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Nigel Bankes

The Columbia River Treaty between Canada and the United States was concluded in 1961 and entered into force in 1964. The Treaty is recognized as an outstanding example of the cooperative development of an international river basin based upon the idea of sharing the benefits of that cooperation. The Treaty principally addresses two values, flood control and power. The Treaty has no set termination date but either party may give ten years notice as of September 2014 to terminate the power sharing provisions. The flood control provisions change automatically in 2024. However, the Treaty has also been subject to criticism on the grounds that it fails to reflect a broader suite of values, including ecological values. Both parties have been considering their position with respect to possible amendments. This chapter describes the balance struck by the original Treaty and the positions of both parties with respect to possible amendments. Keywords: Chapter 10 (Bankes): Columbia River Treaty, power control, flood control, ecosystem-based function, sharing of benefits, British Columbia

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Nigel Bankes

This chapter examines the extent to which adjacent and opposite coastal States address the risk of accidents in the negotiation and conclusion of maritime delimitation agreements and related agreements such as framework agreements for transboundary oil and gas resources and joint development agreements (JDAs). Most delimitation agreements do not refer to the risk of accidents. Others refer generally to the duty to cooperate with respect to environmental protection while a small number specifically address the risk of pollution. International unitization agreements are principally concerned with technical oil and gas issues rather than environmental concerns although they do frequently provide for consultations with a view to agreeing on uniform safety and construction standards, as well as a rudimentary provision dealing with pollution. The same is largely true of framework agreements. By contrast, at least some JDAs address environmental risks in a comprehensive manner.

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Nigel Bankes and Elizabeth Whitsitt

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Nigel Bankes, Irene Dahl and David L VanderZwaag

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Nigel Bankes, Irene Dahl and David L VanderZwaag

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Aquaculture Law and Policy

Global, Regional and National Perspectives

Edited by Nigel Bankes, Irene Dahl and David L. VanderZwaag

With aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a three-part guide to the complex regulatory landscape. The expert contributors first review the international legal dimensions, including chapters on law of the sea, trade, and access and benefit sharing. Part Two offers regional perspectives, discussing the EU and regional fisheries management organizations. The final part contains eleven case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice.