La Meta y los Objetivos del Proyecto…

El Proyecto de Derecho del CISDL para la Evaluación de la Eco-Salud en las Américas busca identificar, analizar y reducir los riesgos en la salud y el medio ambiente producidos por la integración económica de las comunidades y ecosistemas de las Américas, facilitando la integración de temas de salud y medio ambiente en las leyes y políticas de las Américas.

El proyecto de investigación es llevado a cabo a través de tres caminos interrelacionados que responden a los objetivos principales del proyecto:

Legal Research Objectives…

The project focuses on three streams related to climate change law and policy:

Cooperation: Analysis of intersections between global and domestic climate regimes, and other international regimes (environmental protection, human rights, economic law), for indigenous peoples concerns in the Arctic.

Coherence: Survey of recent developments in land tenure law within Canada and around the world, with a focus on identifying examples of innovative new governance practices, and identifying key legal and policy priorities of relevance to Inuit Land-Claims organizations and agreements;

Compliance: Analysis of international sovereignty and diplomacy issues related to international climate law and policy, and how interpretation of key terms and doctrines could address the implications of climate change for vulnerable regions such as the North.

As the impact of climate change will be most acute in the North, the project will contribute to the development and dissemination of the knowledge needed to formulate adaptation strategies and national policies to help Canadians, and more specifically northern aboriginal communities, face the impacts and opportunities of climate change and globalization in the Arctic.

Three Phases of Arctic Climate Law Engagement and Legal Research

In Phase I, the CISDL, McGill University and the University of Montreal, with partners, hosted an International Law Symposium from Dec 02 – 04 on Sustainable Developments in Law and Policy on Climate Change in Montreal during the 11th Conference of the Parties to the UN Framework Convention on Climate Change and the 1st Meeting of the Parties to the Kyoto Protocol (COP 11/MOP 1). A special Workshop on Law and Policy Implications of a Changing Climate for Northern Communities was held, featuring ArcticNet experts and speakers. This linked in with activities organised around ‘Arctic Day’ (Dec 06, 2005) in Montreal at the COP/MOP and parallel events.

In Phase II, the CISDL and partners are conducting consultations, then research, write and review a series of legal working papers on key topics in climate law and policy, and are developing an on-line, interactive manual on law and policy issues related to climate change in Canada’s North.

In Phase III, the CISDL and partners will organise a National Seminar on Arctic Climate Law and Policy, engaging young people and students, as well as learned law and scientific experts and aboriginal organizations, in discussions, debates and peer review of the working papers, before publishing them. 

The Need for New Legal Research, Knowledge and Analysis for the North

More than the scientific research needed in the Coastal North to understand the impacts of climate change – there is a great need to develop policy strategies to address the socio-economic impacts of physical changes. In developing participatory research and dialogue in this area, the CISDL aims to increase presently limited knowledge in this rapidly emerging field. Deeper analysis and awareness will contribute to the development of better focused legal and policy strategies for coping with the impact of global warming and developing an adequate socio-economic response. It will provide practical, useful legal research and advice for the development of practical legislations and regulations for Canada’s North by the northern inhabitants. As the effects of global warming become more evident, there is a need to adapt laws and policies to address them. There is a need to address new and emerging issues, such as questions of human rights law and climate change impacts on the livelihoods of aboriginal peoples, questions on interpretation of international environmental treaties (such as the UNFCC and the Kyoto Protocol) for the most vulnerable regions of the world such as the Arctic, and questions of sovereignty and land claims (including those related to the Inuit Land Claims Agreement, and to potential opening of a North-West Passage). There are needs to strengthen and build policy processes that can facilitate the desire of citizens to contribute to the legislative process, to facilitate the participation and protection of the interests of Northern aboriginal communities, to incorporate aboriginal traditional knowledge and culture into the development of political strategies and legal drafting, and to establish transparent and appropriate dispute resolution mechanisms.

This project seeks to meet these needs by building a new partnership, and strengthening capacity to work together between national and international legal scholars and researchers, and Inuit organizations, northern communities, university research institutes, industry, and governments. Finally, this project contributes to an overall goal, to ensuring more equitable access to justice, fostering better governance for sustainable development.”