Neil Craik
Biographic Data
| ID | 2037565 |
|---|---|
| NAME | Neil Craik |
| GIVEN NAMES | Neil |
| FAMILY NAME | Craik |
| SIGNATURE | CRAIK N |
| AFFILIATIONS | University of Waterloo |
| ORCID | 0000-0001-5597-0686 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 3 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Environmental Impact Assessment Under the Biodiversity Beyond National Jurisdiction Agreement and the Equivalence Exception
A key consideration for the implementation of the Agreement Under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ( BBNJ Agreement) is managing the relationship between overlapping international frameworks. For environmental impact assessment ( EIA ), this objective finds expression in an exception to the general obligation to conduct …
Assessing Antarctic Marine Bioprospecting Governance in the Light of the Biodiversity Beyond National Jurisdiction Agreement: Competence, Comprehensiveness, and Coherence
This article critically examines the broad claims of the Antarctic Treaty Consultative Parties (ATCPs) that the Antarctic Treaty System (ATS) is the ‘competent’ and ‘comprehensive’ framework for governing marine biodiversity in the area covered by its constituent instruments, implying that the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) is therefore inappl…
The International Seabed Authority, the Problem of Disregard and the Case for Administrative Accountability
The International Seabed Authority (ISA) is tasked with regulating deep seabed mining (DSM) in areas beyond national jurisdiction for the benefit of all humankind. Unlike most international institutions, the ISA operates as a frontline resource regulator with direct authority over DSM contracts and activities. To effectively carry out its regulatory mandate, the ISA operates under a complex institutional structure involving the delegation of sign…
Equitable sharing of deep-sea mining benefits: More questions than answers
The International Seabed Authority is tasked to develop rules for “equitable sharing of financial and other economic benefits” from deep-sea mining activities in the seabed area beyond national jurisdiction. Without this element of the legal regime, the ISA cannot meet its stated aim of ensuring deep-sea mining activities are undertaken for the ‘benefit of [hu]mankind as a whole’, with particular consideration to the interests and needs of develo…
A feminist climate policy? Examining Canada's climate commitments
The Canadian government recently oriented its foreign policy in a ‘feminist’ direction, including the launch of Canada’s Feminist International Assistance Policy (FIAP). At the same time, the Trudeau government has also reoriented Canada’s efforts to address climate change, ratifying the Paris Agreement in 2016. This article reviews Canada’s Paris Agreement commitments, formalized in Canada’s Nationally Determined Contributions and National Commu…
Implementing adaptive management in deep seabed mining: Legal and institutional challenges
The Duty to Cooperate in the Customary Law of Environmental Impact Assessment
This article argues that the International Court of Justice's (ICJ) account of the customary law of environmental impact assessment (EIA) is incomplete. While acknowledging the role of the harm prevention principle in formulating the customary obligation to conduct EIAs, the ICJ has ignored the duty to cooperate, notwithstanding the latter duty's equally strong standing in international environmental law. Ignoring the duty to cooperate pushes the…
Governing Information: A Three Dimensional Analysis of Environmental Assessment
This article examines the institutional, political and regulatory dimensions of environmental assessment (EA) processes. While EA is most often conceptualized as a regulatory instrument, this article contends that viewing EA in this narrow fashion obscures the broader implications and significance of EA as a distinct form of governance. When conceived as a mode of governance, EA varies considerably in terms of the key governance characteristics e…
Genetically Modified Crops and Nuisance: Exploring the Role of Precaution in Private Law
This article critically considers calls for the precautionary principle to inform judicial decision making in a private law context in light of the Hoffman litigation, where it is alleged that the potential for genetic contamination from genetically modified (GM) crops causes an unreasonable interference with the rights of organic farmers to use and enjoy their lands, giving rise to an actionable nuisance. Applying the precautionary principle in …
The Duty to Cooperate in the Customary Law of Environmental Impact Assessment
This article argues that the International Court of Justice's (ICJ) account of the customary law of environmental impact assessment (EIA) is incomplete. While acknowledging the role of the harm prevention principle in formulating the customary obligation to conduct EIAs, the ICJ has ignored the duty to cooperate, notwithstanding the latter duty's equally strong standing in international environmental law. Ignoring the duty to cooperate pushes the…
Governing Information: A Three Dimensional Analysis of Environmental Assessment
This article examines the institutional, political and regulatory dimensions of environmental assessment (EA) processes. While EA is most often conceptualized as a regulatory instrument, this article contends that viewing EA in this narrow fashion obscures the broader implications and significance of EA as a distinct form of governance. When conceived as a mode of governance, EA varies considerably in terms of the key governance characteristics e…
Genetically Modified Crops and Nuisance: Exploring the Role of Precaution in Private Law
This article critically considers calls for the precautionary principle to inform judicial decision making in a private law context in light of the Hoffman litigation, where it is alleged that the potential for genetic contamination from genetically modified (GM) crops causes an unreasonable interference with the rights of organic farmers to use and enjoy their lands, giving rise to an actionable nuisance. Applying the precautionary principle in …
Governing Information: A Three Dimensional Analysis of Environmental Assessment
This article examines the institutional, political and regulatory dimensions of environmental assessment (EA) processes. While EA is most often conceptualized as a regulatory instrument, this article contends that viewing EA in this narrow fashion obscures the broader implications and significance of EA as a distinct form of governance. When conceived as a mode of governance, EA varies considerably in terms of the key governance characteristics e…
Implementing adaptive management in deep seabed mining: Legal and institutional challenges
The Duty to Cooperate in the Customary Law of Environmental Impact Assessment
This article argues that the International Court of Justice's (ICJ) account of the customary law of environmental impact assessment (EIA) is incomplete. While acknowledging the role of the harm prevention principle in formulating the customary obligation to conduct EIAs, the ICJ has ignored the duty to cooperate, notwithstanding the latter duty's equally strong standing in international environmental law. Ignoring the duty to cooperate pushes the…
Equitable sharing of deep-sea mining benefits: More questions than answers
The International Seabed Authority is tasked to develop rules for “equitable sharing of financial and other economic benefits” from deep-sea mining activities in the seabed area beyond national jurisdiction. Without this element of the legal regime, the ISA cannot meet its stated aim of ensuring deep-sea mining activities are undertaken for the ‘benefit of [hu]mankind as a whole’, with particular consideration to the interests and needs of develo…
A feminist climate policy? Examining Canada's climate commitments
The Canadian government recently oriented its foreign policy in a ‘feminist’ direction, including the launch of Canada’s Feminist International Assistance Policy (FIAP). At the same time, the Trudeau government has also reoriented Canada’s efforts to address climate change, ratifying the Paris Agreement in 2016. This article reviews Canada’s Paris Agreement commitments, formalized in Canada’s Nationally Determined Contributions and National Commu…
The International Seabed Authority, the Problem of Disregard and the Case for Administrative Accountability
The International Seabed Authority (ISA) is tasked with regulating deep seabed mining (DSM) in areas beyond national jurisdiction for the benefit of all humankind. Unlike most international institutions, the ISA operates as a frontline resource regulator with direct authority over DSM contracts and activities. To effectively carry out its regulatory mandate, the ISA operates under a complex institutional structure involving the delegation of sign…
Environmental Impact Assessment Under the Biodiversity Beyond National Jurisdiction Agreement and the Equivalence Exception
A key consideration for the implementation of the Agreement Under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ( BBNJ Agreement) is managing the relationship between overlapping international frameworks. For environmental impact assessment ( EIA ), this objective finds expression in an exception to the general obligation to conduct …
Assessing Antarctic Marine Bioprospecting Governance in the Light of the Biodiversity Beyond National Jurisdiction Agreement: Competence, Comprehensiveness, and Coherence
This article critically examines the broad claims of the Antarctic Treaty Consultative Parties (ATCPs) that the Antarctic Treaty System (ATS) is the ‘competent’ and ‘comprehensive’ framework for governing marine biodiversity in the area covered by its constituent instruments, implying that the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) is therefore inappl…
Law (7 works) · Political science (7 works) · Arctic and Russian Policy Studies (4 works) · Economics (4 works) · International Maritime Law Issues (4 works) · Jurisdiction (4 works) · Sociology (4 works) · Business (3 works) · Corporate governance (3 works) · Environmental planning (3 works)