scholarly journals Situation du partage des compétences législatives en matière de ressources naturelles au Canada

2005 ◽  
Vol 18 (2-3) ◽  
pp. 471-536
Author(s):  
Gil Rémillard

With respect to the public domain, the British North America Actof 1867 established a division of authority which is relatively simple in principle: residuary interest in property belongs to the Provinces while the Federal authority has no more than the power of exception. From this principle which is derived principally from article 109 of the 1867 Act, we can say that the Provinces have authority to legislate on questions affecting natural resources. However, the Canadian Parliament can also legislate on questions affecting natural resources. This is derived from either express authority granted it or from implied authority. In effect, the majority of the authority which permits the Canadian Parliament to legislate in matters affecting natural resources is derived either directly or indirectly from the application of its trenching power. The introductory clause of article 91 of the 1867 Act is an important source of the Federal authority over natural resources. Through the application of the national dimension theory, Ottawa has assumed control over atomic energy, off-store mineral resources, water management, and the expropriation of provincial lands. Moreover, through the application of emergency powers, Parliament could eventually legislate on a considerable number of subjects related to natural resources. Also, a number of the Federal Government's enumerated powers permit the control authority to legislate on questions of natural resources. The principle examples of this are its authority over the public debt and property, commerce, taxation, navigation, fisheries, Indians, the authority granted it by article 92(10c), and article 108 of the 1867 Act. One must thus conclude that by judicial interpretation, the Federal government has gained concurrent authority over natural resources through the application of the principle of Federal preponderance in case of conflict.

2021 ◽  
Vol 2021 ◽  
pp. 162-184
Author(s):  
Joel Immanuel Matonga

The extractives industry is crucial to Africa’s economy. Mineral resources play an important role in the economic growth of many nations on the continent. The extraction of mineral resources is done by mining companies, most of which are transnational corporations (TNCs). The manner in which these mining TNCs handle waste from the mining process is usually not environmentally friendly, resulting in serious damage to the sustainability of natural resources such as land, water and the ecosystem at large. The states in which these TNCs operate fail to regulate the activities of the TNCs for a number of reasons. Apart from political factors, such reasons include a lack of strong domestic and international laws to address environmental pollution by mining TNCs. The public trust doctrine (PTD) has been celebrated as the ultimate environmental protection tool. Its ability to conform to changing public interests is evidenced by its development. Traditionally, the PTD’s original trustee was the sovereign state. However, this paper will argue that the rise of TNCs – particularly mining TNCs – in Africa has led to the transfer of public roles from the state to the mining TNCs. The conduct of these TNCs has resulted in huge environmental damage on the continent. There is therefore a need for a paradigm shift in environmental law by imposing the PTD on such TNCs. This paper argues that, bearing in mind the fundamental dynamics of the relationship between mining TNCs and the countries in which they operate on the continent, these TNCs have emerged as the dominant governance institutions. The largest of them reaches virtually every country of the world and exceeds most governments in size and power. As a result, the corporate interest rather than the human interest defines the policy agendas of states and international bodies, including the policy agendas and processes of environmental protection. Invariably, TNCs have assumed some of the crucial public roles that were historically the basis for the sovereign state to be the trustee of natural resources. This paper therefore examines the PTD as a legal phenomenon and isolates the concepts that make it an effective legal environmental protection tool on the African continent. It then discusses the characteristics that make the sovereign state an ‘automatic’ trustee of the PTD. The paper then identifies the emerging characteristics of mining TNCs and considers the justifications for advocating the use of the PTD on the international law platform to hold these TNCs accountable for environmental damage on the continent. L’industrie extractive est cruciale pour l’économie de l’Afrique. Les ressources minérales jouent un rôle important pour le développement de beaucoup de pays sur le continent. L’extraction des ressources minérales se fait par des compagnies minières dont la plupart sont des sociétés multinationales (SMs). La manière avec laquelle ces sociétés minières SMs manipulent les résidus miniers n’est très souvent pas respectueux de l’environnement, entraînant ainsi de graves dommages quant à la durabilité des ressources naturelles telle que la terre, l’eau et de manière générale l’écosystème. Les États dans lesquels ces SMs opèrent, sont incapable pour diverses raisons de réguler les activités des SMs. Hormis les facteurs politiques, ces raisons incluent une carence de lois nationales et internationales qui adressent de façons efficaces la pollution de l’environnement by les sociétés minières SMs. La doctrine de la confiance publique (DCP) a été célébrée comme l’ultime arsenal de protection de l’environnement. Sa capacité de s’adapter au changement des intérêts du public justifie son essor. Traditionnellement, la souveraineté de l’État était le garant de la DCP. Cet article soutient toutefois que la montée des SMs – sociétés minières SMs en particulier- en Afrique a donné lieu à un transfert des rôles publics de l’État aux sociétés minières SMs. L’action de ces SMs a conduit à un désastre environnemental sur le continent. Il y a donc une nécessité d’un changement de la loi sur l’environnement en imposant la DCP aux SMs. Cet article argumente que considérant les dynamiques fondamentales de la relation entre les sociétés minières SMs et les pays dans lesquels elles opèrent sur le continent, ces SMs ont émergé comme des institutions de gouvernance dominantes. La plus grande d’entre elles sont pratiquement dans tous les pays du monde et dépassent la plupart des gouvernements en grandeur et puissance. De ce fait, l’agenda politique des États et les agences internationales incluant les agendas politiques et les processus de protection de l’environnement sont définis par les intérêt de l’entreprise et non l’intérêt humain. Invariablement, les SMs ont assumé certains des rôles publics cruciaux qui jadis étaient dévolus à l’État souverain comme gardien/garant des ressources naturelles. Cet article examine donc les SMs comme un phénomène juridique en dissociant les concepts qui font d’elles un outil juridique de protection de l’environnement sur le continent africain. Il examine ensuite les caractéristiques qui font de l’État souverain un gardien/garant « automatique » de la DCP. Se faisant, l’article identifie les caractéristiques émergeantes des sociétés minières SMs et préconise comme justificatif l’utilisation de la DCP en droit international pour tenir responsables ces SMs des dommages causés sur l’environnement sur le continent.


2021 ◽  
pp. 201-230
Author(s):  
Gregory Ablavsky

In 1796, the Southwest Territory became the first U.S. territory to become a state, joining the union as Tennessee. This new state promptly used its newfound status as a sovereign on “equal footing” with existing states to challenge the persistence of federal authority, especially over land and Indian affairs. A series of collisions followed: over ownership of the public domain; over William Blount’s odd scheme to use his supposed influence in Indian country to challenge federal power; and, above all, over the federal government’s attempt to survey the boundary of the Cherokee Nation, which threatened to dispossess white land claimants. Ultimately, the federal government preserved its formal authority even as it gave Tennessee what it wanted—a seemingly Pyrrhic victory that had important precedential consequences. In particular, when part of the Northwest Territory sought to become the new state of Ohio in 1802, the federal government sought to protect its authority. Most importantly, it decided for the first time to attach conditions to the new state’s admission that guaranteed federal land ownership, a practice that quickly became a constitutional norm; the new state also tacitly accepted continued federal authority over the state’s Native peoples. The result was that the federal government’s power to adjudicate property and jurisdictional conflicts survived despite state challenge; in the process, the federal government ironically became the most visible defender of the earlier, multipolar order against these states’ assaults.


2017 ◽  
Vol 86 (1) ◽  
pp. 50-83 ◽  
Author(s):  
Sarah K.M. Rodriguez

Between 1820 and 1827 approximately 1,800 U.S. citizens immigrated to northern Mexico as part of that country’s empresario program, in which the federal government granted foreigners land if they promised to develop and secure the region. Historians have long argued that these settlers, traditionally seen as the vanguard of Manifest Destiny, were attracted to Mexico for its cheap land and rich natural resources. Such interpretations have lent a tone of inevitability to events like the Texas Revolution. This article argues that the early members of these groups were attracted to Mexico for chiefly political reasons. At a time when the United States appeared to be turning away from its commitment to a weak federal government, Mexico was establishing itself on a constitution that insured local sovereignty and autonomy. Thus, the Texas Revolution was far from the result of two irreconcilable peoples and cultures. Moreover, the role that these settlers played in the United States’ acquisition of not just Texas, but ultimately half of Mexico’s national territory, was more paradoxical than inevitable.


2020 ◽  
Vol 24 (1) ◽  
pp. 33-46
Author(s):  
Keon Artis ◽  
Seung Hyun Lee

Volunteers are considered a core component of special events and they have proved to be an asset to the execution of special events. Although motivations of volunteers have received a great deal of attention from many organizations and individuals in the private sector, little research has been done on motivations of volunteers in the public sector, or within the federal government. Therefore, this article identified motivational factors that prompt federal government workers to volunteer at a government-related special event. A survey was used to gather data from a volunteer sample of 263 individuals who had volunteered for public sector special events in recent years. Exploratory factor analysis and t test were employed to establish motivations that stimulate public sector employees to volunteer for special events and further determine the differences in motivation between females and males. The results showed that government workers mostly volunteer for purposive motive and external motive. In addition, gender played significant roles on egotistic and purposive motives. Thus, this research provides a unique theoretical contribution to research in event management by advancing our understanding of the process by which factors associated with motivation can lead to federal government workers volunteering at a government-related special event; subsequently, impacting how event planners and organizers of public sector special events market to and recruit volunteers.


Author(s):  
Yuskar Yuskar

Good governance is a ware to create an efficient, effective and accountable government by keeping a balanced interaction well between government, private sector and society role. The implementation of a good governance is aimed to recover the public trust for the government that has been lost for the last several years because of financial, economic and trust crisis further multidimensional crisis. The Misunderstanding concept and unconcerned manner of government in implementing a good governance lately have caused unstability, deviation and injustice for Indonesia society. This paper is a literature study explaining a concept, principles and characteristics of a good governance. Furthermore, it explains the definition, development and utility of an efficient, effective and accountable government in creating a good governance mechanism having a strong impact to the democratic economy and social welfare. It also analyzes the importance of government concern for improving democratic economy suitable with human and natural resources and the culture values of Indonesia.


Author(s):  
William W. Franko ◽  
Christopher Witko

The authors conclude the book by recapping their arguments and empirical results, and discussing the possibilities for the “new economic populism” to promote egalitarian economic outcomes in the face of continuing gridlock and the dominance of Washington, DC’s policymaking institutions by business and the wealthy, and a conservative Republican Party. Many states are actually addressing inequality now, and these policies are working. Admittedly, many states also continue to embrace the policies that have contributed to growing inequality, such as tax cuts for the wealthy or attempting to weaken labor unions. But as the public grows more concerned about inequality, the authors argue, policies that help to address these income disparities will become more popular, and policies that exacerbate inequality will become less so. Over time, if history is a guide, more egalitarian policies will spread across the states, and ultimately to the federal government.


2021 ◽  
Vol 13 (3) ◽  
pp. 1067
Author(s):  
Marek Szturo ◽  
Bogdan Włodarczyk ◽  
Alberto Burchi ◽  
Ireneusz Miciuła ◽  
Karolina Szturo

Natural resources play a significant role in the development of the global economy. This refers, in particular, to strategic fuel and mineral resources. Due to the limited supply of natural resources and the lack of substitutes for most of the key resources in the world, the competition for the access to strategic resources is a feature of the global economy. It would seem that the countries which are rich in resources, because of this huge demand, enjoy spectacular economic prosperity. However, the results of empirical studies have demonstrated what is known as the ‘resource curse’. This article concentrates on the characteristics of the paradox of plenty, and in particular on the possibilities of preventing this phenomenon. The aim of this article is to identify the measures of economic policy with which to counteract the resource curse, based on the relationship between the state and the extraction business. Upon the critical analysis of the relevant literature, we concluded that the state’s economic policy, implemented in cooperation with the extraction business, is increasingly important for the prevention of the resource curse. In the context of the resource curse, the optimal and most consensual instrument, in comparison with other resource sharing agreements, is a production sharing agreement (PSA), which should also be adjusted to the current local economic conditions in a given country.


PEDIATRICS ◽  
1949 ◽  
Vol 3 (2) ◽  
pp. 234-241
Author(s):  
PAUL HARPER

THE editors of the column thought it would be interesting to learn the ideas and possible plans in the minds of teachers of pediatrics, if increased funds became available to the medical schools from either the A.M.A. or the federal government, for the improvement and perhaps extension of medical education. Dr. James L. Wilson, Dr. Harry H. Gordon, and Dr. Sidney S. Chipman and Dr. Myron E. Wegman, the latter two writing as joint authors, have been kind enough to comply with our request. The readers of the column will find Dr. Wilson's letter of particular interest, both because it contains a sharp arraignment of the teaching of medical schools in the habit of today, and gives corresponding constructive suggestions for change.


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