces to explain why they enacted the legislation. It then considers the potential challenges against provincial power to enact such legislation, which may arise from a constitutional or international trade law perspective.

The thesis concludes that some of the provincial legislative mechanisms to restrict water exports are more susceptible to challenge than others. The thesis recommends legislative mechanisms to maximize provincial power to regulate water exports, while protecting provincial interests and limiting constitutional and international trade law challenges.

2001

Submitted by amabel on Thu, 12/18/2014 - 10:26am

Silver, Lisa Ann; The Punitive Sanction as an Alternative to the Criminal Sanction in Regulatory Offences

Author: Silver, Lisa Ann
Title: The Punitive Sanction as an Alternative to the Criminal Sanction in Regulatory Offences
Call Number: KF9225 .S55 2001
University of Calgary Institutional Theses Repository

Abstract

This thesis examines regulatory sanctioning and discusses the problems inherent in the present Canadian system of sanctioning. Although new methods of sanctioning are being implemented in the regulatory field, the criminal sanction is the method of choice for regulators. This thesis establishes that the criminal sanction is not an effective sanction for regulatory behavior. In response, the thesis offers a new sanctioning system, outside of the traditional paradigms of criminal law and civil law, called the punitive sanction. This thesis establishes the viability of the punitive sanction through a discussion of potential constitutional barriers to the implementation of the sanction and through a review of the American and Canadian experience with a similar sanction, known as the punitive civil sanction. Finally, the thesis outlines the framework for the punitive sanction by detailing the procedural and substantive structure of the new system.


2000

Submitted by amabel on Thu, 12/18/2014 - 10:24am

McKay-Panos, Linda; The Public's Right of Effective Access to Information in the Environmental Assessment Process

Author: McKay-Panos, Linda
Title: The Public's Right of Effective Access to Information in the Environmental Assessment Process
Call Number: KF5753 .M25 2000
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis examines whether Canadians' right of effective access to information in the environmental assessment process is fulfilled by federal and Alberta legislation. The author demonstrates there is a procedural and substantive right of access to information in Canada, which ensures government accountability and enhances public participation. Effective access to information in the environmental assessment process includes the method and result of exercising this right. The key elements of effective access to information include: adequate notice of opportunities for participation and of the information available; information disclosure at every stage; adequate funding for participation; timely receipt of information; and sufficient access to the courts to uphold these elements. The author concludes while there are positive aspects to the access to information procedures, there are three overarching flaws - the complexity of the environmental assessment process, the overabundance of ministerial discretion and the over-breadth and overabundance of exemptions in the legislation.

Vlavianos, Nickie; Liability for Well Abandonment, Reclamation, and Release of Substances and Contaminated Sites in Alberta: Does the Polluter or Beneficiary Pay?

Author: Vlavianos, Nickie
Title: Liability for Well Abandonment, Reclamation, and Release of Substances and Contaminated Sites in Alberta: Does the Polluter or Beneficiary Pay?
Call Number: KF1849 .V53 2000
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis is concerned with liability for cleaning up environmental damage caused by oil and gas activities in Alberta. Specifically, it considers four types of liability: liability for well abandonment, reclamation, release of substances and contaminated sites. It explores whether the current Alberta liability regime is consistent with the views from the literature on liability for environmental clean-up. It focuses upon three main issues: societal versus individual responsibility; grounds upon which to base liability; and the apportionment of liability amongst responsible persons. After a detailed consideration of the liability regime applicable to well abandonment, reclamation, substance releases and contaminated sites in Alberta, this thesis concludes that this regime finds support in the literature on some issues only. In particular, on the issue of grounds upon which to impose liability, the current liability regime does not follow the most popular principles identified in the literature - those of "polluter" and "beneficiary" pays.

1999

Submitted by amabel on Tue, 12/16/2014 - 2:33pm

McIntosh, Lee Michelle; International Investment and the Environment: An Analysis of the Multilateral Agreement on Investment

Author: McIntosh, Lee Michelle
Title: International Investment and the Environment: An Analysis of the Multilateral Agreement on Investment
Call Number: K3830.4 .M35 1999
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis is concerned with the potential effect of the Multilateral Agreement on Investment (MAI) upon the environment. It is specifically concerned with whether investment activity under the MAI will lead to sustainable development. It explores the relationship between international investment and the environment and determines three criteria by which to judge whether the MAI will lead to sustainable development. These criteria are:1) The MAI should provide a certain, liberalized and non discriminatory legal regime for international investment, 2) it should govern international investor behavior, and 3) it should allow countries latitude to regulate international investment when it becomes clear that such investment is having a deleterious effect upon the environment. This thesis analyses the draft provisions of the MAI to determine whether it meets these criteria. It concludes that the agreement will meet the first criterion but not the final two and therefore that it will not promote sustainable development.

Sharvit, Cheryl; A Sustainable Co-existence?: Aboriginal Rights and Resource Management in Canada

Author: Sharvit, Cheryl
Title: A Sustainable Co-existence?: Aboriginal Rights and Resource Management in Canada
Call Number: KF8210 .N37 S432 1999
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis argues that the principle of cultural sustainability should guide the implementation of s. 35(1). It further argues that aboriginal jurisdiction over land and resource use is protected as an aboriginal right under s. 35(1) of the Constitution Act, 1982. Aboriginal peoples' relationships with their lands, and the rules and institutions designed to ensure the continuity of those relationships, are integral elements of aboriginal societies. This thesis concludes that provincial legislation is inapplicable to the extent that it impairs the effectiveness of existing aboriginal management systems. Federal legislation interfering with the exercise of unextinguished resource management rights constitutes an infringement of s. 35(1) that must be justified. Alberta's Forests Act and the Canada Mining Regulations are examples of legislative schemes that interfere with aboriginal peoples' ability to protect their relationships with the lands. Neither scheme attempts to accommodate aboriginal peoples' management systems or laws.

Wenig, Michael Moers; The Fisheries Act as a Legal Framework for Watershed Management

Author: Wenig, Michael Moers
Title: The Fisheries Act as a Legal Framework for Watershed Management
Call Number: KF1770 .W46 1999
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis addresses the gap between the widespread calls for ecosystem management and the lack of an ecosystem focus for environmental regulation in Canada. One apparent reason for this gap is a purportedly inadequate legal framework for ecosystem management. This thesis shows that the federal Fisheries Act and the federal legislative authority with respect to " Seacoast and Inland Fisheries", in section 91(12) of the Constitution Act, 1867, provides an adequate legal framework for a nationwide watershed ecosystem management program.

1998

Submitted by amabel on Tue, 12/16/2014 - 2:28pm

Bollo, Vittorio Andrea; Taking Back Their "Green Gold": A Blueprint for Holistic National Legislation Regarding Medicinal Plants in Developing Countries

Author: Bollo, Vittorio Andrea
Title: Taking Back Their "Green Gold": A Blueprint for Holistic National Legislation Regarding Medicinal Plants in Developing Countries
Call Number: K1519 .B54 B65 1998
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis will attempt to provide a viable blueprint for developing countries wishing to formulate national legislation regarding their medicinal plant resources. The thesis works on the assumption that the continued misappropriation (or ‘biopiracy') of these medicinal plant resources from developing countries is depriving them of possible economic benefits from these resources. One possible way to circumvent the defined problem is through the development of comprehensive national legislation by these countries. This legislation would be best implemented by a developing nation within a holistic framework which respects the overriding environmental concern of bio-diversity conservation, whilst also maintaining compatibility with other laws in that country. This blueprint will address both the short-term and long-term policy and substantive issues that must be dealt with by developing countries wishing to implement national legislation to regulate their medicinal plants.

O'Keefe, William James Wyse; The Taxation of Permanent Establishments in the Canadian Offshore

Author: O'Keefe, William James Wyse
Title: The Taxation of Permanent Establishments in the Canadian Offshore
Call Number: KF6306 .O34 1998
ProQuest Dissertations and Theses
Theses Canada

Abstract

This study examines the application of the permanent establishment concept from a Law and Economics perspective as it is applied in Canada's bilateral tax treaties and domestic income tax law with reference to the offshore natural resource developments in Eastern Canada. The author argues that as a consequence of Revenue Canada-Taxation's aggressive interpretation of the permanent establishment provisions in Canada's tax treaty network, great uncertainty exists for any foreign enterprises contemplating business operations in the Canadian offshore. The author identifies efficiencies for business in the application of the concept and recommends that Canada should renegotiate her tax treaty network to reflect Revenue Canada's assessing policies.

1996

Submitted by amabel on Tue, 12/16/2014 - 2:12pm

Barrera-Hernández, Lila Roxana; Information for Sustainability: A Study on the Treatment of Industrial Information in Environmental Law and Policy and its Implications for Sustainable Development

Author: Barrera-Hernández, Lila Roxana
Title: Information for Sustainability: A Study on the Treatment of Industrial Information in Environmental Law and Policy and its Implications for Sustainable Development
Call Number: K3585.4 .B367 1996
ProQuest Dissertations and Theses
Theses Canada

Abstract

The present thesis focuses on industrial information as it relates to the lead role of the industrial community in the success of sustainable development. It is based on the premise that sustainable development rests heavily on industry's ability to develop its knowledge and technology base in ways which incorporate environmental concerns. However, it is argued that the liberal approach towards disclosure and access to government-held industrial information taken by current Canadian environmental law and policy may cripple this potential. Accordingly, besides impairing an industry's competitive position, access and disclosure may discourage investment in the generation of the information necessary for the success of sustainable development.

Brennan, Neil Joseph; Emancipatory Environmentalism: Civil Society and the Public Interest in Environmental Law

Author: Brennan, Neil Joseph
Title: Emancipatory Environmentalism: Civil Society and the Public Interest in Environmental Law
Call Number: KF3775 .ZA2 B74 1996
ProQuest Dissertations and Theses
Theses Canada

Abstract

This study examines the "public interest" as the principle orienting norm of environmental decision-making process from a Critical Legal Studies perspective. The author argues that the environmental "public interest" agenda is dominated by economic and proprietary interests backed by democratic institutionalism and the liberal judicial culture. As a consequence, the concept suffers from a legitimization crisis as an expression of the shared environmental values of Canadian society. He also argues that environmental "public interest" determination processes degrade democratic principles through the alienation of citizens from meaningful participation in democratic institutionalism. This fact cannot be redressed by resort to traditional, legislated forms of public participation as it functions within the parameters of liberal adversarialism, thereby reinforcing the status quo. A normative foundation for the environmental "public interest," based on a rejuvenated theory of civil society and the reconstructive theory of law of Jürgen Habermas, is proposed. Selected environmental decision-making legislation is deconstructed to support a discourse ethics centered, radical democratic approach to statutory environmental management for Canada.

Dorsett, Shaunnagh Grace; The Crown's Fiduciary Duties to Indigenous Australians

Author: Dorsett, Shaunnagh Grace
Title: The Crown's Fiduciary Duties to Indigenous Australians
Call Number: KF8210 .F3 D67 1996
ProQuest Dissertations and Theses
Theses Canada

Abstract

In Canada and the United States, the Crown or government's fiduciary obligation to Indigenous people can be a powerful tool in protecting aboriginal rights. Since the recognition of native title in, Mabo v. State of Queensland (No.2) (1992) 175 C.L.R. 1, attention has turned to the issue of how native title is to be protected and whether the fiduciary principle could similarly provide protection for aboriginal rights in Australia. However, significant differences exist between the legal systems of Canada, the United States and Australia. These differences make it unlikely that the fiduciary principle will play a major role in Australia in the protection of aboriginal rights. In Australia, the fiduciary principle should be recognized as merely one of a number of appropriate mechanisms for the protection of these rights. Although North American experiences in the protection of aboriginal rights can provide a useful guide, care should be taken in applying jurisprudence from other jurisdictions.

Inthavanh, Chanphéng; The Mekong Basin Under Legal International Cooperation

Author: Inthavanh, Chanphéng
Title: The Mekong Basin Under Legal International Cooperation
Call Number: K3499 .M4 I48 1996
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis studies aspects and institutional issues of cooperation in utilizing and conserving water of the international Mékong River flowing through six countries in South-east Asia: China, Myanmar, Laos, Thailand, and Viet Nam before emptying into the South China Sea. Needs for the use of waters of this "giant sleeping river" constitute an important area for cooperation among these countries in particular the four lower Mékong States. The thesis examines, inter alia, three key international instruments: (1) the ‘1957 Statute of the Mékong Committee'; (2) the ‘1975 Joint Declarationof Principles for Utilization of the Water of the lower Mékong' operated under the sole body Mékong Committee's mandate at the time and (3) the present ‘1995 Agreement on Cooperation-operation for the Sustainable Development of the Mékong River Basin' undertaken by the Mékong River Commission. Finally, the thesis will also discuss the effectiveness of the new agreement on large dam projects.

Katebe Mwinga, Doris Katai; In Situ Conservation and the Biodiversity Convention: Zambia

Author: Katebe Mwinga, Doris Katai
Title: In Situ Conservation and the Biodiversity Convention: Zambia
Call Number: KF3775 .Z64 K37 1996
ProQuest Dissertations and Theses
Theses Canada

Abstract

The United Nations Conventions on Biological Diversity, 1992, calls on all parties to conserve biological diversity and to ensure that the use of biological diversity is sustainable. Article 8 provides for the conservation of biological diversity through the protection of ecosystems, wild species and genetic diversity in their natural surroundings. The Convention requires the parties to establish protected areas and protect threatened species and populations. This thesis infers that protected areas and protection of species strategies for the conservation of biological diversity have to be focused on conserving ecosystems, natural habitats and the maintenance and recovery of viable population of species and genetic diversity. Management plans play an important role in achieving these objectives. Ultimately, the thesis asserts that the public in general and local communities in particular, have a significant role to play in the success of in situ conservation of biological diversity especially in developing countries in Africa.

Katebe Mwinga, Doris Katai; In situ conservation and the Biodiversity Convention : Zambia

Author: Katebe Mwinga, Doris Katai
Title: In situ conservation and the Biodiversity Convention : Zambia
Call Number: KF3775 .Z64 K37 1996
ProQuest Dissertations and Theses
Theses Canada

Abstract

The United Nations Convention on Biological Diversity, 1992, calls on all parties to conserve biological diversity and to ensure that the use of biological diversity is sustainable. Article 8 provides for the conservation of biological diversity through the protection of ecosystems, wild species and genetic diversity in their natural surroundings.

The Convention requires the parties to establish protected areas and protect threatened species and populations. This thesis infers that protected areas and protection of species strategies for the conservation of biological diversity have to be focused on conserving ecosystems, natural habitats and the maintenance and recovery of viable population of species and genetic diversity. Management plans play an important role in achieving these objectives. Ultimately the thesis asserts that the public in general and local communities in particular, have a significant role to play in the success of in situ conservation of biological diversity especially in developing countries in Africa.

1995

Submitted by amabel on Tue, 12/16/2014 - 1:31pm

Kasimbazi, Emmanuel B.; A Legal Framework for Forest Resources Management in Developing Countries: Issues and Problems of Sustainable Development

Author: Kasimbazi, Emmanuel B.
Title: A Legal Framework for Forest Resources Management in Developing Countries: Issues and Problems of Sustainable Development
Call Number: K3870 .K37 1995
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis examines the role of the international forest regime in implementing the principles of sustainable development. The global nature of issues and problems of sustainable forest development has demanded the establishment of an international forest management regime that might have the potential to sensitize states to the importance of forest conservation. This thesis analyses major international forest-related legal instruments that have been developed since the 1972 Stockholm Conference on Human Environment. It assesses the potentials and limitations of the international forest regime in managing forests in developing countries and further provides strategies for the regime's enhancement. It concludes that there are several loopholes in the international forest regime that constrain its effectiveness. The thesis supports the conclusion that the international forest regime must be enhanced by broadening its principles to include the protection of the forest ecosystem in its entirety.

Kethong, Patharapong; The Development of the Mekong River for Hydroelectric Purposes and its Possible Impacts: A Look at Legal and Compensation Issues

Author: Kethong, Patharapong
Title: The Development of the Mekong River for Hydroelectric Purposes and its Possible Impacts: A Look at Legal and Compensation Issues
Call Number: K3499 .M4 K48 1995
ProQuest Dissertations and Theses
Theses Canada

Abstract

The agreement on the Cooperation for the Sustainable Development of the Mekong River Basin will introduce a vital change in the Mekong sub-region, especially in the development of hydropower projects both on the mainstream and on the tributaries of the Mekong Basin. The forthcoming changes of the hydropower development will affect the living conditions of the people and the river-basin environment. Riparians realize the necessity to promote the utilization of waters form this purpose by taking into consideration not only economic factors but also environmental and social factors. If a hydropower project by one country may cause serious harmful effects to other states, the issue of compensation arises. Joint efforts to find suitable solutions are required.

Pech, Sokhem; Sustainable Utilization of International Drainage Basin Resources: Its Application in the Agreement on the Cooperation for Sustainable Development of the Mekong River Basin

Author: Pech, Sokhem
Title: Sustainable Utilization of International Drainage Basin Resources: Its Application in the Agreement on the Cooperation for Sustainable Development of the Mekong River Basin
Call Number: K3499 .M4 P43 1995
ProQuest Dissertations and Theses
Theses Canada

Abstract

The concept of sustainable development emerged in the international policy and law making agenda as a set of conciliatory principles proclaiming a synthesis of conflicting needs. The sustainable development imperative also influences changes in international cooperation for management and development of natural resources of international river and lake basins. The Mekong Agreement is a first test of the endeavour by Cambodia, Laos, Thailand and Vietnam, for ensuring compatibility between economic development and ecology in that sub-region. The first part of the thesis focuses on the concept of sustainable development and other international law principles or concepts, such as state sovereignty, duty not to cause harm, pollution and precautionary approach. The second part examines the application of sustainable development Agreement on the Cooperation for Sustainable Development in the Mekong River Basin. The main focus is on the reconciliation of the two fundamental principles of international water law, namely, equitable utilization and no-harm; flexibility and stability of the water agreements in the face of changing circumstances; and mechanisms for prevention and resolution in international environmental disputes.

1994

Submitted by amabel on Tue, 12/16/2014 - 12:20pm

Francis, Wendy; Sustainable Development and Environmental Assessment in Alberta: Not Heaven in a Single Bound

Author: Francis, Wendy
Title: Sustainable Development and Environmental Assessment in Alberta: Not Heaven in a Single Bound
Call Number: KF3775 .F73 1994
ProQuest Disserations and Theses
Theses Canada

Abstract
The author reviews the global environmental crises which precipitated the work of the U.N.'s Brundtland Commission. She evaluates the Commission's prescription of sustainable development (SD) as the means to alleviate environmental and social threats. She concludes that the Commission fails to acknowledge two different causes of environmental degradation: a lack of economic development in third world countries, and excessive consumption in developed countries. This failure relieves industrialized countries from having to examine their economic values or consider changes to patterns of economic growth. The author suggests this analysis must underlie the prescription of SD in Alberta. One mechanism which can facilitate the shift to a less consumptive pattern of economic activity is environmental assessment (EA). Using her theory about SD as a platform, the author proposes a model EA process, focused on achieving decisions that result in sustainability. The climax of the thesis is a comparison between Alberta's EA process and a process designed to ensure SD is promoted. This analysis concludes that Alberta's EA process does not fulfill its promise to recognize SD. The process fails to satisfy most of the criteria the author proposes are fundamental to ensure sustainability is fostered. Numerous deficiencies related to developments that escape assessment, public involvement in the process, criteria that guide decision-makers, and the nature of the decision- makers, render Alberta's EA process incapable of furthering SD.

Le, Long Thanh; The Canada-United States international Joint Commission: Possible Lessons for an Institutional Mechanism in the Lower Mekong River Basin

Author: Le, Long Thanh
Title:  The Canada-United States international Joint Commission: Possible Lessons for an Institutional Mechanism in the Lower Mekong River Basin
Call Number: K3499 .M4 L44 1994
ProQuest Disserations and Theses
Theses Canada

Abstract

The International Joint Commission (IJC) is a successful joint water body. Two important legal factors have contributed to the success of the IJC: its strong quasi-judicial power and its flexibility to adapt itself to changing water power issues. The Mekong Committee has not proven as successful as the IJC owing to a number of factors. The committee can profit from the experience of the IJC as the former moves forward with its own reform. Four principles can be identified as a basis for reforming the Mekong Committee. A reformed Mekong Committee must have 1) power to approve water uses, 2) a mandate for dispute resolution, 3) a role in environmental protection, and 4) a flexible legal basis. Of the four principles set out above, only two can be found in the Mekong River Committee.

Mascher, Sharon; Environmental Impact Assessment in Nunavut: Meeting Inuit Needs

Author: Mascher, Sharon
Title: Environmental Impact Assessment in Nunavut: Meeting Inuit Needs
Call Number: KF5662 .I6 M37 1994
ProQuest Dissertations and Theses
Theses Canada

Abstract

The Nunavut Agreement includes development impact provisions to assess and monitor the impact of projects within the Nunavut Settlement Area. These provisions were included within the agreement to provide Inuit with an effective role in the environment decision making processes which directly affect them, to protect the ecosystem, and to protect traditional Inuit Lifestyles, all in a more effective manner than federal legislation. This thesis argues that the Nunavut Agreement has achieved these goals, meeting or surpassing the protection which would otherwise have been afforded Inuit of Nunavut by the Canadian Environmental Assessment Act. A comparison of the Nunavut Agreement and the Canadian Environmental Assessment Act, and specifically the screening and review bodies created by the two instruments, the process triggers, the scope of assessment and the review process, provides the foundation for this argument.

Phares, Mark Christopher; Ecocentric Endangered Species Protection: A New Paradigm for Protecting the Grizzly Bear in Canada and the United States

Author: Phares, Mark Christopher
Title: Ecocentric Endangered Species Protection: A New Paradigm for Protecting the Grizzly Bear in Canada and the United States
Call Number: KF5645 .G75 P53 1994
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis reviews the literature, statutes and court cases relating to endangered species preservation and specifically to preservation of the grizzly bear in Canada and the United States. In Chapter One, the thesis reviews different philosophical underpinnings, including ecologically holistic philosophies, for current endangered species and wild area protection. Chapter Two reviews the constitutional division of powers in Canada and the United States in order to ascertain what level of government has jurisdiction over protection of the grizzly bear and its habitat in Canada and the United States. Chapter Three reviews Canada's and the United States' substantive endangered species and wild area legislation that protects the grizzly bear and its habitat. The conclusion argues that, in order for the grizzly bear to survive in Canada and the United States, we must fundamentally reshape our thinking about our place in the ecosystems that sustain the grizzly bear.

Shier, Emrick Mitchell; Climate Change and the Constitution

Author: Shier, Emrick Mitchell
Title: Climate Change and the Constitution
Call Number: KF3775 .ZA2 S55 1994
ProQuest Dissertations and Theses
Theses Canada

Abstract

This study explores the constitutional dilemma of how effective Canadian action on the climate change problem can and should be balanced against regional autonomy claims. The scientific and international policy background to the issue is reviewed, as well as various policy options for controlling energy related carbon dioxide emissions, the primary Canadian greenhouse gas. Federal and provincial powers to implement these options are discussed. The study then analyses potential obstacles to sustained federal/provincial cooperation in reducing carbon dioxide emissions. Canadian federalism values are explored to assess the strength of the argument for an effective federal power to deal with national and international problems. The results of this analysis are used to generate a series of prescriptions for interpreting and applying a federal power to deal with problems that 'spillover' provincial boundaries. The case law on the federal general powers - i.e. the peace, order and good government and general trade and commerce powers - is reviewed to see to what degree it supports our vision of them as flexible, but constrained, federal spillover powers. The study concludes with an analysis of the potential scope of federal jurisdiction under these powers to control energy related carbon dioxide emissions.

1993

Submitted by amabel on Tue, 12/16/2014 - 12:11pm

Adjin-Tettey, Elizabeth Ammah; The Legal Foundation for a Sustainable Energy Future in Developing Countries

Author: Adjin-Tettey, Elizabeth Ammah
Title: The Legal Foundation for a Sustainable Energy Future in Developing Countries
Call Number: K3585.4 .A35 1993
ProQuest Dissertations and Theses
Theses Canada

Abstract

Energy is essential to human society. Today, humanity's use of energy exceeds ecological limits, generating unprecedented environmental problems. In response, the concept of sustainable development has emerged to bring human activities within ecological limits. This means that we must adopt sustainable energy practices. Changes required to do this include mandatory environmental impact assessments in respect of all energy activities and the development of domestic capabilities to do the same. It also requires that the industrial countries must be legally obliged to transfer funds and technology to aid the developing countries to achieve this goal.

Admittedly, there is no settled international law that requires the rich to share their resources with poorer countries to aid the latter's development. However, this thesis argues that there is an emerging international norm by which the rich may be obliged to help poorer countries to achieve sustainable energy practices for their development. The need for such assistance is also mandated by moral principles requiring equity of access to the world's resources.

Condon, Bradly John; Making Environmental Protection Trade Friendly Under the North American Free Trade Agreement

Author: Condon, Bradly John
Title: Making Environmental Protection Trade Friendly Under the North American Free Trade Agreement
Call Number: KF6668 .N72 1992 C66 1993
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis argues that the NAFTA, like its predecessors, requires environmental protection to be "trade friendly" by restricting the availability of trade restrictions to pursue environmental goals. However, from a strictly legal perspective, the NAFTA does nothing to either weaken or strengthen environmental laws. The NAFTA maintains the legal status quo as it applies to trade and the environment by limiting the scope of its binding environmental provisions to trade-related issues. These binding provisions are not concerned with what environmental policies must be, but rather how they are to be achieved. Trade restrictions may only be used to achieve domestic environmental goals where they are the most effective means of doing so. International environmental considerations cannot justify restrictive trade practices, unless these are introduced as specific provisions in an environmental convention that is accepted by all of the Parties. Nevertheless, the NAFTA provides a framework for trilateral cooperation on environmental policies.

McConnell, Irene Erika; Treatment of Standards Under the North American Free Trade Agreement: Integrating Trade and Environment

Author: McConnell, Irene Erika
Title: Treatment of Standards Under the North American Free Trade Agreement: Integrating Trade and Environment
Call Number: KF6668 .N72 1992 M33 1993
ProQuest Dissertations and Theses
Theses Canada

Abstract

The topic of this thesis is Chapter 9 of the North American Free Trade Agreement (NAFTA). Chapter 9 sets disciplines for the use of product-related standards including environmental standards. This thesis analyzes the three fundamental substantive components contained in the Chapter 9 rules of standards. The three fundamental substantive components consist of: (1) the rights granted to each NAFTA party to set and enforce environmental standards and to establish levels of protection each considers appropriate; (2) the obligations imposed on each party not to use standards to discriminate between imported and domestic goods and not to create unnecessary obstacles to trade; and (3) the requirement to make standards compatible. The disciplines included in these fundamental components serve two purposes: (1) they safeguard the right of each NAFTA party to set and enforce standards which it considers appropriate for protecting its environment; and (2) they minimize the use of standards to interfere with the free flow of goods across international borders. The thesis analyzes the fundamental components of NAFTA's standards regime in order to discover the rules and processes by which NAFTA seeks to balance the exigencies of environmental protection and free trade. The thesis concludes that NAFTA's standards regime offers a complex system of checks and balances designed to accommodate both trade and environment.

McKim, Tracy K.; Toward Sustainable Development: Sustainable Participation and Role of the Law

Author: McKim, Tracy K.
Title:
Toward Sustainable Development: Sustainable Participation and Role of the Law
Call Number:
KF3775 .M383 1993
ProQuest Disserations and Theses
Theses Canada

Abstract

Sustainable development connects the way in which decisions are made with social justice. This connection expands a predominantly distributive paradigm of social justice to include decision-making processes. The realization of social justice and, thus, sustainable development require decision-making processes that are participatory. However, it is not participation as currently practiced or thought about. The author develops the concept of sustainable participation, and its guiding principles, to suggest an alternative but not necessarily new way of thinking about participation and decision-making. Although current practices of and political/legal frameworks for participation, when measured against these principles, tend to act as barriers to sustainable participation, there is potential for reform. Already existing consultative processes, expanded into a program of administrative democracy and supported by rights of access to decision-makers, information and funding, suggest a place from which to begin the progression toward sustainable participation and, thus, sustainable development.

1992

Submitted by amabel on Tue, 12/16/2014 - 12:00pm

Dzidzornu, David M.; The International Law of Marine Environment Protection and Preservation: An Analysis with Application to Ghana

Author: Dzidzornu, David M.
Title: The International Law of Marine Environment Protection and Preservation: An Analysis with Application to Ghana
Call Number: K3590.4 .D95 1992
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis examines the policy reasons for a federal presence in the Canadian environmental impact assessment field and the jurisdiction in the field. From the policy reasons considered it is concluded that there is justification for a strong federal presence in the environmental impact assessment process.

A review of the experience of two other federal states with a federal environmental impact assessment process, the United States and Australia, indicates that where federal power in the field is exercised strongly and confidently, an effective process is more likely to be established and maintained. If the federal government fails to assert its jurisdiction, there is the possibility of the federal process becoming ineffective and differing standards being established in the states. The question of whether the Canadian Constitution can support a strong federal presence in the field is then considered. From a detailed examination of the Supreme Court of Canada decision in Crown Zellerbach, it is concluded the peace, order and good government power can support a strong federal presence. This power can support federal jurisdiction over an environmental impact assessment process that is wide in its ambit- the kinds of proposals to which it applies- and broad in its scope- the factors considered in an assessment carried out under such a process is outlined. For practical reasons, it is suggested that where a proposal may have an environmental effect on both federal and provincial areas of jurisdiction, a joint federal -provincial environmental impact assessment should be employed. Cooperative mechanisms for sharing power in an environmental context are explored. The present federal assessment process under the Environmental Assessment Review Process Guidelines Order is reviewed and the proposed federal process under Bill C-78 (now Bill C-13) is considered. Both processes make some provision for joint assessments in certain situations. In the conclusion it is recommended that where a proposal may have environmental effects on both federal and provincial areas of jurisdiction, it should be referred to a joint federal-provincial agency. This agency would handle joint panel reviews and joint assessments of proposals that will have significant or unknown environmental effects that cannot be dealt with by way of a routine screening.

Klimek, Jennifer J.; Liability for Environmental Damage in Insolvencies

Author: Klimek, Jennifer J.
Title: Liability for Environmental Damage in Insolvencies
Call Number: KF1298 .K55 1992
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis examines who is responsible for the cleanup of environmental damage when the perpetrator of the receivers, receivers-managers and trustees in bankruptcy who are appointed to liquidate an insolvent party's estate. It also looks at the liability of lenders who have financed this party's business and may or may not have become involved in her business. The thesis only deals with the civil liability that is imposed by either the federal or Alberta legislation. It does not look at the liability that may be imposed by the common law.

To determine this liability the thesis reviews the relevant legislation and the cases that assist in the interpretation of this legislation. In particular, it extensively analyzes the Bulora and Panamericana cases, the only Canadian cases that deal with who is responsible for damage that occurs prior to a receiver-manager's appointment. This analysis indicates that the law is not clear on whether receivers, receiver-managers and trustees or lenders are liable for environmental damage and if so in what circumstances. After reviewing the current state of the law on liability for environmental damage the thesis examines the priority that is given to the costs of the clean-up of environmental damage in the distribution of the insolvent party's assets. Since the law is uncertain the thesis proposes two possible methods of reforming the law at both the federal and the provincial level. The first system establishes a fund to finance the cost of cleaning up environmental damage. The second changes the priority system in insolvencies such that thecosts of the clean-up of environmental damage are a first charge on the debtor's assets. The systems fulfill the aims and objectives of insolvency law and environmental law. They also reconcile these two areas of the law to establish a system that provides business certainty while at the same time protects the environment. The emphasis of these schemes is on protecting the environment by firstly preventing damage and secondly by dealing with how it should be cleaned up in the event it does occur.

1991

Submitted by amabel on Tue, 12/16/2014 - 11:52am

Hanebury, Judith B.; The Federal Role in Environmental Impact Assessment

Author: Hanebury, Judith B.
Title: The Federal Role in Environmental Impact Assessment
Call Number: KF3775 .H36 1991
ProQuest Dissertations and Theses
Theses Canada

Abstract

This thesis examines the policy reasons for a federal presence in the Canadian environmental impact assessment field and the jurisdiction in the field. From the policy reasons considered it is concluded that there is justification for a strong federal presence in the environmental impact assessment process.

A review of the experience of two other federal states with a federal environmental impact assessment process, the United States and Australia, indicates that where federal power in the field is exercised strongly and confidently, an effective process is more likely to be established and maintained. If the federal government fails to assert its jurisdiction, there is the possibility of the federal process becoming ineffective and differing standards being established in the states. The question of whether the Canadian Constitution can support a strong federal presence in the field is then considered. From a detailed examination of the Supreme Court of Canada decision in Crown Zellerbach, it is concluded the peace, order and good government power can support a strong federal presence. This power can support federal jurisdiction over an environmental impact assessment process that is wide in its ambit- the kinds of proposals to which it applies- and broad in its scope- the factors considered in an assessment carried out under such a process is outlined. For practical reasons, it is suggested that where a proposal may have an environmental effect on both federal and provincial areas of jurisdiction, a joint federal -provincial environmental impact assessment should be employed. Cooperative mechanisms for sharing power in an environmental context are explored. The present federal assessment process under the Environmental Assessment Review Process Guidelines Order is reviewed and the proposed federal process under Bill C-78 (now Bill C-13) is considered. Both processes make some provision for joint assessments in certain situations. In the conclusion it is recommended that where a proposal may have environmental effects on both federal and provincial areas of jurisdiction, it should be referred to a joint federal-provincial agency. This agency would handle joint panel reviews and joint assessments of proposals that will have significant or unknown environmental effects that cannot be dealt with by way of a routine screening.