Early Experience with the Kyoto Compliance System: Possible Lessons for MEA Compliance System Design

Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is therefore the following: Assuming the obligations under the climate change regime were to remain unchanged, what adjustments to the Kyoto compliance system would be warranted in light of the experience to date? In addressing this central question, the aim of this article is to help inform the design of future compliance systems under any MEAs that recognize the value of seeking to combine facilitative compliance strategies with enforcement

Decades of Climate Policy Failure in Canada: Can we Break The Vicious Cycle?

This paper explores the causes of 20 years of climate policy failure in Canada

The Legacy of the Climate Talks in Copenhagen: Hopenhagen or Brokenhagen?

This article explores the implications of the Copenhagen climate talks in December 2009 for the future of the international climate change regime

The Canadian Law of Toxic Torts, by Lynda Collins & Heather Mcleod-Kilmurray

Book review of The Canadian Law of Toxic Torts

From Hot Air to Action? Climate Change, Compliance, and the Future of International Environmental Law

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law more generally are also considered. To provide the necessary context, the state of international environmental law generally and the climate change regime under the UNFCCC more specifically is assessed. This is followed by an assessment of likely levels of compliance with Kyoto considering a number of internal and external influences on compliance with Kyoto. The focus of internal factors is on an assessment of the compliance system under the Kyoto Protocol within a theoretical context of rational choice versus norm based compliance theories. The consideration of external influences includes a consideration of links between the climate change regime and the World Trade Organization, the UN Law of the Sea Convention, International Human Rights Norms, and Multilateral Environmental Agreements. These influences are considered both in terms of their potential contribution to compliance with Kyoto and more generally their possible influence on the future evolution of the climate change regime. The dissertation concludes with an assessment of the impact of the Kyoto Protocol on compliance, on the future of the climate change regime, and on the future of international environmental law more generally

Nova Scotia\u27s Cap & Trade System: A Modest Proposal

The government of Nova Scotia has just released a discussion paper on its proposed Cap and Trade (C&T) System for provincial GHG emission reductions. The C&T system is a key component of Nova Scotia’s contribution to Canada’s overall effort to implement the Paris Climate Agreement in line with the Pan Canadian Framework on Climate Change. This article summarizes the key elements of the proposed system, identified shortcomings and proposes a way forward for Nova Scotia

The Role of EA in Achieving a Sustainable Energy Future in Canada: A Case Study of the Lower Churchill Panel Review

Energy projects have featured prominently in environmental assessment (EA) processes in Canada, particularly with respect to panel reviews conducted under the Canadian Environmental Assessment Act (CEAA). Now, for the first time in decades, there is serious talk in Canada of developing a national energy strategy. In this context, the article considers how the federal EA process could be utilized to support such efforts. The Lower Churchill Hydro Project Review Panel is used as a case study to illustrate how project EAs can support broader energy policy consideration

The Role of Strategic Environmental Assessments (SEAs) in Energy Governance: A Case Study of Tidal Energy in Nova Scotia\u27s Bay of Fundy

The article considers the role of strategic environmental assessments in improving decision making by government decision makers faced with the arrival of a new industry to its jurisdiction. It uses using the arrival of the in stream tidal energy industry in Nova Scotia as a case study. The article first considers the existing federal and provincial regulatory context for decisions about whether, where and under what conditions to approve tidal energy projects in the Bay of Fundy region. It then provides an overview of a strategic environmental assessment carried out on behalf of the province of Nova Scotia in 2007/2008, and assesses the outcomes of the SEA process. The article concludes with a critique of the tidal SEA process and outcomes based on criteria selected from current SEA literature

The Lower Churchill Panel Review: Sustainability Assessment Under Legislative Constraints

This paper reviews the experience of applying a sustainability framework in the assessment of the Lower Churchill Hydroelectric project in Labrador, Canada. In it\u27s 2011 report, the Joint Review Panel proposed a decision-making framework for determining whether and how the project would make a net contribution to sustainability. In its framework, the panel considered the distribution of environmental, social, and economic impacts, benefits, risks and uncertainties

The Paris Climate Agreement – Assessment of Strengths and Weaknesses

This paper provides an overview of the core elements of the Paris Climate Agreement and offers an assessment of its key strength and weaknesses. The paper concludes with thoughts on what is required for its effective implementation