CISDL COLLABORATIVE PUBLICATIONS LIST

Books

Book Chapters and Manuals

Journal Articles

Commissioned Reports

Legal Briefs and Working Papers

2007-2008 Projected CISDL Publications

Legal Briefs & Working Papers*

2007 Legal Briefs & Working Papers

Launch of the new CISDL Legal Working Paper Series on Climate Change Law and Policy: December 2007. The CISDL will be launching a new Legal Working Paper Series on Climate Change Law and Policy at the United Nations Climate Change Conference in Bali, Indonesia. The following titles will be circulated for review:

Climate Change Litigation in the United States of America, by Courtney Blodgett. The author provides an insightful review of litigation resulting from the lack of implementation of regulations by the U.S. government concerning climate change and the reduction of greenhouse gases.

Links between European Emissions Trading and CDM Credits for Renewable Energy and Energy Efficiency Projects, by David M. Driesen. Will the European Emissions Trading Scheme (ETS) stimulate energy efficiency and use of renewable energy in developing countries through the Clean Development Mechanism (CDM)?  This paper addresses this question as a means of critically examining the relationship between the Kyoto mechanisms and sustainable development.

Climate Change and Subsidiarity: Advantages and Challenges for the Implementation of Climate Change Agreements in Federal Systems, by Markus Gehring. The implementation of climate change law and policy in federal systems is seen by many as a major challenge. This paper analyses the scope of challenges but also the often forgotten advantages of federal systems in addressing climate change.

Igloo as Icon: A Human Rights Approach to Climate Change for the Inuit?, by Jessie Hohmann. This paper examines the implications for the Canadian Inuit in employing a human rights approach through the right to housing, to respond to climate change in the North.

Does TRIPS Facilitate or Impede Climate Change Technology Transfer into Developing Countries?, by Cameron Hutchison. This paper offers an overview of the international legal regime for technology transfer under the climate change and TRIPS regimes, ultimately focusing on the important issue of whether TRIPS allows compulsory licensing in cases where a patent holder refuses to license in an export market.

Canadian Inuit Speak to Climate Change: Inuit Perceptions on the Adaptability of Land Claims Agreements to Accommodate Environmental Change, by Konstantia Koutouki & Natasha Lyons. Integrating case studies, the legal and anthropological perspectives of the authors, and the expertise of Inuit collaborators from three Arctic regions, this paper provides a broad perspective on how the Inuit perceive the relationship between climate change adaptation and land claims agreements.

Climate Change and the Security Council: A Preliminary Framework for Implementing Remedial Measures Through Chapter VII of the UN Charter, by Christopher K. Penny. This paper explores institutional mechanisms available to the Security Council to combat climate change, building upon arguments that the application of Chapter VII enforcement measures to address this threat falls within its jurisdiction as established in the UN Charter.

Compensated Reduction: Rewarding the Role of Forests in Climate Protection, by Annie Petsonk. This paper outlines legal options for integrating forest protection into the global carbon market.

Clean Development Mechanisms’ Implications for the Korean Electricity Sector and a Proposal of “Less Strict Approach”, by Sangmin Shim. This paper uses the Korean electricity sector to highlight developing countries’ economic concerns relating to CDM projects, illustrating not only the CDM’s potentials for more climate-friendly sectoral restructuring, but also its deficiency to ensure enthusiastic responses from advanced developing countries.

Emission Trading and the Kyoto Protocol: Not a Panacea but a Good Start, by Moin A. Yahya. This paper addresses fundamental challenges facing the Kyoto Protocol and suggests that emissions trading can assist in creating a culture of compliance among nations and firms, encourage developing countries to join the protocol, encourage research and development into technologies that will lower emissions, and encourage the transfer of technology to developing countries.

Khoday, K. "Law, Development and Social Equity in Asia: A Comparative Analysis of Land Law as a Tool for Legal Empowerment of the Poor in India and China", Tsinghua University Working Paper, Beijing (2007).

Khoday, K. "The Nomos of the Earth: Applying Complexity Theory to the Challenge of Integrated Legal Responses to Global Environmental Change" Tsinghua University Working Paper, Beijing (2007).

2005 - 2006 Legal Briefs & Working Papers

‘Canadian Securities Regulators Mandate Corporate Environmental and Social Reporting’, M. Kerr & O. Aboubakr, CISDL Legal Brief (2005).

‘Recent Innovations in Biosafety Law’, M. Endicott, C. Frison & K. Garforth, with contributions from M.C. Cordonier Segger, S. Manga & J. Cabrera, CISDL Working Paper (2005).

‘The International Treaty on Plant Genetic Resources in Food and Agriculture from the Perspective of the Principles of International Law Related to Sustainable Development’, C. Frison, CISDL Working Paper (Brussels: CISDL, 2005).

‘Specific issues/concerns of the Multilateral System of access and benefit-sharing in the International Treaty on Plant Genetic Resources for Food and Agriculture’, C. Frison, CISDL Legal Brief, (provisional title, Brussels: September/October, 2005).

2003 – 2004 Legal Briefs & Working Papers

‘Who Owns Water? Recent Developments in International Sustainable Development Law on Access to Water and Human Rights’ S. Atapattu, CISDL Legal Brief for the United Nations Commission on Sustainable Development, 12th Session (New York: April, 2004).

‘When the WHO Meets the WTO: The World Health Organization Framework Convention on Tobacco Control for the World Health Assembly’ M. Prabhu, CISDL Legal Brief (New York: March, 2004)

‘Legal Strategies to Promote Corporate Social Responsibility and Accountability: A Pre-requisite of Sustainable Development’ M. Kerr & M.C. Cordonier Segger, CISDL Legal Brief (Montreal: March, 2004)

‘Sustainable Biodiversity Law: Global Access, Local Benefits’, K. Garforth and J. Cabrera, CISDL CISDL Legal Research Paper (Montreal: December 2003).  Online: www.cisdl.org.

‘Drylands, Degradation & Land Tenure Reform: New Challenges for Decision-Makers in the UN Desertification Convention’ M.C. Cordonier Segger, C. Huggins & P. Dobie, CISDL Legal Brief for the UNDP Challenge Paper on Land Tenure Reform presented in the UNDP – CISDL – ACTS Experts Panel at the Conference of the Parties to the UN Convention to Combat Drought and Desertification (Havana: Sept, 2003).

‘When Biosafety Becomes Binding’ K.Garforth, M.C. Cordonier Segger, J. Cabrera and Erie Tamale (UN CBD Secretariat), CISDL Legal Brief for the ‘When Biosafety Becomes Binding: Experts Panel Event to Mark the Entry Into Force of the Cartagena Protocol on Biosafety’ at the McGill Faculty of Law (Montreal: Sept, 2003) http://www.cisdl.org

‘Working Paper: Sustainable Competition Law’ M. Gehring and M.C. Cordonier Segger, CISDL Working Paper for the ‘Competition Law and Sustainable Development’ Legal Experts Panel Event at the WTO 5th Ministerial Conference (Cancun: Sept, 2003) http://www.cisdl.org

‘Sustainable Competition Law’ M. Gehring and M.C. Cordonier Segger, CISDL Legal Brief for the ‘Competition Law and Sustainable Development’ Legal Experts Panel Event at the WTO 5th Ministerial Conference (Cancun: Sept, 2003) http://www.cisdl.org

‘Sustainable Developments in WTO Law and ‘Jurisprudence’ ‘ M. Gehring and M.C. Cordonier Segger, CISDL Legal Brief for the ‘Sustainable Developments in WTO Law and ‘Jurisprudence’’ Legal Experts Panel Event at the WTO 5th Ministerial Conference (Cancun: Sept, 2003) http://www.cisdl.org

‘Counting Credits: Emissions Reduction Registries as a First Step toward Climate Change Regimes in North America?’ M. Gehring, CISDL Working Paper on state emission registries in the US, the registry in the UK emission trading scheme and the registry for the new EU emission trading directive (Washington: June, 2003).

‘A New Regime on Access to Genetic Resources and Benefit-Sharing?’ K. Garforth, M. Toering and H. Suthan, CISDL Legal Brief for Academic Workshop (Montreal: March, 2003).  Online: http://www.cisdl.org

‘Advancing the Odious Debt Doctrine’ A. Khalfan, J. King and B. Thomas, CISDL Working Paper
(New York: March 2003), http://www.cisdl.org/debtentire

‘Precaution in World Trade Law: The Precautionary Principle and its Implications for the World Trade Organisation’ M. Gehring, and M.C. Cordonier Segger, CISDL Research Paper (Montreal: Feb, 2003).  http://www.cisdl.org

‘International Legal Obligations and Sustainable Climate Change Law in Canada’ L. Carlsson, H. Olivas, A. Khalfan, M.C. Cordonier Segger and M. Gehring, CISDL Legal Brief for the consideration of the ratification and implementation of the Kyoto Protocol in Canada (Montreal: Nov, 2002) http://www.cisdl.org/pdf/brief_climate.pdf

‘The Principle of Common but Differentiated Responsibilities: Origins and Scope’ with S. Nakjavani and W. Tymowski, for the World Summit on Sustainable Development (Johannesburg: Aug, 2002) available online

‘Human Rights and International Sustainable Development Law’ A. Khalfan & M.C. Cordonier Segger, CISDL Legal Brief for the third Preparatory Commission of the World Summit on Sustainable Development) (Geneva: March, 2002) available online

‘International Human Rights Obligations and Levels of Financing for Development’ A. Khalfan, M.C. Cordonier Segger, CISDL Legal Brief for the International Conference on Financing for Development (Monterrey: Feb, 2002) available online

‘Strengthening Environmental Governance & Law for Global Sustainable Development’, M.C. Cordonier Segger & A. Khalfan, Legal Brief for the IV Meeting of the Open-ended Intergovernmental Group of Ministers or their Representatives on International Environmental Governance (Montreal: Dec, 2001). available online: http://www.cisdl.org

‘The WTO in International Sustainable Development Law’, M. Gehring, M.C. Cordonier Segger & M. Prost, Legal Brief for the IV Ministerial Meeting of the World Trade Organisation in Doha, Qatar (Doha: Nov, 2001) available online

‘Sustainability through Process for WTO Law’, A. Marong, M. Gehring & M.C. Cordonier Segger, Legal Brief for the IV Ministerial Meeting of the World Trade Organisation in Doha Qatar (Doha: Nov, 2001), available online

‘Precaution in International Sustainable Development Law’ M. Gehring & M.C. Cordonier Segger, CISDL Legal Brief for the Preparatory Committee Process for the World Summit on Sustainable Development (Geneva: August, 2001) available online

‘International Sustainable Development Law: Principles, Practices & Prospects’, M.C. Cordonier Segger and A. Khalfan, Legal Brief for the Preparatory Committee Process for the World Summit on Sustainable Development (New York: February, 2002).  Online: http://www.cisdl.org

Selected Legal Briefs & Working Papers*

“Canadian Securities Regulators Introduce Mandatory Corporate Environmental and Social Disclosure,” M. Kerr &O. Aboubakr, CISDL Legal Brief (Montreal: April, 2005)

“The Principle of Integration and Interrelationship, In Particular In Relation To Human Rights and Social, Economic and Environmental Objectives: Recent Developments in International Law Related to Sustainable Development,” Carinne Hébert-Sabourin & Sébastien Jodoin, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Duty of States to Ensure Sustainable Use of Natural Resources: Recent Developments in International Law Related to Sustainable Development” K. Bottriel, reviewed by D. French, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Equity and the Eradication of Poverty: Recent Developments in International Law Related to Sustainable Development,” J. Hepburn, reviewed by A. Khalfan, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Common but Differentiated Responsibilities: Recent Developments in International Law Related to Sustainable Development,” I. Ahmad, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of the Precautionary Approach to Human Health, Natural Resources and Ecosystems: Recent Developments in International Law Related to Sustainable Development,” J. Hepburn, reviewed by M.W. Gehring & M.C. Cordonier Segger, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Public Participation and Access to Information and Justice: Recent Developments in International Law Related to Sustainable Development,” A. M. Loong, reviewed by M.C. Cordonier Segger, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Good Governance: Recent Developments in International Law Related to Sustainable Development,” N. Chowdhury, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

Dr. Peggy J. Blair, "Book Note," Commercial Law and Human Rights edited by Stephen Bottomley and David Kinley, ( Burlington, VT: Ashgate, 2001) in Human Rights and Human Welfare: An International Review of Books and Other Publications, University of Denver, March, 2005 http://www.du.edu/gsis/hrhw/booknotes/index.html

Dr. Peggy J. Blair, Rights of Aboriginal Women On and Off-Reserve, (Vancouver: The Scow Institute, October, 2005) http://www.scowinstitute.ca/documents/RPRightsofWomen.pdf

Dr. Peggy J. Blair, The Non-Protection of Aboriginal Heritage (Burial Sites and Artifacts), (Vancouver: The Scow Foundation, October 2005) http://www.scowinstitute.ca/documents/HeritageSitesFacts.pdf

* Not peer reviewed.