Note that in Hermann, supra note 58, the new capacity of the BC Supreme Court to hear witness testimony by video link was considered worthy of some weight. 79 2845 — the BC order was discontinued when it was realized that the shares were all physically located in an Ontario bank account. 207 Plaintiffs in three of the proceedings were representatives of clans, which were said to be the possessors and occupiers of certain land adjacent to the Ok Tedi River, each of whom is a riparian proprietor by custom or is entitled to the beneficial use of the water in its ordinary state. The World Bank has developed specific environmental standards that are used primarily for providing regulatory-development guidance to developing countries and for evaluating environmental impact reports. Negotiations were suspended in July 1992. Journal of Corporation Law Through our distinctive patented artificial intelligence and IoT sensor technology, we provide government, insurance, agriculture, public safety, fleet management & outdoor event industries with up to 72-hours advance predictive weather data. 130 See Cambior, supra note 38 at para. 1022 [hereinafter Tolofson].

The Network Engineer will be responsible for the architecture, design, implementation, automation and management of the corporate network and related technical…. The result will inevitably be that the application of the foreign law will be informed by implicit premises of Canadian law, resulting perhaps in a hybrid or transnational law. Article 16(1) of the convention limits exclusive jurisdiction for actions dealing with immovables to those proceedings that involve rights in rem or tenancies, thus it does not encompass tort actions brought against polluters. Brownlie notes (at 313) that in the case of substantive or legislative jurisdiction, there is no major distinction between the types of jurisdiction (that is, criminal, civil, or fiscal).

2008. 232 30. Murase further suggests that attempts by international bodies, such as the United Nations and the Organization for Economic Cooperation and Development, to elaborate codes of conduct for TNCs from the perspective of providing environmental protection would have indirect influence on changing the law of state responsibility (at 389). 1992, c. 37 [hereinafter CEAA]. According to

Described as a company-wide process coordinated by the director of environment and research, the process of implementing the environmental management system involves “examining any process or procedure carried out by the company that has, or could have, an environmental impact, as well as all applicable laws and regulations. Despite UCC having contended before an Indian court that it had nothing to do with UCIL, UCC reached a settlement by way of order of the Supreme Court of India under which UCC agreed to pay US $470 million to India in full settlement of all claims, rights, and liabilities related to, and arising out of, the disaster.

In a common law jurisdiction, it may not have been so clear that the applicable law would be that of Guyana — a possibility that will be canvassed later in this article under the heading “Choice of Law.”, 78 See ibid, at 185. Reports 3 at 42–44, paras. 149 197 Industrial Accidents and the Veil of Transnational Corporations, International Responsibility for Environmental Harm, International Law and the Antarctic Treaty System, Transboundary Environmental Interference and the Origin of State Liability. 65 9 92 While the measures chosen by our legislature do no correspond precisely with those chosen by the Congress of the United States, they are sufficiendy similar in nature to defeat the application of the public policy defence.”. 81

This principle is most often of concern in cases involving the ex juris service of defendants but could arise even if service was in juris upon a corporate resident. Thirty-nine countries and the European Community have signed it.

White, supra note 104 at 306. Note however the problems in Friedland, 1996, supranote 129, where both parent and subsidiary companies declare bankruptcy. The Friedland case should be distinguished from Ivey on the basis that it concerned the liability of an individual, rather than a corporate parent, and in light of the context as an ex parte injunction. See Environment Canada Press Release, “New Funding to Implement the New Canadian Environment Protection Act” (September 14, 1999) and Environment Canada Press Release, “The Canadian Environment Protection Act: A Strengthened Act for the New Millennium” (September 14, 1999), available online at .

Murase, Shinya, “Perspectives from International Economic Law on Transnational Environmental Issues” (1995) 253 (July 30, 1999) Eng. Fair Trade and Harmonization, Prerequisites for Free Trade? Sargant, Neil C., “Corporate Groups and the Corporate Veil in Canada: A Penetrating Look at Parent-Subsidiary Relations in the Modern Corporate Enterprise” (1987–8) 17 Courts have filled in the gap by articulating three different liability standards, which Farmer categorizes as the capacity to control standard; the actual participation standard; and the traditional corporate veil piercing standard. £/0.10/1984:8/5), reprinted in 23 I.L.M. Bourrie, supra note 1; and Gallon, supra note 1. Albert v. Fraser Companies Ltd., [1937] 1 D.L.R. Knight, supra note 148. These two subsidiaries work in tandem to provide innovative business solutions designed to minimize operational costs, maximize efficiencies and tackle real-world problems using our artificial intelligence, deep machine learning and proprietary datasets. 1978, c. 819. The result at the Ok Tedi Mine Limited were protests, strikes, and violence, which at various times forced the closure of the mine. Absent from Cohen’s proposals is the important role non-governmental organizations could play in overseeing such an arrangement. In such a case, it may well be that the consequences would be held to constitute the wrong.

Ibid. In addition, the act meets Canada’s international obligations in connection with, among others, the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, and provides authority to regulate or require pollution prevention plans for Canadian sources of international air and water pollution where another Canadian government is unwilling or unable to deal with the pollution source. 73 This idea was the subject of comment by the English Court of Appeal in Lubbe, supra note 17, where the court stated: “[T]he issue of whether a duty of care was owed by the defendant, may be governed by English law, even if the other factors making up the alleged tort of negligence are governed by South African law: the kind of hybrid situation envisaged by Dicey and Morris’ Rule 203(2).”. Cambior appoints four of six members of Omai’s board. These are prepared by the prospective borrower, often with World Bank staff assistance, and include a lengthy series of consultations, public comment periods, and reviews.

2, D.II.4.2. See Cohen, supra note 149 at 156. 196 Fines may in some cases be disposed of to complainants or prosecutors. 233 See White, supra note 104 at 308. Simao, Paul, “Canadian Mine Denies Reported Kyrgyzstan Cyanide Poisonings” (28 May 1998) Journal of Commerce 8A [Lexis]. 150 255 Marie litigation was whether a municipality could be held liable under s. 32(1) of the Ontario Water Resources Act, R.S.O. Man. ), which provides incentives for adequately capitalizing subsidiaries. 9266 (13 August 1997). See, for example, the United Nations ECOSOC Draft Code of Conduct on Transnational Corporations, which provides for “environmental protection” in paragraphs 41 to 43 (UN Doc. [hereinafter Friedland, 1996]. See also all three cases referred to in note 28, which concern the discussion of “directing mind and will” theory in Canadian law. Murase, supra note 10 at 387–89, citing, among others, Convention on the Protection of the Marine Environment of the Baltic Sea Area, Helsinki, March 22, 1974, 13 I.L.M. at 158. According to one version, the doctrine is a conflict of laws rule, and the recognition of a foreign act of state is understood as an application of foreign law, thereby resurrecting various exceptions such as the public policy doctrine.

Ibid. The analysis in Amchem was in the context of an application for an antisuit injunction. 113



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