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171. Conflict Zones, Israel and Diaspora Perspectives in Canadian Foreign Policy

Author:
Aya Al-Shachli, Ramina Ghassemi, and Areej Rashid
Publication Date:
09-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
While Canadian Jewish community organizations are actively engaged in lobbying the Canadian government on its foreign policy with Israel and Palestine, it is not at all clear that the perspectives of the Jewish-Israeli diaspora that have emigrated from this conflict zone have been considered. The absence of diaspora voices from the region seems a missed opportunity for the development of a more comprehensive foreign policy position.
Topic:
Conflict Resolution, Foreign Policy, Political Violence, Ethnic Conflict, and Diaspora
Political Geography:
Canada, Israel, and Palestine

172. Geopolitics at the World's Pivot: Exploring Central Asia's Security Challenges

Author:
Jacqueline Lopour
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This paper introduces Central Asia’s geopolitical significance and explores several inter-related security challenges. For each security issue, this paper provides a brief overview of the issue, explains why or how it developed and looks at the issue’s significance within the broader security environment. The paper then turns to Canada’s role in Central Asia and addresses opportunities to expand engagement in the security realm.
Topic:
Security, International Security, Bilateral Relations, Governance, and Geopolitics
Political Geography:
Central Asia and Canada

173. Investor-State Arbitration Between Developed Democratic Countries

Author:
Armand de Mestral
Publication Date:
09-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Investor-state arbitration (ISA), also known as Investor-State Dispute Settlement (ISDS), by which a foreign investor is entitled to sue a state for damages resulting from the alleged violation of an applicable bilateral investment treaty or an investment chapter in a regional trade agreement, has come under scrutiny in many parts of the world. But in no countries has it been subject to greater scrutiny and challenge than in developed democracies. First in Canada and the United States as a result of the adoption of NAFTA Chapter 11, subsequently in the European Union as a result of the adoption of the International Energy Charter, and latterly in other countries such as Australia, critics have alleged that ISA grants an undue privilege to foreign investors whose complaints should be heard by domestic courts instead of panels of international arbitrators. Availability of ISA is in fact worldwide, due to a network of more than 3,200 investment treaties; criticisms have been voiced in different parts of the world and various proposals for change have been made. The criticisms in developed democracies have become sufficiently strong for it to be necessary to raise the question of whether recourse to ISA is appropriate in any form in developed democracies. Armand de Mestral’s paper is the first in the Investor-State Arbitration project. The series of papers will be prepared by leading experts from a number of developed democracies. Each will review the experience of ISA within specific jurisdictions, with a view to understanding the debates that have occurred in each one. The focus of the debate is on developed democracies, but the implications for the whole international community are very much in mind.
Topic:
Development, Energy Policy, Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, and Democracy
Political Geography:
United States and Canada

174. Submission to Ontario’s Climate Change Discussion Paper 2015

Author:
Oonagh Fitzgerald, Karima Bawa, David Estrin, Kent Howe, Dean MacDougall, Myra J. Tawfik, Basil Ugochukwu, and Bassem Awad
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The International Law Research Program (ILRP) of the Centre for International Governance Innovation (CIGI) congratulates the Province of Ontario’s Ministry of the Environment and Climate Change for launching a province-wide public consultation process — Ontario’s Climate Change Discussion Paper 2015 — in relation to an issue of global importance and urgency for Ontarians and Canadians alike, at a time when nations need to galvanize their subnationals, climate experts, civil society, business and industry to commit to intended nationally determined contributions (INDCs) to reduce carbon emissions and mitigate the effects of climate change. The CIGI ILRP is optimistic that through this provincial consultation process and implementation of the best ideas it generates, as well as through Ontario’s initiatives undertaken in collaboration with other provinces and foreign subnationals, Canadians will be able to prove to the world our commitment to make a meaningful contribution to achieving an ambitious, verifiable and enforceable international agreement on climate change in December 2015 in Paris. By proactively addressing climate change now, the Government of Ontario positions this province, its citizens, universities and businesses to be innovators for sustainable prosperity rather than victims of global environmental and economic crisis.
Topic:
Civil Society, Climate Change, Economics, Energy Policy, Environment, Markets, and Natural Resources
Political Geography:
Canada

175. Maritime Non-state Actors: A Challenge for the Royal Canadian Navy?

Author:
David Rudd
Publication Date:
12-2015
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
Global security and prosperity depends in part on good order at sea, with its attendant flow of licit maritime commerce. While challenges to that order have existed since the earliest sea-farers, new players have emerged in recent decades that inhibit the ability of nation-states to regulate domestic and international maritime activity. This paper is intended to provide a brief exploration of the nature of maritime non-state actors (MNSAs) and the challenge they pose to national and international maritime security. It will examine the types and motivations of MNSAs and identify some of the ways in which a navy may interact with them. In doing so it will help to shape decision-making on how allied navies in general and the Royal Canadian Navy (RCN) in particular might theoretically align their capability-development efforts with these trends. As the paper is intended to be an overview of a complex and evolving phenomenon, it proceeds from the premise that the strategic/policy, doctrinal, and tactical questions raised herein will require more study.
Topic:
Military Strategy, Non State Actors, Navy, and Maritime
Political Geography:
Canada and North America

176. A Useful Pause in Arctic Drilling

Author:
Bruce M. Everett
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Until last year, drilling for oil in the Arctic was the subject of considerable discussion focused not only on the potential impacts of Arctic resources on the oil market, but also on the environmental and geopolitical implications of opening this area to development. Prospects for Arctic drilling dimmed considerably in 2015 when Shell decided to abandon its ambitious drilling efforts in the Burger Field in the Chukchi Sea, writing off several billion dollars in the process. The recent collapse in oil prices has probably put a stop to Arctic drilling for the time being, and this pause may prove useful in resolving some of the outstanding issues.
Topic:
Environment, Oil, Natural Resources, Geopolitics, and Maritime
Political Geography:
Russia, Canada, Norway, Denmark, Greenland, Arctic, United States of America, and Oceans

177. The Arctic Council Leadership Merry-go-round: Words of Advice as the United States Assumes the Arctic Council Chairmanship

Author:
Jennifer Spence
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
In April 2015, Canada will hand the chairmanship of the Arctic Council to the United States. As the chair, the United States will have an opportunity to shape the priorities of the Arctic Council for the next two years and communicate its vision for the future of the circumpolar region. In anticipation of acquiring this leadership role, the United States first provided a sense of its vision for the chairmanship on September 30, 2014 in Washington, DC, during the Passing the Arctic Council Torch conference supported by the Center for Strategic and International Studies and the Centre for International Governance Innovation.
Political Geography:
United States, Washington, and Canada

178. The Risk of OTC Derivatives: Canadian Lessons for Europe and the G20

Author:
Chiara Oldan
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Over-the-counter (OTC) derivatives played an important role in the buildup of systemic risk in financial markets before 2007 and in spreading volatility throughout global financial markets during the crisis. In recognition of the financial and economic benefits of derivatives products, the Group of Twenty (G20), under the auspices of the Financial Stability Board (FSB), moved to regulate the use of OTC derivatives. Although a number of scholars have drawn attention to the detrimental effects of the United States and the European Union (EU) to coordinate OTC reform, this overlooks an important aspect of the post-crisis process: the exemption of non-financial operators from OTC derivative regulatory requirements. Critically, they remain exempt under existing legislation regardless of the risks they continue to pose through unreported trades and counterparty risks to financial firms; there is still uncertainty around the pricing of derivatives (i.e., model risk) for non-financial operators that could pose a risk to the financial system. Nevertheless, the lack of coordination between the United States and European Union is detrimental for consistency and coherence among financial sectors. These, and similar inconsistencies in financial regulation, pose risks of conflict and fragmentation that should soon be addressed by the G20. The paper concludes by discussing what lessons can be learned from Canada, after it successfully avoided the worst of the crisis and contained the systemic risks posed by OTC derivatives before and after it.
Political Geography:
United States, Europe, and Canada

179. Canada's Coming Property Insurance Crisis

Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In many areas across Canada, climate change will erode the conditions necessary for property insurance to remain available and affordable. This policy brief looks at the challenges facing the insurance system and presents policy recommendations aimed at sustaining and maximizing the insurance system and its benefits.
Topic:
Climate Change
Political Geography:
Canada

180. Settler-State Political Theory, 'CANZUS' and the UN Declaration on the Rights of Indigenous Peoples

Author:
Kirsty Gover
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
Topic:
Human Rights, International Law, United Nations, and Governance
Political Geography:
Europe, Canada, United Nations, Australia, New Zealand, and United States of America