Browsing by Author "Stewart, Fenner L."

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    Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts
    (2018-03-29) Karimi, Sahar; Oshionebo, Evaristus; Stewart, Fenner L.; Ukpabi, Chukwa
    Determination of the applicable law in upstream oil and gas contracts plays an important role with regards to the parties’ rights and liabilities. There are various approaches regarding the choice of applicable law and different theories have been expressed relating to choice-of-law provisions. This research explores one of these theories called Dépeçage in private international law and conflict of law. The theory of Dépeçage is a concept in private international law that refers to the process of cutting a case into individual issues whereby each issue is constrained to a different applicable choice-of-law analysis. In other words, the theory of Dépeçage is the application of different laws to various legal issues arising from a dispute. The theory was first applied in Tort law and specifically aviation litigation. This research shows that there is an opportunity to gain many advantages by the application of the theory of Dépeçage in upstream oil and gas contracts. However, adopting this theory ought to be treated with caution due to its disadvantages and the issues it may cause if not applied within a specific framework. Therefore, for appropriate application of Dépeçage, upstream oil and gas contracts must meet certain criteria such as protecting parties’ justified expectations, and maintaining parties’ interests. Also, this theory should not be applied in cases where it would lead to dissatisfaction of the contracting parties, destruction of legislative intention, or invalidation of a contract. Moreover, the applicable law that has the greatest concern for each issue must be applied to effectuate the purpose of each of the applied rules. In other words, choice-of-law values are significant principles for the application of Dépeçage. Lastly, judges and arbitrators must provide criteria and legal reasons for the application of Dépeçage in upstream oil and gas contracts during the dispute resolution process.
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    Book Review - Leasing Oil and Gas Interests: A Plain Language Account
    (Canadian Institute of Resources Law, 2015-03) Stewart, Fenner L.
    Mineral Land Rights: What You Need To Know is a 127-page book broken into 10 short chapters; it can be read, with ease, in a couple of hours. The genius of this work is that anyone who has even basic reading skills can understand the content of her text … with the exception of possibly Chapter 3, entitled Mineral Land Ownership. It would be a stretch to compare Ms. Louie’s prose to that of Alistair MacLeod’s, but both share the capacity to decode complex ideas into simple, direct language.1 In fact, the book reads as though she was explaining the nuances of the oil and gas industry to you over a cup of coffee at the local Tim Hortons.
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    Climate Change in the Canadian Impact Assessment Process
    (2020-09-10) Ajayi, Adewale Oluwapelumi; Stewart, Fenner L.; Wright, David W.; Ingelson, Allan; Oshionebo, Evaristus
    This thesis examines how climate change, particularly upstream and downstream greenhouse gas emissions (GHGs), have been considered in Canadian environmental impact assessment (EIA) of energy projects. The legal and policy framework on EIA for energy projects has evolved, and the recent transition from the Canadian Environmental Assessment Act 2012 (CEAA 2012) regime to the Impact Assessment Act (IAA) is the most recent change. Although the CEAA 2012 and the IAA share similarities, they have different requirements with respect to GHG emissions. One of the major differences is that the IAA makes climate change considerations an essential factor for the assessment and decision-making phases of the review and approval of a proposed energy project. Under CEAA 2012, climate change considerations were not clearly spelt out, though there were several avenues for GHGs to be considered in the assessment process. This thesis reviews the former regime and practice under CEAA 2012, then examines the new regime, and the GHGs consideration in the EIA process in the United States of America (U.S).
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    Gas Flaring and Low Carbon Development: A Comparative Analysis of Nigeria, UK and Alberta
    (2019-04-25) Mene, Boritsefere Elizabeth; Lucas, Alastair R.; Stewart, Fenner L.; Van De Biezenbos, Kristen; Wright, David Curtis
    I bet if the environment could talk, it would have many things to say. If the environment could challenge certain actions by humankind on its person, everyone would have an earful. Sadly, the environment has no voice; it relies on environmental activists to tell its story and save it, or at least what remains of it. In this research, I tell a tale of gas flaring stemming from upstream oil and gas production in Nigeria. This comparative study analyses gas flaring in Nigerian upstream oil and gas industry as a hindrance to low carbon development, and the reasons why the 43 years efforts to phase out gas flaring are unsuccessful. It argues that if there is no address of the five obstacles to phasing out gas flaring that it discusses, Nigeria would never meet its year 2030 commitment of phasing out gas flaring which it declares in its NDC in the Paris Agreement. It uses two jurisdictions, the UK and Alberta, as comparators in determining how two other oil-producing jurisdictions address the gas flaring problems Nigeria faces in its oil and gas industry. It uses the theory of environmental ethics as a basis for the need for environmental protection and accountability in the oil and gas industry.
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    Responsive Regulation of Off Highway Vehicle Use on Crown Land in Alberta Headwaters
    (2018-11-05) Surtees, Jeffrey David; Olszynski, Martin; Fluker, Shaun; Stewart, Fenner L.
    Headwater areas are ecologically important and can be negatively impacted by off highway vehicle use, yet harmful noncompliance with existing regulation occurs. This thesis considers whether compliance with Alberta law regulating OHV use on Crown land could be improved by using responsive regulation, a law and society approach. The traditional approach to the law is reviewed and contrasted with the law and society approach. The physical, regulatory, social and economic contexts of off highway vehicle use and harm in Alberta are examined. The main characteristics of responsive regulation are investigated. One variation of responsive regulation, restorative justice, is examined and it is concluded that theoretically it could be applied to off highway vehicle regulation, but unanswered questions remain as to the cost-effectiveness of doing so.