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The Regulation of Continental Shelf Development: Rethinking International Standards

Aldo Chircop

The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of unresolved legal concerns related to the continental shelf. The current state of continental shelf activities is explored through the following lenses: • Contemporary uses, including an overview on offshore wind energy in the EU, an analysis of the use of submarine cables under UNCLOS, and a discussion of the varied potential for mining marine materials; • Emerging challenges, such as ISA seabed mining standards, the recent ITLOS decision regarding the Bay of Bengal, and the role of the IMO in establishing safety standards for transboundary effects of oil pollution for offshore platforms; • Comparative best practices in environmental regulation; • Probabilistic risk assessment, with a thorough definition of PRA and a critical examination of continental shelf disasters; • Decommissioning offshore installations and structures, including an overview of the global regime as particularly provided in Articles 60(3) and 80 of UNCLOS; • Liability and compensation; and finally, • Unfinished business on UNCLOS III. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.
The Regulation of Continental Shelf Development: Rethinking International Standards

Aldo Chircop

The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of unresolved legal concerns related to the continental shelf. The current state of continental shelf activities is explored through the following lenses: • Contemporary uses, including an overview on offshore wind energy in the EU, an analysis of the use of submarine cables under UNCLOS, and a discussion of the varied potential for mining marine materials; • Emerging challenges, such as ISA seabed mining standards, the recent ITLOS decision regarding the Bay of Bengal, and the role of the IMO in establishing safety standards for transboundary effects of oil pollution for offshore platforms; • Comparative best practices in environmental regulation; • Probabilistic risk assessment, with a thorough definition of PRA and a critical examination of continental shelf disasters; • Decommissioning offshore installations and structures, including an overview of the global regime as particularly provided in Articles 60(3) and 80 of UNCLOS; • Liability and compensation; and finally, • Unfinished business on UNCLOS III. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.
Canadian Law Dictionary

Steve Coughlan

Updated and expanded to reflect the most recent developments and revisions in Canadian national and provincial law, this book is a concise guide to legal citation in Canada. Legal terms are listed A-to-Z with concise definitions. Supplemented with information on relevant source materials, particularly in cases and statutes, this handy and easy-to-use reference source defines important legal terms, describes the Canadian court system, and presents The Canadian Charter of Rights and Freedoms in its entirety.
International & Transnational Criminal Law

Robert Currie and Joseph Rikhof

International criminal law has focused on the prosecution of truly international crimes — genocide, crimes against humanity, war crimes, and aggression. Our post-Cold War, post-9/11 world has also seen the growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state. This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime. The second edition updates caselaw from Canada as well as international courts and tribunals, transnational criminal law treaties, and recent literature, and adds a new chapter on extended liability, defences, and child soldiers. It reviews the new definition of the crime of aggression and some of Canada's new criminal cooperation ventures.
Safe to Be Open: Study on the Protection of Research Data and Recommendations for Access and Usage

Lucie Guibault and Andreas Wiebe

Openness has become a common concept in a growing number of scientific and academic fields. Expressions such as Open Access (OA) or Open Content (OC) are often employed for publications of papers and research results, or are contained as conditions in tenders issued by a number of funding agencies. More recently the concept of Open Data (OD) is of growing interest in some fields, particularly those that produce large amounts of data – which are not usually protected by standard legal tools such as copyright. However, a thorough understanding of the meaning of Openness – especially its legal implications – is usually lacking.

Open Access, Public Access, Open Content, Open Data, Public Domain. All these terms are often employed to indicate that a given paper, repository or database does not fall under the traditional “closed” scheme of default copyright rules. However, the differences between all these terms are often largely ignored or misrepresented, especially when the scientist in question is not familiar with the law generally and copyright in particular – a very common situation in all scientific fields.

On 17 July 2012 the European Commission published its Communication to the European Parliament and the Council entitled “Towards better access to scientific information: Boosting the benefits of public investments in research”. As the Commission observes, “discussions of the scientific dissemination system have traditionally focused on access to scientific publications – journals and monographs. However, it is becoming increasingly important to improve access to research data (experimental results, observations and computer-generated information), which forms the basis for the quantitative analysis underpinning many scientific publications”. The Commission believes that through more complete and wider access to scientific publications and data, the pace of innovation will accelerate and researchers will collaborate so that duplication of efforts will be avoided. Moreover, open research data will allow other researchers to build on previous research results, as it will allow involvement of citizens and society in the scientific process.

In the Communication the Commission makes explicit reference to open access models of publications and dissemination of research results, and the reference is not only to access and use but most significantly to reuse of publications as well as research data.

The Communication marks an official new step on the road to open access to publicly funded research results in science and the humanities in Europe. Scientific publications are no longer the only elements of its open access policy: research data upon which publications are based should now also be made available to the public.

As noble as the open access goal is, however, the expansion of the open access policy to publicly funded research data raises a number of legal and policy issues that are often distinct from those concerning the publication of scientific articles and monographs. Since open access to research data – rather than publications – is a relatively new policy objective, less attention has been paid to the specific features of research data. An analysis of the legal status of such data, and on how to make it available under the correct licence terms, is therefore the subject of the following sections.
Health Care Federalism in Canada: Critical Junctures and Critical Perspectives

William Lahey Prof. and Katherine Fierlbeck

Now that Ottawa has left health care to the provinces, what is the future for Canadian health care in a decentralized federal context? Is the Canada Health Act dead?

Health Care Federalism in Canada provides a multi-perspective, interdisciplinary analysis of a critical juncture in Canadian public policy and the contributing factors which have led to this point. Social scientists, legal scholars, health services researchers, and decision-makers examine the shift from a system where Ottawa has played a significant, sometimes controversial role, to one where provinces have more ability to push health care design in new directions. Will this change inspire innovation and collaboration, or inequality and confusion?

Providing an up-to-date analysis of health care policy and intergovernmental relations at a crucial time, Health Care Federalism in Canada will be of interest to anyone concerned with the current dynamics and future potential of Canadian health care.
Teachers and the Law: Diverse Roles and New Challenges

A. Wayne Mackay, Lyle Sutherland, and Kim Pochini

An invaluable resource for teachers and other education professionals, Teachers and the Law provides the legal knowledge necessary to fulfill multiple roles and to succeed in the modern, Canadian classroom. Teachers will be equipped to address a wide range of issues, including technology and social media, harassment, bullying, censorship, Indigenous education, privacy, equality, and more.

This edition reflects updated legislation that relates to the evolving rights of teachers, students, and parents, as well as emphasizing the impact that courts and human rights tribunals have in shaping both educational policies and practices. This edition also examines emerging privacy challenges relating to technology, such as the distribution of intimate images; inclusive education; and social movements such as #MeToo.
The Regulation of International Shipping: Essays in Honour of Edgar Gold

Aldo Chircop

“Marine transport, and the law and policy within which it operates, must be seen as very similar to other international undertakings operating on a transnational scale.” These concluding words in Edgar Gold’s Maritime Transport (Lexington, 1981) aptly capture the past, present and future of the regulation of international shipping. The Regulation of International Shipping: International and Comparative Perspectives in Honor of Edgar Gold pays tribute to a mariner, legal practitioner and university teacher with a unique understanding of shipping and maritime trade. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute examine the public law and policy framework for international navigation, the complex relationship between shipping and the marine environment, the imperative of better protection of seafarers, and ultimately, responsible ocean use. This book includes biographical and bibliographic notes on Edgar Gold.
The Regulation of International Shipping: Essays in Honour of Edgar Gold

Aldo Chircop

“Marine transport, and the law and policy within which it operates, must be seen as very similar to other international undertakings operating on a transnational scale.” These concluding words in Edgar Gold’s Maritime Transport (Lexington, 1981) aptly capture the past, present and future of the regulation of international shipping. The Regulation of International Shipping: International and Comparative Perspectives in Honor of Edgar Gold pays tribute to a mariner, legal practitioner and university teacher with a unique understanding of shipping and maritime trade. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute examine the public law and policy framework for international navigation, the complex relationship between shipping and the marine environment, the imperative of better protection of seafarers, and ultimately, responsible ocean use. This book includes biographical and bibliographic notes on Edgar Gold.
Troubling Sex: Towards A Legal Theory of Sexual Integrity

Elaine Craig

The relationship between law and sexuality is both complex and profound. Yet scholars tend not to study sexuality across legal contexts. Discussions about sexual liberty and the rights of sexual minorities tend not to include much focus on issues such as rape, sexual violence and the ‘bad of sex’. Similarly, discussions about sexual harm, for example those that reflect on the sexual oppression of women and children, do not typically emphasize theories or legal approaches that are overly concerned with also recognizing and accommodating the good of sex - the benefit, joy and power produced through and by sexuality. This book considers whether there can be a legal theory of human sexuality which accounts for the good of sex, but identifies and rejects the bad, an approach which ensures equality without assimilation, diversity without exclusion, and liberty without suffering?
Troubling Sex: Towards A Legal Theory of Sexual Integrity

Elaine Craig

The relationship between law and sexuality is both complex and profound. Yet scholars tend not to study sexuality across legal contexts. Discussions about sexual liberty and the rights of sexual minorities tend not to include much focus on issues such as rape, sexual violence and the ‘bad of sex’. Similarly, discussions about sexual harm, for example those that reflect on the sexual oppression of women and children, do not typically emphasize theories or legal approaches that are overly concerned with also recognizing and accommodating the good of sex - the benefit, joy and power produced through and by sexuality. This book considers whether there can be a legal theory of human sexuality which accounts for the good of sex, but identifies and rejects the bad, an approach which ensures equality without assimilation, diversity without exclusion, and liberty without suffering?
Promoting Compliance in an Evolving Climate Change Regime

Meinhard Doelle, Jutta Brunnée, and Lavanya Rajamani

As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.
Promoting Compliance in an Evolving Climate Change Regime

Jutta Brunnée, Meinhard Doelle, and Lavanya Rajamani

As the contours of a post-2012 climate regime begin to emerge, compliance issues will require increasing attention. This volume considers the questions that the trends in the climate negotiations raise for the regime's compliance system. It reviews the main features of the UN Framework Convention on Climate Change and its Kyoto Protocol, canvasses the literature on compliance theory and examines the broader experience with compliance mechanisms in other international environmental regimes. Against this backdrop, contributors examine the central elements of the existing compliance system, the practice of the Kyoto compliance procedure to date and the main compliance challenges encountered by key groups of states such as OECD countries, economies in transition and developing countries. These assessments anchor examinations of the strengths and weaknesses of the existing compliance tools and of the emerging, decentralized, 'bottom-up' approach introduced by the 2009 Copenhagen Accord and pursued by the 2010 Cancun Agreements.
Open Content Licensing: From Theory to Practice

Lucie Guibault and Christina Angelopoulos

Although open content licenses only account for a fraction of all copyright licenses currently enforced in the world, their introduction has had profound effects on the use and dissemination of information. This book explores the theoretical underpinnings of these licenses and offers insight on the practical advantages and inconveniences of their use. The essays collected here include an objective study of the principles of open content from the perspective of European intellectual property law as well as novel examinations of their possible implementation in different areas of the cultural or information industry.
Open Content Licensing: From Theory to Practice

Lucie Guibault and Christina Angelopoulos

Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initiated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in the areas of scientific publishing, of the re-use of government information, of the dissemination of works held by cultural heritage institutions and of the exercise of rights on music phonograms.
Queer Theory: Law, Culture, Empire

Robert Leckey and Kim Brooks

Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors – from five continents – delve into examples drawn from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts – from cultural productions to laws and judgments – as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses.

Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/sexuality, and law and culture.
Being Relational: Reflections on Relational Theory & Health Law

Jennifer Llewellyn and Jocelyn Downie

Relational theory has recently gained prominence in philosophy, women’s and gender studies, and bioethics. Yet it has not made substantial inroads into many areas of law and policy. Being Relational seeks to remedy this situation by bringing this powerful theoretical framework to the field of health law and policy.
Being Relational: Reflections on Relational Theory & Health Law

Jennifer Llewellyn and Jocelyn Downie

Relational theory has recently gained prominence in philosophy, women’s and gender studies, and bioethics. Yet it has not made substantial inroads into many areas of law and policy. Being Relational seeks to remedy this situation by bringing this powerful theoretical framework to the field of health law and policy.

At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore the key concepts of autonomy, judgment, equality, justice, memory, identity, and conscience. In response, health policy and law scholars analyze how such considerations might be brought to bear on pressing issues such as reproduction, allocation of scarce resources, Aboriginal health, mental health, and animal experimentation.
The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime

Moira McConnell, Dominick Devlin, and Cleopatra Doumbia–Henry

The Maritime Labour Convention, 2006 (MLC, 2006), adopted by the International Labour Organization (ILO) in 2006, is the fourth pillar of the international maritime regulatory regime. It both fills a gap in the 1982 United Nations Convention on the Law of the Sea and complements the International Maritime Organization’s (IMO) core conventions on ship safety, & security, training and pollution prevention.

Aimed at achieving both “decent work” for seafarers and fair competition for shipowners, the MLC, 2006 covers most aspects of maritime labour. It establishes an effective enforcement and compliance system with, for the first time, certification of seafarers’ working and living conditions on ships. With its interwoven labour and social rights and economic goals, the MLC, 2006 is an international legal instrument that will have a significant impact on approaches to labour standards in other globalized sectors.

Co-authored by international law practitioners and scholars with combined expertise in the public international law of the sea, maritime law, international labour law, and, more specifically, direct involvement with the development of the MLC, 2006 over nearly a decade, The Maritime Labour Convention, 2006: A Legal Primer to an Emerging International Regime discusses the MLC, 2006 within the contexts of labour and maritime law. It also includes an appendix with the full Convention text (and notes).
Recasting Transboundary Fisheries Management Arrangements in Light of Sustainability Principles: Canadian and International Perspectives

David VanderZwaag and Dawn A. Russell

The management of transboundary fish stocks might be described as a complex mosaic. Multiple fora are trying to incrementally shift the fisheries management course towards a sustainable future. Recasting Transboundary Fisheries Management Arrangements in Light of Sustainability Principles reviews and critiques key recasting efforts with a primary focus on Canada’s transboundary fisheries management arrangements for the Pacific and Atlantic oceans. It provides a primer on the international law and policy framework governing transboundary fisheries and offers bilateral and regional case studies in the search for more principled fisheries governance approaches based on the new sustainability imperatives.

This book offers current Canadian and international perspectives on the challenges facing regional fisheries management organizations, as well as bilateral and national arrangements, as they face the tides of sustainability reform. Struggles to implement precautionary and ecosystem approaches are especially highlighted.
Legal Guide for Religious Institutions: Churches, Synagogues, Mosques, Temples, and Other Religious Communities

David Blaikie and Diana Ginn

This book offers a much-needed primer on legal issues affecting religious institutions today. It is an excellent resource, with comprehensive, practical guidance on relevant topics, including decision making, risk prevention, negligence, employment law, human rights, property issues, and confidentiality. The focus throughout is on good governance and prudent oversight; while religious organizations are advised to seek legal advice on complex matters, the clear message is that many potential pitfalls can be avoided through care and common sense. The writing is clear and crisp, actual cases are used to illustrate legal principles, and each chapter closes with questions and answers that highlight the key points. This hook is neither overly detailed nor overly simplistic. It does an excellent job of hitting the right note for its intended audience. The Legal Guide for Religious Institutions would be a valuable addition to the library of every religious institution in America.
Justice Bertha Wilson: One Woman’s Difference

Kim Brooks

Bertha Wilson’s appointment as the first female justice of the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her death in 2007 has, in turn, provoked reflection on her contributions to law and the legal profession and raised the question, what difference do women judges make?

Justice Bertha Wilson examines Wilson’s career through three distinct frames and from a wide range of feminist perspectives. In “Foundations” contributors evince Wilson’s contributions to the building blocks of the legal system, including to property law, contract law, and fiduciary duties; in “Controversy” they examine Wilson’s role in high-profile, controversial decisions on issues such as prostitution, criminal defence, and child custody. The final section, “Reflections,” assesses Wilson’s credentials as a feminist judge and her impact on the legal profession and judicial education.

This timely, evocative book highlights Wilson’s contributions to the Canadian legal landscape and addresses many of the issues that Wilson grappled with in her life and career. A nuanced portrait of a complex woman, it will appeal to lawyers, judges, policy makers, academics, and anyone interested in law and women’s contributions to Canadian society.

A nuanced portrait of a complex woman, it will appeal to lawyers, judges, policy makers, academics, and anyone interested in law and women’s contributions to Canadian society.
The Future of Ocean Regime-Building: Essays in Tribute to Douglas M Johnston

Aldo Chircop

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston.
The Future of Ocean Regime-Building: Essays in Tribute to Douglas M Johnston

Aldo Chircop

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston
Understanding and Strengthening European Union-Canada Relations in Law of the Sea and Ocean Governance

Aldo Chircop, Timo Koivurova, Erik Franckx, Erik J. Molenaar, and David VanderZwaag

The recent history of international ocean relations between Canada and the European Union (EU) merits particular scholarly attention. The headlines in the media have tended to focus on differences rather than commonalities, and in particular those few differences that led to confrontation, probably not without some assistance from the media. The “Turbot War” in the 1990s is by now a classic case of confrontation on the high seas motivated by conflicting fisheries and related conservation interests.