ALBERTA LAW REVIEW最新文献_第4页

International Royalties on the Extended Continental Shelf: Implications for Canada, Newfoundland, and Equinor 扩展大陆架的国际特许权使用费：对加拿大、纽芬兰和Equinor的影响

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ALBERTA LAW REVIEW Pub Date : 2020-03-17 DOI: 10.29173/alr2594

A. Terrell

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#HowToPPA: An Examination of the Regulatory and Commercial Challenges and Opportunities Arising in the Context of Private Power Purchase Agreements for Renewable Energy #HowToPPA:检讨可再生能源私人购电协议所带来的规管及商业挑战及机遇

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2580

S. Baines, Shaun Wrubell, J. Kennedy, Courtney Bohn, Cassie Richards

引用次数: 2

Under Construction: A Close Examination of Recent Construction Law Developments and Their Impact on the Oil and Gas Industry 《建设中:近期建筑法发展及其对石油和天然气行业的影响》

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2581

Kevin Barr, T. W. Davis

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Recent Judicial Decisions of Interest to Energy Lawyers 最近能源律师关心的司法判决

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2583

B. Walker, Lucy L'Hirondelle

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Let's Talk About Royalties: The Continued Uncertainty Surrounding the Creation and Legal Status of the Overriding Royalty 让我们谈谈版税:围绕最高版税的产生和法律地位的持续不确定性

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2578

David LeGeyt, Ashley Weldon, N. Wood, B. Downey

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Recent Legislative and Regulatory Developments of Interest to Energy Practitioners 能源从业人员关注的最新立法和监管发展

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2584

D. Harper, Terri-Lee Oleniuk, Lars Olthafer, Katie Slipp

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Overview of the New Legal Era for Development Projects in the Newfoundland and Labrador Offshore 纽芬兰和拉布拉多近海开发项目的新法律时代概述

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2579

Q. C. T. Stanley

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Forging a Clearer Path Forward for Assessing Cumulative Impacts on Aboriginal and Treaty Rights 为评估对土著居民和条约权利的累积影响开辟更清晰的前进道路

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2577

Diana Audino, S. Axmann, Bryn Gray, K. Howard, Ljiljana Stanic

引用次数: 1

Financing Disputes: Third-Party Funding in Litigation and Arbitration 融资纠纷:诉讼与仲裁中的第三方融资

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ALBERTA LAW REVIEW Pub Date : 2019-12-02 DOI: 10.29173/alr2582

Rachel A Howie, G. Moysa

{"title":"Financing Disputes: Third-Party Funding in Litigation and Arbitration","authors":"Rachel A Howie, G. Moysa","doi":"10.29173/alr2582","DOIUrl":"https://doi.org/10.29173/alr2582","url":null,"abstract":"Third-party funding is an arrangement where an entity with no prior interest in the merits of a dispute provides funding to a party involved in the dispute. Traditionally, this funding was specifically to assist the party to the dispute by financing its legal fees and costs and could be obtained in a number of ways, such as through insurance or loans from financial institutions. Third-party funding has seen significant growth and an increase in sophistication in recent years, resulting in a departure from this traditional model concurrent with the rise of commercial litigation funders whose entire business is providing non-recourse investment in disputes. This article explores both the changes in models of third-party funding — which can include some or all of: (1) paying for legal fees and disbursements, (2) indemnifying against the risk of an adverse costs order, (3) stepping in to provide security for costs, (4) providing working capital or portfolio funding for bundles of claims, and (5) the rise of institutional third-party financing in Canada. In particular, this article will explore some of the specific applications of third-party funding to the energy industry, including “David and Goliath” claims, claims involving state asset expropriation, and the use of funding as a tool for risk allocation in asset sales. \u0000This article will also discuss the development and current state of the legal framework and case law in Canada with respect to third-party funding, along with third-party funding across different contexts and types of disputes. This includes the evolution of the law of maintenance and champerty and a discussion of key legal and ethical issues engaged by third-party funding arrangements including confidentiality, privilege, disclosure, conflicts of interest, and control of the dispute.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":"465"},"PeriodicalIF":0.5,"publicationDate":"2019-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43381066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Road Not Taken: Missing Powers to Compel Decryption in Bill C-59, Ticking Bombs, and the Future of the Encryption Debate 未走的路:C-59法案中缺少强制解密的权力，定时炸弹，以及加密辩论的未来

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2576

R. Diab

{"title":"The Road Not Taken: Missing Powers to Compel Decryption in Bill C-59, Ticking Bombs, and the Future of the Encryption Debate","authors":"R. Diab","doi":"10.29173/alr2576","DOIUrl":"https://doi.org/10.29173/alr2576","url":null,"abstract":"In the fall of 2016, Canada’s Liberal government published a Green Paper canvassing public opinion on changes to national security law. The Paper explored the possibility of new powers to compel third parties to assist with decryption, framing the discussion around a terrorism plot analogous to a ticking bomb hypothetical. The public did not support new decryption powers, and Bill C-59, now before Parliament, does not include them. This article revisits the Green Paper to shed light on deeper fault lines in debates about whether police should have a power to compel decryption. The Green Paper points to illuminating parallels between arguments for compelled decryption and for torture. The strongest arguments for each make use of ticking bomb scenarios. While the arguments have attracted much criticism, they remain plausible and undermine key assumptions of those opposed to compelled decryption. \u0000Part II of this article traces two common arguments for why state agents seek powers to compel a third party to decrypt: for justice (to secure convictions) and public safety (to prevent terrorism and other serious offences). Opponents cast doubt on the first claim by pointing to many alternative sources of evidence. They tend to dismiss the second claim, that police need decryption powers for public safety, as merely theoretical, but fail to engage its merits. Part III takes a closer look at the public safety claim in light of the torture debate and the ticking bomb scenario. Despite criticism, arguments in favour of compelled decryption based on the scenario remain theoretically plausible on consequentialist grounds, and rhetorically persuasive by aligning the need for compelled decryption with the value of life (over dignity or privacy). The public safety claim also challenges a common view among opponents of compelled decryption that such powers do not involve a trade-off between privacy and security but between two forms of security. The article concludes by considering the possible impact on the debate of a terrorist act implicating encryption.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44825929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0