Integrating Climate Change into EA: Thoughts on Federal Law Reform

2016 ◽  
Author(s):  
Meinhard Doelle
2005 ◽  
Vol 46 (3) ◽  
pp. 629-670 ◽  
Author(s):  
Hoi Kong

In this article, the author addresses a neglected area of study, namely codal amendment in Canada. The author argues that the theoretical justi-fcations for the Civil Code of Québec and its distinctive design features raise concerns about how the Code is currently amended. In response to these concerns, the author draws on the rich literature concerning law reform in Canada to propose a reform institute that is charged with overseeing the process of codal amendment. Moreover, the author contends that when Canadian courts and Parliament respond to and the Quebec legislature effects changes to codal text they should be closely attentive to the purposes underlying the constitutional division of powers. To illustrate this last contention, the author critiques the Federal Law — Civil Law Harmonization Act, No. 1 and recent legislative and judicial developments respecting marriage and the civil union.


2018 ◽  
Vol 8 (1) ◽  
pp. 89-118 ◽  
Author(s):  
Joseph Wenta ◽  
Jan McDonald ◽  
Jeffrey S. McGee

AbstractResilience thinking – an approach for understanding and managing change – is increasingly central to climate change adaptation law and policy. Yet the influence of adaptation law and policy on the distribution of climate impacts is often overlooked in studies of socio-ecological resilience to climate change. This article demonstrates how environmental justice scholarship helps to address this gap in the literature relating to adaptation law and resilience. Drawing on existing literature, the article identifies four principles to promote resilience and justice through climate adaptation laws. Climate adaptation laws must (i) prepare for, and respond to, change; (ii) address the distributive effects of climate change and adaptation; (iii) promote participation in adaptation processes; and (iv) cross sectors and scales. Each criterion can be implemented in part through existing legal processes, but might also be further supported by incremental law reform. Developing both resilience and justice dimensions will enhance the effectiveness of adaptation laws in addressing climate impacts.


Author(s):  
Roderick A. Macdonald

The fact that we are celebrating the 20th anniversary of the Report of the SSHRC Consultative Group on Research and Education in Law and that the event is cast as a celebration of the Arthurs Report signals two key features of legal research and legal education in Canada today.To begin, it tells us that, at least in certain scholarly circles, the Report has had an impact. That impact can be seen both in the mirror of the past, and in the lens of the present. Looking backwards, the early success of this Association and the founding of its review - the Canadian Journal of Law and Society – attest to the immediate galvanic effect of the Report; its continuing influence is manifest, notably, in the decision of the SSHRC last year to create a separate adjudication panel for law and society research. Between these salient bookends, one observes that the Report has been called in aid of numerous projects, programmes and initiatives. Let me mention only two (with which I had some prior association) that took on a relatively permanent institutional form: the Law and Society (later Law and the Determinants of Social Order) Programme of the Canadian Institute for Advanced Research that flourished between 1986 and 1996; and the re-establishment in 1997 of a multi-disciplinary federal law reform agency – the Law Commission of Canada – that was charged with pursuing a law and society research mandate.


2015 ◽  
Vol 7 (1) ◽  
pp. 375-409 ◽  
Author(s):  
Victoria Herrmann

As the world enters into a new century, Arctic countries, indigenous groups, non-state actors, and even non-Arctic nations such as China and India are intensifying their political and economic investments in the circumpolar region. The potential of an ice-free pole in the near future promises unprecedented opportunities of energy resources, trade routes, and mineral extraction. Nonetheless, few political leaders have or will ever travel to the far north. In a place so geographically remote from those who are taking interest, images and supportive textual discourse have become a medium for legitimising actions and statements. Each selective compositional or contextual element determines the realm of visibility and invisibility, enacting a particularly politicised disposition from its audience. The purpose of this work is to demonstrate how images of indigenous communities in the Arctic function as currency in debates of climate change, human rights, and native agency. First, the piece explores the human rights implications of a changing climate for native Arctic communities. This article then explores the implications of narratives of traditional knowledge being drawn onto abstract grids of historic victimisation through their engagement with international law, institutions, and human rights campaigns. Through this, the article shows that these images and aesthetic codes have constructed and conditioned changing perceptions of human rights and responsibility in a melting Arctic. The analysis considers the role visual narratives generally play in human rights within the climate change discourse and their implications for law reform and strategies for achieving climate justice.


Author(s):  
Yanko Marcius de Alencar Xavier ◽  
Anderson Souza da Silva Lanzillo

This chapter analyses Brazilian public policy on financing renewable energy to address climate change. Conditions in Brazil favour adoption of an increasingly clean energy matrix: with significant innovation in energy policy and technology much of the country’s energy production now comes from renewable sources. The chapter examines the National Policy on Climate Change (Federal Law no. 12.187/2009), the National Fund for Climate Change (Federal Law no. 12.114/2009). Yet, energy for Brazil’s transportation system remains largely fossil fuel-based, and the oil and gas industry is economically important. The chapter discusses the intergration of renewable energy into climate change policy and adoption of climate policy in energy legislation, together with measures such as taxation that support renewable energy. The chapter examines the oil and gas industry economic crisis and the ramifications for financing renewable energy given historic reliance on the fossil fuel sector to fund innovations in renewable energy technologies.


2019 ◽  
Vol 3 (6) ◽  
pp. 723-729
Author(s):  
Roslyn Gleadow ◽  
Jim Hanan ◽  
Alan Dorin

Food security and the sustainability of native ecosystems depends on plant-insect interactions in countless ways. Recently reported rapid and immense declines in insect numbers due to climate change, the use of pesticides and herbicides, the introduction of agricultural monocultures, and the destruction of insect native habitat, are all potential contributors to this grave situation. Some researchers are working towards a future where natural insect pollinators might be replaced with free-flying robotic bees, an ecologically problematic proposal. We argue instead that creating environments that are friendly to bees and exploring the use of other species for pollination and bio-control, particularly in non-European countries, are more ecologically sound approaches. The computer simulation of insect-plant interactions is a far more measured application of technology that may assist in managing, or averting, ‘Insect Armageddon' from both practical and ethical viewpoints.


2019 ◽  
Vol 3 (2) ◽  
pp. 221-231 ◽  
Author(s):  
Rebecca Millington ◽  
Peter M. Cox ◽  
Jonathan R. Moore ◽  
Gabriel Yvon-Durocher

Abstract We are in a period of relatively rapid climate change. This poses challenges for individual species and threatens the ecosystem services that humanity relies upon. Temperature is a key stressor. In a warming climate, individual organisms may be able to shift their thermal optima through phenotypic plasticity. However, such plasticity is unlikely to be sufficient over the coming centuries. Resilience to warming will also depend on how fast the distribution of traits that define a species can adapt through other methods, in particular through redistribution of the abundance of variants within the population and through genetic evolution. In this paper, we use a simple theoretical ‘trait diffusion’ model to explore how the resilience of a given species to climate change depends on the initial trait diversity (biodiversity), the trait diffusion rate (mutation rate), and the lifetime of the organism. We estimate theoretical dangerous rates of continuous global warming that would exceed the ability of a species to adapt through trait diffusion, and therefore lead to a collapse in the overall productivity of the species. As the rate of adaptation through intraspecies competition and genetic evolution decreases with species lifetime, we find critical rates of change that also depend fundamentally on lifetime. Dangerous rates of warming vary from 1°C per lifetime (at low trait diffusion rate) to 8°C per lifetime (at high trait diffusion rate). We conclude that rapid climate change is liable to favour short-lived organisms (e.g. microbes) rather than longer-lived organisms (e.g. trees).


2012 ◽  
Vol 22 (1) ◽  
pp. 11-21
Author(s):  
Patti Martin ◽  
Nannette Nicholson ◽  
Charia Hall

Family support has evolved from a buzzword of the 1990s to a concept founded in theory, mandated by federal law, valued across disciplines, and espoused by both parents and professionals. This emphasis on family-centered practices for families of young children with disabilities, coupled with federal policy initiatives and technological advances, served as the impetus for the development of Early Hearing Detection and Intervention (EHDI) programs (Nicholson & Martin, in press). White, Forsman, Eichwald, and Muñoz (2010) provide an excellent review of the evolution of EHDI systems, which include family support as one of their 9 components. The National Center for Hearing Assessment and Management (NCHAM), the Maternal and Child Health Bureau, and the Center for Disease Control Centers cosponsored the first National EHDI Conference. This conference brought stakeholders including parents, practitioners, and researchers from diverse backgrounds together to form a learning collaborative (Forsman, 2002). Attendees represented a variety of state, national, and/or federal agencies and organizations. This forum focused effort on the development of EHDI programs infused with translating research into practices and policy. When NCHAM, recognizing the critical role of family support in the improvement of outcomes for both children and families, created a think tank to investigate the concept of a conference centered on support for families of children who are deaf or hard of hearing in 2005, the “Investing in Family Support” (IFSC) conference was born. This conference was specifically designed to facilitate and enhance EHDI efforts within the family support arena. From this venue, a model of family support was conceptualized and has served as the cornerstone of the IFSC annual conference since 2006. Designed to be a functional framework, the IFSC model delineates where and how families find support. In this article, we will promote and encourage continued efforts towards defining operational measures and program components to ultimately quantify success as it relates to improved outcomes for these children and their families. The authors view this opportunity to revisit the theoretical underpinnings of family support, the emerging research in this area, and the basics of the IFSC Model of Family Support as a call to action. We challenge professionals who work with children identified as deaf or hard of hearing to move family support from conceptualization to practices that are grounded in evidence and ever mindful of the unique and dynamic nature of individual families.


2001 ◽  
Vol 70 (1) ◽  
pp. 47-61 ◽  
Author(s):  
Robert Moss ◽  
James Oswald ◽  
David Baines

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