This chapter provides general observations on Canada’s legal system and then considers the more specific rules relating to petroleum licences. After some brief comments on private petroleum and natural gas leases the balance of the chapter focuses on the petroleum licensing regime for offshore Newfoundland. The chapter canvasses the elements of the licensing scheme, licence cancellation issues, changes to the licensing regime over time and the legal character of the licence within this regime.
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.
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
Professor Nigel Bankes analyses how international courts and tribunals have interpreted the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) dealing with legislative and enforcement jurisdiction of coastal states concerning fisheries in the exclusive economic zone. In focus is the contribution of the case law to open-textured and broadly drawn provisions, including Articles 61 and 62 of UNCLOS relating to the conservation and utilization of marine living resources.