1,720,964 research outputs found
Litigating extraterritorial corporate crimes in Canadian courts
No full textThis study investigates whether and how Canadian courts may assume jurisdiction (both criminal and civil) over extraterritorial crimes/wrongs committed by Canadian corporations operating overseas. It examines the current state of international law to see whether there is any international legal rule prohibiting a state from assuming jurisdiction over conduct occurring outside its territory. It finds that no such positive rule is in existence, whether in customary international law or in treaty law, and that the only concern is the likelihood of diplomatic protests by states which believe that the jurisdiction sought to be assumed is a threat to their territorial integrity. It argues that although the type of jurisdiction envisaged in this study is not widespread among states, the absence of widespread state practice is not tantamount to prohibition, at least in principle. The study then looks at the Canadian domestic jurisdictional bases, both criminal and civil. On the criminal front, it finds that the real and substantial link test has enough flexibility to reach the extraterritorial conduct of Canadian corporations and that the expansion of the substantive bases of corporate criminal liability that occurred in Canada in 2003 bolstered the criminal jurisdiction of Canadian courts over extraterritorial corporate crimes. On the civil front, it finds that Canadian courts may assume extraterritorial jurisdiction under three distinct theories: the real and substantial connection test, necessity jurisdiction and the recently enacted Torture Victims Protection Act. It examines the bases for declining jurisdiction under the doctrine of forum non conveniens and calls for a reformulation of the doctrine to require a Canadian court to decline jurisdiction only when it finds that it is a “clearly inappropriate” forum, in contrast to the current rule that requires the existence of a “clearly more appropriate alternative” forum. The question of choosing the applicable law in tort cases is also interrogated. A call is made for the adoption of a rule that considers the nature of the conduct in litigation as an important element in the determination of the applicable law. On the whole, this study concludes that Canada holds prospects for transnational litigation.Law, Faculty ofGraduat
Environmental Sentencing Policy in Alberta: A Critical Review
No full textThis paper reviews the sentencing policy in environmental cases in Alberta, Canada with a view to identifying the underlying theoretical justifications, the prevailing sentencing options and the principles governing their application, and the factors that influence environmental sentencing generally in Alberta. The ultimate goal is to assess the application of the sentencing principles and factors to determine their usefulness and potential effectiveness. After analyzing the legal nature of environmental offences, the paper proceeds to analyze the theories informing environmental sentencing in Alberta. This is followed by a discussion of the available environmental sentencing options in Alberta and lastly by an analysis of the factors considered in the application of those options. A major conclusion of this paper is that there appears to be a deliberate policy towards increased fines – both traditional fines (fines simpliciter) and non-traditional fines (such as fines imposed in the nature of creative sentencing). This policy reflects increasing awareness in Alberta of the need to toughen up on environmental criminals.Alberta Law Foundatio
Development of oil sands projects in sub-Saharan Africa: lessons from the governance regime for the Alberta Oil Sands
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Legal and Policy Responses to Environmental Offences in Relation to the Alberta Oil Sands
No full textThis article reviews the environmental enforcement culture in Alberta with a view to ascertaining what mechanisms are in place in Alberta for responding to the commission of environmental offences, especially in the context of the oil sands, and the extent to which those mechanisms have been, or are being, used. It finds that there is a policy direction in Alberta towards increased penalties and that creative sentencing has become the norm although its benefits are cut short by lack of adequate monitoring to ensure that the fines are paid and used for the purposes for which they are meant. But it is perhaps in connection with the welfare of victims of environmental offences that the policy and legal framework in Alberta appears to have paid the least attention. By exploring and drawing attention to these realities, this article hopes to contribute the effective enforcement of environmental laws in Alberta.Alberta Law FoundationN
Realising the Africa mining vision: the role of government-initiated international development think-tanks
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A Survey of the Literature on Local Content Policies in the Oil and Gas Industry in East Africa
Get PDFAlthough oil and gas exploration has been going on in East Africa for decades, until recently exploration activities grew more slowly compared to other regions in Africa. Today, there has been a series of oil and gas discoveries in several East African countries, including Kenya, Madagascar, Mozambique, Tanzania and Uganda. Debate is however mounting over what effect the new oil and gas discoveries would have on East Africa, given the trajectory of older oil-producing countries in Africa, particularly Angola, Nigeria and Sudan. The challenge for East Africa is, therefore, how to maximize the potential benefits from the resources to avoid the under-developmental path that these other countries followed. There is general consensus that lack of specialized skills is a major obstacle to Africa’s realization of its resource potentials. One instrument currently being adopted by most oil and gas resource-rich countries (both in and outside Africa) to deal with the skills problem and to enhance linkages between the oil and gas sector and other sectors of the economy is the formulation of local content policies (LCPs). Typically, LCPs require companies to give preferential treatment to nationals of the country in which they operate in matters of employment and in the procurement of goods and services. It is believed that this would result in technology transfer and facilitate the ability of the country to take charge of its own development. But LCPs come with certain tradeoffs: Their potential incompatibility with international trade agreements threatens their sustenance; they can create unrealistic expectations capable of discouraging investment; and they are easily prone to corruption. However, there is a strong case for emerging oil and gas-producing East African countries to consider adopting the LCP. The nascent nature of the oil and gas industry in the region means that these countries would not have the technical and even managerial expertise to meet the demands of the industry. And training and education are essential for economic development. The LCP appears to be a potent tool to train local professionals. The question however is how to design the policy to reflect the particular needs and circumstances of each country. East African countries may consider adopting a localist approach to LCP by giving special consideration to the localities where the oil and gas and exploitation takes place. This approach may help them to address wider socio-economic problems associated with oil and gas development. They may also consider adopting a regional approach, which would enable all the countries to pull their resources together to jointly address the skills problem facing the region and thereby help one another. Given the enormous oil and gas skills gap in the region, it may help East Africa to avoid the imposition of stringent local content targets on oil and gas companies operating in the region and, instead, adopt an incremental and compartmentalized approach that takes stock of what skills are available, in what compartments at any given time and set their local content targets accordingly. Promotion of linkage development is essential to enhance the contribution of the oil and gas industry to the macro economy. Linkage development can facilitate technology transfer and economic diversification. But even these measures will have only minimal positive impact if the potential for elite capture and corruption is not addressed through the injection of transparency and accountability measures into the LCP design and implementation
Towards corporate environmental responsibility in Sub-Saharan Africa's oil and gas industry: opportunities and challenges
No full textThis thesis demonstrates the level of environmental disaster that oil TNCs have brought into Sub-Sahara Africa as a direct consequence of economic globalization. The analysis reveals the weaknesses of the environmental regime in the Sub-Sahara African region, particularly in Nigeria, Chad and Cameroon as well as the lack of administrative capacity of the governments. The thesis explores alternative means through which environmental responsibility of oil TNCs could be pursued at the supranational arena and within the legal system of home states of the oil TNCs. It seeks to do so by examining the phenomenon of tort-based action for foreign direct liability of the parent oil TNCs for the conduct of their foreign subsidiaries extraterritorially.May 201
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