RE-ENERGIZING NORTH AMERICA: PIPELINES AND POLICY A WORKSHOP OF THE NORTH AMERICAN CONSORTIUM ON LEGAL EDUCATION UNIVERSITY OF BRITISH COLUMBIA LAW SCHOOL VANCOUVER, BRITISH COLUMBIA 14 -‐ 15 MARCH 2014 1 RE-ENERGIZING NORTH AMERICA: PIPELINES AND POLICY A WORKSHOP OF THE NORTH AMERICAN CONSORTIUM ON LEGAL EDUCATION UNIVERSITY OF BRITISH COLUMBIA LAW SCHOOL ALLARD HALL, 1822 EAST MALL VANCOUVER, BRITISH COLUMBIA 14 -‐ 15 MARCH 2014 Housing for NACLE faculty and students will be arranged at Walter Gage Residence, 5959 Student Union Blvd, which is a convenient walk to UBC Law School, where the Workshop will convene. NACLE faculty members must register on the NACLE website (www.nacle.org) to assure complimentary hotel accommodations. Non-NACLE faculty should contact [contact Walter Gage Residence directly?]. For more information on Walter Gage Residence, see http://www.housing.ubc.ca/walter-gage/overview THURSDAY, March 13, 2014 Arrivals 6:00 p.m. Welcome Reception Allard Hall, Terrace Lounge, 4th Floor _____________________________________ FRIDAY, March 14, 2014 8:00 a.m. Registration and Continental Breakfast Hong Kong Lounge 8:45 a.m. Forum Welcoming Remarks Professor Stephen Zamora Dean Mary Anne Bobinski 2 9.00 a.m. Forum Opening Plenary Session: National Center for Business Law Panel: New trends in dispute settlement related to energy Panel Chair: Ljiljana Biukovic (UBC) [email protected] Presenters: Julian Cardenas (Houston) Gordon Christie (UBC) Tina Cicchetti (Fasken Martineau) Justice Paul Jeffrey (Alberta Queen’s Bench) Commentator: Fenner Stewart (Capital University) The focus of the plenary session is a variety of procedural and substantive laws that are applicable to disputes involving energy issues. The growing interest in the security of supply of energy products, the importance of public service obligations, the development of new sources of energy, public concern over energy investment, the role of state owned enterprises in energy sector, environmental implications of the development of energy sector, and the use of natural resources, are some of the issues surrounding disputes over the energy investments and trade in energy goods and services. These issues often give rise to questions over whether domestic litigation and international trade and investment arbitration are dispute resolution mechanisms can adequately resolve relevant energy disputes, especially when they involve property rights and interests of indigenous communities. 11:00 a.m. Break 11:30 a.m. Concurrent Workshop Sessions Concurrent workshop sessions are designed to maximize the exchange of ideas. For this reason, presenters are referred to as “discussants,” to encourage interplay between the leader of the discussion and other NACLE participants. 1. Integration of the Energy Regulatory Framework in North America in the context of the Mexican Constitutional Reform 3 Room 112 Convenor: Gabriel Cavazos (Monterrey Tech) [email protected] Presenters: Isidro Morales (Monterrey Tec) – Mexican Energy Reform Miriam Grunstein (CIDE) Jacqueline Weaver (Houston) 2. Energy Regulation and Indigenous People’s Rights: Reach and scope of the Duty to Consult in North America Room 113 Convenor: Gordon Christie [email protected] Presenters: Carolina Hernández Nieto, student at UNAM Naayeli Rodriguez PhD student at UBC (TBC) This panel's focus is the exploration of the duty to consult through case studies in North America. The case studies will show some of the problems that Indigenous peoples still confront when consulted regarding projects in their ancestral territories. They will also show some areas and opportunities for improvement in the regulation of this right. 1:00 p.m. Forum Luncheon Speaker: Jacqueline Weaver - North American Energy Independence in a World of Globalization and Climate Change 2:30 p.m. NACLE Student Essay Competition Rooms 122 and 123 4 Presentations of award-winning papers by commentary from NACLE faculty on each paper 5:00 p.m. NACLE students, with Adjourn _____________________________________ SATURDAY, March 15, 2014 9:00 a.m. Room 106 Plenary session: Centre for Law and the Environment Panel This panel will focus on the broad topic of “energy technologies and climate change.” Among other topics, panelists will address the role of technology in the emerging UN climate regime; legal requirements for climate adaptation; and the intersection of intellectual property, energy technologies, and climate change Chair: Benjamin Richardson [email protected] Presenters: Prof. Meinhard Doelle (Schulich School of Law, Dalhousie University) The Role of Technology in the Emerging UN Climate Regime Laura Zizzo (climate law practitioner, Toronto) Legal Requirements for Climate Adaptation Graham Reynolds (UBC) The Intersection of Intellectual Property, Energy Technologies, and Climate Change Paul Kariya (Executive Director, Clean Energy BC, Vancouver). The Makings of Clean Energy in BC: The Social Construction of Technologies 11:00 a.m. Coffee Break 11:15 a.m. Room 123 Roundtable on Cross-border Collaboration in Teaching 5 Convenor: Tony VanDuzer (Ottawa) [email protected] This session will provide NACLE colleagues with an opportunity to share their experiences with cross-border collaborative education activities in the classroom. The goal will be to develop some specific ideas for collaboration among NACLE colleagues to promote student interaction among NACLE members. Other participants include Graham Reynolds (UBC), Ljiljana Biukovic (UBC), Stephen Zamora (Houston), and Laura Spitz (Cornell). 12:30 p.m. Room 123 Lunch General discussion: Issues and Challenges in promoting NACLE Student Exchanges 1:30 p.m. - 3.00 pm 1. Concurrent Workshops National Perspectives on Land Use Issues – Public Interest versus Private Rights Room 111 Convenor: Robert Godin (McGill) [email protected] Presenters: Marcilynn Burke (Houston) Carole Gilbert (McGill Student) Free Mining Fenner Stewart (University of Ohio and Director of Academic Affairs for the Midwest Center for Energy Law and Policy) Waking the Sleeping Giant: Clarifying the Ambiguities in Ohio’s Dormant Minerals Act (TBC) This session will address a range of issues related to conflicts between public and private interests in land in the Canada, Mexico and the US. 2. CEC project Room 335 Convenors: Lee Paddock (GWU) [email protected] (or Jessica Wentz (GWU) [email protected]) and Tracy Hester (Houston – [email protected]) 6 [Other possible participants in the session include Elizabeth Trujillo (Suffolk) Mark Youdan (student Ottawa), Paul Keelyside (student McGill), student from Suffolk (TBC), Jamie Benidickson (Ottawa) and a Representative from CEC] This panel will provide an opportunity for students to present on various research projects that they have undertaken as part of NACLE’s partnership with the Commission on Environmental Cooperation (CEC). Two students from GW Law and Suffolk Law will present their findings from a joint project in which they evaluating environmental assessment procedures for hydraulic fracturing in the United States, Mexico, and Canada. The topic will also be open for discussion on best practices and possible recommendations that could be submitted to the CEC regarding the coordination and harmonization of environmental assessment laws in the three countries. Students from Suffolk Law will also present the research that they have conducted regarding environmental law and international trade. 3:00 p.m. Coffee Break 3:15 p.m. - 4.30 pm Room 111 NACLE Annual Business Meeting (NACLE Faculty and Administrative Representatives and other interested faculty and students) 4:30-5:30 Room 114 CEC Research Group Meeting 7
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