Law Test Unit 3

• Contract signed by nations

1880s: individuals and groups lobby for the conservation and preservation for unspoiled wilderness areas Example: the Sierra Club

Documents damage of DDT to birds and wildlife DDT goes up the food chain

2011: Rainbow pipeline spill

• school closure, community sickness

• Lubicon never signed a treaty or gave permission to the government to use their land

• violation UNDRIP's prior and informed consent

• guidelines to protect the rights of Indigenous Peoples' Examples: practice and revitalize their traditions and culture not be subjected to forced assimilation or destruction of culture not forcibly removed or relocated

• not legally binding

• Commits nations to respect the civil and political rights of individuals Example: freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial

• Easily forced off of their lands because leaders can be payed off

• Taking off of/out of the land

• Enforced, must be followed, can be held accountable

Interference with land owned by another

Court order to stop/prevent someone from doing something

Interference with use/enjoyment of land due to another's actions Example noise

Interference with a public right Example fishing, navigation polluting waterways, creating health hazards

Act committed without intention for harm, but that can be anticipated to cause harm.

Right of a land owner who borders a lake/river to sue another who interferes with water quality

Legal right to sue

• Conflict of interest

• How can it protect both interests

Free placed in each ton of carbon industries emit

• City planning

• Favouring the pedestrian and public transit

• Reparian rights

• Naneff's speedboat racing would affect water quality

• Awareness in the 60s, action in the 70s

• Provincial

• About preventing and controlling pollution, focuses on activities where risk of spills or polluting is high

• ISSUE: focuses on remedies rather than sustainability

Sets out the responsibilities and procedures for carrying out the environmental assessments of projects which involve federal government decision making

Rights of citizens in regards to their environment Example: to participate in governmental decisions, receive notification

• Regarding Ozone depletion

• Phasing out the use of substances responsible for ozone depletion

• Successful

To sign

Company controlled by a parent company

• "United Nations Framework Convention on Climate Change"

• Countries come together to solve climate crisis

• Oil and Gas lobbyists present

• Oil and gas not present in the final discussion (oil and gas lobbies successful

• Coal not discussed (phased down COP 26)

• Loss and damages fund

• Rich countries responsible for climate change paying poorer countries who are more affected by climate change for damage caused by extreme weather events and slow onset disasters (like glaciers melting)

• livelihoods, homes, food systems and territory irreversibly lost

• loss of culture, identity, sovereignty, human dignity, biodiversity

Rich sending money to help others adapt/reduce impact of climate change Ex limiting development where sea levels might rise

Prevention Example Green energy, water/smokestack treatment

• COP21

• Climate adaptation/mitigation

• Setting goals where COP 27 is about reaching them

• Legal Standards: govern the behaviour of states

• International Regulation: organization, rules, limits

States can use their resources however they want, as long as they don't negatively impact other states or global commons

• Areas beyond state borders Example: international waters, atmosphere, outer space

• Transboundary waters

• Bodies of water shared by two or more countries

• Governed by treaties or customary International law

• States must provide timely and prior notifications Example The Nile flows from Uganda and Ethiopia into Egypt, Aswan Dam

Tradition

Created by treaty, involving two or more nations to work towards a common goal Example UNICEF

• NGOS Example Greenpeace, Oil Lobbies

• Convention on Biological Diversity

• United Nations Convention to Combat Desertification

• United Nations Framework Convention on Climate Change = COP series

• Represent a commitment to co-operation and partnership

• Japan 1997

• International treaty for the reduction of greenhouse gas emissions

• First to set quantifiable and binding targets

• Places a heavier burden on developed nations

• Requires reductions to be made through national measures (law)

• Canada ratifies in 2002 but doesn't sign onto 2011 extension

Gives states time to adjust/implement

Countries that haven't used their allotted emissions units can trade them to other countries

• lacks tangible, specific goals

• rich countries consistently fail to meet goals

• consensus model: never easy

• gets countries together and talking

• holding rich countries accountable

Counties most vulnerable to climate change impacts

V20: developing countries most affected US: Biggest oil and gas producer, big investor G7: richest countries

• Legal name for a country

• Sovereign

• First ever codified international list of human rights

• Reaction to World War 2 and civilian death

• First time "human rights" was used legally

• The Enlightenment: Hobbes and Locke

• 1763: Royal Proclamation: treaty rights

• American Revolution: Declaration and Bill of Rights

• French Revolution: Equality, liberty and community

• Emancipation and Suffragist movements

• Post World War 2 movements

• International norms shouldn't dictate individual state policy: state sovereignty

• Cultural and religious diversity means that there is diversity in codes of right and wrong , which are not also consistent with the UN, which is rooted in Western beliefs

• Differences in cultural norms: example African Charter of Human Rights gives strong voice to community rights.

• Donald Marshall files complaint with UN

• Right to self determination violated at the Constitutional Conferences

• UN doesn't find Canada at fault because a group can't claim a violation of this right which is given to peoples, they aren't a country.

• However, a treaty is between 2 nations, Canada therefore recognizes their distinctness, but still doesn't give them sovereignty.

• No travelling long distances alone

• Covering full faces

• Stopped from government jobs

• University and primary school, no secondary

• 1990s rule: no school over 8, covering completely \n US INVASION

• Opens new pathways, "straying from islamic values" \n US WITHDRAWAL -- August 2021

• Girls school's shut between grade 7 and 12 \n Canada withholding funding: conditional aid

• Masa Amini detained for wearing hijab wrong, died in custody

• Violence at protests, schools raided

• **Iran accepted HR treaties that give them an obligation to protect children's rights