Professor Michael I. Jeffery, QC
Recent
Publications
Book Chapters and Refereed Journal Articles
'Biodiversity Conservation in the Context of Sustainable Human Development: A Call to Action' in Michael I Jeffery, Jeremy Firestone, Karen Bubna-Litic (eds) Cambridge University Press, Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, 2008.
‘Using a Legally Enforceable Knowledge Trust Doctrine to Fulfil the Moral Obligation to Protect Indigenous Secrets’ (co-authored with Paul Martin), (2007) 11 NZJEL at p.1
‘Environmental Imperatives in a Globalised World: The ecological impact of Liberalising Trade’ (2007) 7 MqLJ at p.25.
'Environmental Governance: A Comparative Analysis of Public Participation and Access to Justice, JSPL Vol 9 (2005) Issue 2 online at http://www.paclii.org/journals/fJSPL/vol09no2/2.shtml
‘Environmental Impact Assessment: Addressing the Major Weaknesses’
in Nathalie J. Chalifour, Patricia Kameri-Mbote, Lin Heng Lye, John R. Nolon
(eds), Land Use Law for Sustainable Development, Cambridge University
Press
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São
Paulo, 2007.
‘Substantive and Procedural Dimensions of Old and New Forms of Property: IPRs, the CBD and the Protection of Traditional Ecological Knowledge’, in Smajgl A and Larson S (eds), Adapting Rules for Sustainable Resource Use, CSIRO Sustainable Ecosystems, Townsville, June 2006.
‘Foundations In University Education’, in Adrian J. Bradbrook, Rosemary Lyster, Richard L. Ottinger, Wang Xi (eds), The Law of Energy for Sustainable Development, Cambridge University Press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, 2005
‘An Overview of Selected International Legal Frameworks for Conservation of Biodiversity in the DMZ"’, presented at the 2005 Ecocity International Symposium "DMZ: Conservation and Sustainable Management of the DMZ and Surrounding Areas", Seoul, Republic of Korea, December 7, 2005; published in book form in both English and Korean languages, available from The Korean Federation for Environmental Movement - Friends of the Earth Korea (http://english.kfem.or.kr).
Environmental Ethics And Sustainable Development: Ethical and Human Rights Issues In Implementing Indigenous Rights”. 2 MqJICEL (2005) p.105.
‘Intellectual Property Rights and Biodiversity Conservation: Reconciling the Incompatibilities of the TRIPS Agreement and the Convention on Biological Diversity’, in Ong, Burton (eds.) Intellectual Property and Biological Resources, (2004) Marshall Cavendish Academic, Singapore Ch.5.
‘An International Regime for Protected Areas’, (Section 2 of a 4 part paper, in John Scanlon and Francoise Burhenne-Guilmin (Eds), (2004), International Environmental Governance: An International Regime for Protected Areas, IUCN, Gland, Switzerland and Cambridge, UK pp 9-38 also available at http://www.iucn.org/themes/law/pdfdocuments/EPLP49EN.pdf
‘Wildlife Management in Australia: Different Perspectives in Indigenous Participation’ (co-authored with Donna Craig), Revista de Direito Ambiental Ano 9, n. 35, julho-setembro de 2004, Instituti “O Direito por um Planeta Verde at pp.217 – 237.
‘Intervenor Funding As the Key To Effective Citizen Participation In Environmental Decision-Making: Putting The People Back Into The Picture’, Arizona Journal of International and Comparative Law, Vol. 19 Number 2, 2002, James E. Rogers College of Law, The University of Arizona, pp. 643-677.
Online Publications
"An Overview of Selected International Legal Frameworks for Conservation of Biodiversity in the DMZ", presented at the 2005 Ecocity International Symposium "DMZ: Conservation and Sustainable Management of the DMZ and Surrounding Areas", Seoul, Republic of Korea, December 7, 2005; published in book form in both English and Korean languages, available from The Korean Federation for Environmental Movement - Friends of the Earth Korea (www.kfem.or.kr).
"An International Regime for Protected Areas", (Section 2 of a 4 part paper, presented at the Vth World Parks Congress 2003, Durban, South Africa, 12 September 2003; Published in John Scanlon and Francoise Burhenne-Guilmin (Eds), (2004), International Environmental Governance: An International Regime for Protected Areas, IUCN, Gland, Switzerland and Cambridge, UK pp 9-38 also available at http://www.iucn.org/themes/law/pdfdocuments/EPLP49EN.pdf
"Environmental Ethics And Sustainable Development: Ethical and Human Rights Issues in Implementing Indigenous Rights". An earlier version was presented to the Ethics Specialist Group workshop at the IUCN World Conservation Congress, Bangkok, Thailand, 16 November 2004. A revised version is published in 2 MqJICEL (2005) at p. 105.
Capacity Building For Sustainable Energy Regimes and Effective Compliance and Enforcement: Foundations Foundations in University Education (Presented at the IUCN Academy of Environmental Law Colloquium on 7 November, 2003, Shanghai, China), a slightly revised version is published in The Law of Energy for Sustainable Development, Adrian J. Bradbrook et al (Eds) Cambridge University Press, New York, NY (2005) at p. 540.
Bioprospecting: Access to Genetic Resources and Benefit-Sharing under the Convention on Biodiversity and the Bonn Guidelines (2002) 6 Sing JICL at pp 747-808
The Impact of Trade and Intellectal Property Rights on Biodiversity Conservation: Setting the Boundaries (presented at the World Jurists Association 21st Biennial Congress on the Law of the World, Adelaide, 22 August 2003)
Books
Environmental Approvals in Canada: Practice and Procedure, Butterworths, 1989
How to Understand Statutes and By-Laws, Carswell, 1995 (with D.J. Gifford and K.H. Gifford)
Thesis
Environmental Law: Development Through Incremental Reform, LL.M. Thesis, accepted May 1984 (Osgoode Hall Law School)
Other selected articles and papers:
"Intellectual Property Rights and Biodiversity Conservation: Reconciling the Incompatibilities of the TRIPS Agreement and the Convention on Biological Diversity”; presented at Intellectual Property and Biological Resources Conference, Singapore, 1-3 December 2003, published in Ong, Burton (Ed.) Intellectual Property and Biological Resources, (2004) Marshall Cavendish Academic, Singapore Ch.5.
"Wildlife Management in Australia: Different Perspectives in Indigenous Participation” (co-authored with Donna Craig), Revista de Direito Ambiental Ano 9, n. 35, julho-setembro de 2004, Instituti “O Direito por um Planeta Verde at pp.217 – 237.
“Environmental Ethics And Sustainable Development: Ethical and Human Rights Issues In Implementing Indigenous Rights”. An earlier version was presented to the Ethics Specialist Group workshop at the IUCN World Conservation Congress, Bangkok, Thailand, 16 November 2004. A revised version is published in 2 MqJICEL (2005) at p. 105 and now available here.
"Capacity Building For Sustainable Energy Regimes And Effective Compliance And Enforcement: Foundations In University Education", presented at the IUCN Academy of Environmental Law's First Colloquium, Shanghai, China, 7 November 2003; (to be published by Cambridge University Press in early 2005 ), now available here.
"An International Regime for Protected Areas", (Section 2 of a 4 part paper, presented at the Vth World Parks Congress 2003, Durban, South Africa, 12 September 2003; Published in John Scanlon and Francoise Burhenne-Guilmin (Eds), (2004) International Environmental Governance: An International Regime for Protected Areas, IUCN, Gland, Switzerland and Cambridge, UK pp 9 – 38, now available here.
"The Impact Of Trade And Intellectual Property Rights On Biodiversity Conservation: Setting The Boundaries", World Jurists Association 21st Biennial Congress on the Law of the World, Adelaide, 22 August 2003; available on CD ROM and here
"Bioprospecting: Access to Genetic Resources and Benefit-Sharing under the Convention on Biodiversity and the Bonn Guidelines", 2002 Sing. J. of Int'l & Comp. L. Vol. 6 at p. 746 and here.
The Impact of Intellectual Property Rights and Trade-Related Issues on Biological Diversity; published in Lye, Lin-Heng with Manguait, Maria Socorro Z. (Eds) (2003), Towards a 'Second Generation’ in Environmental Laws in the Asian and Pacific Region: Select Trends. IUCN, Gland, Switzerland and Cambridge U.K. at p. 143
"Environmental Management Through Market-Based Incentives: A Role for Carbon Trading", Capacity-Building for Environmental law in the Asian and Pacific Region, Donna Craig et al eds, Vol 1, 2002, Asian Development Bank, Manila, at p.349.
"Intervenor Funding: Improving the Quality of Environmental Decision-Making", Capacity-Building for Environmental Law in the Asian and Pacific Region, Donna Craig et al eds, Vol 1, 2002, Asian Development Bank, Manila, at p. 672.
"Environmental Mediation: Its Proper Role Within Existing Adjudicative Assessment and Approval Processes" Capacity-Building for Environmental Law in the Asian and Pacific Region, Donna Craig et al eds, Vol 1, 2002, Asian Development Bank, Manila at p. 773.
Intervenor Funding As The Key To Effective Citizen Participation In Environmental Decision-Making: Putting The People Back Into The Picture, Arizona Journal of International and Comparative Law, Vol. 19 Number 2, 2002, James E. Rogers College of Law, The University of Arizona, pp. 643-677.
Where Do We Go From Here? Emissions Trading Under the Kyoto Protocol, UNSW Law Journal Forum, Vol. 7 No. 2 at p. 26.
Using Market-Based Incentives to Curtail Greenhouse Gas Emissions: Factors to consider in the design of the Clean Development Mechanism, Joint Implementation and Emissions Trading, co-authored with Warwick R. Baird, Asia Pacific Journal of Environmental Law, Vol. 6 Issue 2 2001, Kluwer Law International at pp. 117-164.
Australia's GST: What It Means For The Mining Industry, Co-authored with Russell Maynard,; Australian Mining and Petroleum Journal, Melbourne, 1999.
National Parks and Protected Areas: Approaching the Next Millenium, Conference Proceedings - Environmental Justice and the Legal Process, April 1998, Capetown SA at pp. 52 - 82, jointly published by the Environmental Law Centre, Macquarie University, and the Environmental Law Unit, University of Capetown.
Public Lands Reform: A Reluctant Leap into the Abyss Virginia Environmental Law Journal, Fall 1996, vol. 16 No.1, p.79.
Seeking Redress for Environmental Harm in the Context of Transboundary Pollution, Remedies, Access and Choice of Law Considerations. American Bar Association, Section of Natural Resources, Energy, and Environmental Law 24th Annual Conference on Environmental Law, Keystone Colorado, March 1995.
The Environmental Implications of NAFTA: A Canadian Perspective. The Urban Lawyer, Winter 1994, vol.26 No 12,p.31.
The Legal Framework for Environmental Regulation under the North American Free Trade Agreement E.P.L.J. vol.11, No. 5, October 1994, p.382.
Environmental Liability: A Continuing Concern for Lenders - in Environmental Regulation and Economic Growth, Clarendon Press, Oxford, 1994, c.4 at p.49 (A.Boyle, ed)
Science and the Law - Science and the Tribunal: Dealing with Scientific Evidence in the Adversarial Arena. Social Conflict and Environmental Law, Ethics, Economics and Equity, Division of Social Sciences, York University, 1994. p.162.
Toward Environmentally Sound Planning and Development in Ontario. State and Regional Comprehensive Planning: Implementing New Methods for Growth Management, ABA Section of State and Local Government Law, 1993, p.191 (with M.B. Vaughan).
Procedural Fairness in the Context of Administrative Tribunals. Special Lectures of the Law Society of Upper Canada, 1992 p.379.
Transboundary Pollution and Cross Border Litigation. Canada-United States Law Journal, Case Western Reserve University School of Law, Cleveland, Ohio, vol.18, (1992).
Rafferty Alameda and Oldman River: Catalysts for Reform to the Federal Environmental Assessment Review Process. 9 E.P.L.J. vol. 2, P.139 (1992)
The New Canadian Environmental Assessment Act - Bill C-78: A Disappointing response to Promised Reform. McGill Law Journal, Special Issue on Environmental Law, 1991, vol.36 p.1070.
Appropriateness of Judicial and Non-Judicial Determination of Environmental Issues. Proceedings of the International Bar Association's Sixth Environmental Law Seminar, Auckland, New Zealand, October 1988; Also published (1985) 5 E.P.L.J. No.4.