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Publications - Nigel Bankes

Selected Publications and Presentations

  • "Agreement between the Government of Canada and the Government of the French Republic relating to the Exploration and Exploitation of Transboundary Hydrocarbon Fields" in Coalter Lathrop (ed), International maritime Boundaries, Brill, forthcoming, 2017.
  • "The Columbia River Treaty between Canada and the United States of America – time for change?" in Erkki Hollo (ed), The Allocation of Water Resources, Edward Elgar, forthcoming, 2017.
  • "The Use of sub-seabed transboundary geological formations for the disposal of carbon dioxide" in Catherine Banet (ed), New Uses of the Seabed, Brill, forthcoming 2017.
  • "Managing environmental risks through the terms of maritime delimitation and related agreements" in Gunther Handl and Kristoffer Svendsen (eds), forthcoming 2017.
  • "The Supreme Court of Canada Grants Leave in Two Cases Involving the National Energy Board and the Rights of Indigenous Communities" (2016) 4(2) Energy Regulation Quarterly.
  • "Pore space ownership in western Canada" in Ian Havercroft, Richard Macrory and Richard Stewart (eds), Carbon Capture and Storage – Emerging Legal and Regulatory Issues (Second Edition) Hart Publishing (2017) (forthcoming).
  • Book review of International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand, edited by Suzanne Lalonde and Ted L. McDorman, Brill Nijhoff, Leiden, Boston, 2015, 445pp + index, forthcoming Ocean Yearbook (2016).
  • (with Barbara Cosens, Alexander Fremier, and John Abatzoglou), "The Columbia River Treaty and the Dynamics of Transboundary Water Negotiations in a Changing Environment: How Might Climate Change Alter the Game?" In Kathleen A. Miller, Alan F. Hamlet, Douglas S. Kenney, Kelly T. Redmond (eds) Water Policy and Planning in a Variable and Changing Climate, pp. 185 – 206, CRC Press (2016) ISBN 9781482227970.
  • (with Øyvind Ravna) "Recognition of Indigenous Land Rights in Norway and Canada", forthcoming in International Journal of Minority and Group Rights (2016).
  • "The regime for transboundary hydrocarbon deposits in the maritime delimitation treaties and other related agreements of Arctic states" (2016) 47(2) Ocean Development and International Law 141 – 164.
  • Bankes, N., Dahl, I. (Tromsø), VanderZwaag D. (Dalhousie), eds. Aquaculture Law and Policy: Global, Regional and National Perspectives, Edward Elgar Publishing, 2016.
  • "The Fundamentals of Alberta's Power Market and the Integration of Renewables," 9th Energy Law Fundamentals Seminar, Canadian Energy Law Foundation, Calgary, AB, November 3, 2016. His PowerPoint presentation is available here
  • "The Status of the UN Declaration on the Rights of Indigenous Peoples in Canadian Law and Policy," 9th Polar Law Symposium, University of Akureyri, Iceland, October 5-9, 2016.
  • (with Barbara Cosens, Alexander Fremier, and John Abatzoglou), “The Columbia River Treaty and the Dynamics of Transboundary Water Negotiations in a Changing Environment: How Might Climate Change Alter the Game?” In Kathleen A. Miller, Alan F. Hamlet, Douglas S. Kenney, Kelly T. Redmond (eds) Water Policy and Planning in a Variable and Changing Climate, CRC Press (2016) ISBN 9781482227970
  • (with Øyvind Ravna) “Recognition of Indigenous Land Rights in Norway and Canada”, forthcoming in International Journal of Minority and Group Rights (2016).
  • (with Elizabeth Whitsitt), “Aquaculture and trade: trade law and trade-related multilateral environmental agreements” in Nigel Bankes, Irene Dahl and David Vanderzwaag (eds), Aquaculture Law and Policy: Global, Regional and National Perspectives,  (Edward Elgar, 2016, forthcoming)
  • (with Irene Dahl and David Vanderzwaag), “Introduction”, in Nigel Bankes, Irene Dahl and David Vanderzwaag (eds), Aquaculture Law and Policy: Global, Regional and National Perspectives,  (Edward Elgar, 2016, forthcoming)
  • (with Irene Dahl and David Vanderzwaag), “Conclusions”, in Nigel Bankes, Irene Dahl and David Vanderzwaag (eds), Aquaculture Law and Policy: Global, Regional and National Perspectives,  (Edward Elgar, 2016, forthcoming)
  • (with Seline Trevisanut (eds), Energy from the Sea: An International Law Perspective on Ocean Energy, 181pp. (Brill Nijhoff, Utrecht and Boston, 2015) (originally published in IJMCL)
  • (with Astrid Kalkbrenner), “Liability for Oil Spills from Oil and Gas Operations in Canada’s Arctic Waters” in Lila Barrera-Hernández et al (eds), Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities, (forthcoming, Oxford University Press, 2016) 207 – 222."The Regime for Transboundary Hydrocarbon Deposits in the Maritime Delimitation Treaties and Other Related Agreements of Arctic Coastal States" in Ocean Development & International Law, Vol. 47, Iss. 2, 2016.
  • “The Regulation of Cogeneration in Alberta” (2015) 53 Alberta Law Review 383 – 418, with co-authors Giorilyn Bruno and Cairns Price.
  • "Themes and Reflections: A Perspective in Canada" in Christina Allard and Susann Funderud Skogvang (eds), Indigenous Rights In Scandinavia: Autonomous Sami Law, (Ashgate, 2015) 9 – 22.
  • "New Federal Liability and Financial Assurance Rules for Oil and Gas Operations, in the Arctic and East Coast Offshore," Canadian Bar Association, Alberta (South) Environmental Law subsection meeting, Calgary, AB, October 26, 2015. Slides available here.
  • “Arctic Marine Mammals in international environmental law and trade law” in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic, (Edward Elgar, 2015) 185 – 206 (with Professor Elizabeth Whitsitt).
  • Panelist, "Green Regs and Ham," presented by the Environmental Law Centre, Calgary, AB, October 6, 2015.
  • "Stakes of Canadians in the Columbia River," In Deep: A Conversation About Water symposium, Whyte Museum of the Canadian Rockies, Banff, AB, October 3, 2015.
  • "Maritime Boundaries and Oil and Gas Resources," Oil and Gas in the Caribbean: Training and Competency Development, Barbados, September 28-30, 2015.
  • "Pipelines, the National Energy Board and the Federal Court" (2015), 3 Energy Regulation Quarterly 59 - 73.
  • "The legal and regulatory framework for cogeneration in Alberta” at the annual meeting of the Canadian Energy Law Foundation in Jasper on June 19, 2015, with Giorilyn Bruno (research fellow, Canadian Institute of Resources Law), Cairns Price (MEG Energy, co-author of the paper). The PowerPoint presentation is available here.
  • "The implications of the Tsilhqot'in (William) and Grassy Narrows (Keewatin) decisions of the Supreme Court of Canada for the natural resources industries," Journal of Energy and Natural Resources Law (20 May 2015). The article is available online.
  • The Social Licence to Operate: mind the gap," Canadian Energy Law Forum, May 14, 2015, Lake Louise, AB.
  • "The Energy Policies of Selected Arctic States" with Maria Madalena das Neves in Natalia Loukacheva (ed), Polar Law and Resources, Norden Publishing, Nordic Council of Ministers (2015).
  • ‘Legal Systems,’ Arctic Human Development Report (AHDR), 2nd ed., (2014) with Timo Koivurova (University of Lapland, Finland) . The Report is available in hard copy and online here.
  • "The implications of the Tsilhqot'in (William) and Grassy Narrows (Keewatin) Decisions of the Supreme Court of Canada for the Natural Resources Industries," 2015 Outlook Conference, Economics Society of Northern Alberta, December 4, 2014. 
  • “Implications of the Supreme Court of Canada’s Decisions in Tsilhqot’in Nation v. British Columbia and Grassy Narrows First Nations v. Ontario for the resources sector," Annual Meeting of the Indian Resource Council, Tsuu T’ina First Nation. A copy of his presentation is available here
  • "Recent Framework Agreements for the Recognition and Development of Transboundary Hydrocarbon Resources" International Journal of Marine and Coastal Law (volume 29, issue #4). The article is part of a special issue on Energy from the Sea and represents the proceedings from a workshop on the same subject held at the University of Utrecht in February 2014.
  • "The treatment of transboundary hydrocarbon deposits in the maritime delimitation agreements of Arctic states,"  Arctic Circle Conference , Reykjavik, Iceland October 30 – November 2
  • "Protocols for Adaptive Water Governance: The Future of the Columbia River Treaty," a report for The Program on Water Issues (Munk School of Global Affairs, University of Toronto) with Barbara Cosens (University of Idaho), October 21, 2014.
  • On October 2, 2014,  Nigel chaired and coordinated a panel presentation on the social and regulatory issues association with carbon capture and storage, as part of a one-day symposium on Subsurface Carbon Storage at the University of Calgary.
  • From September 25-26, 2014, Nigel served as the chair of the organizing committee of a conference on the legal issues associated with the development and use of Arctic energy resources in Tromsø, Norway. Nigel chaired a number of the sessions at the conference and also presented a paper on framework agreements for developing transboundary hydrocarbon deposits, examining in particular the agreement between Russia and Norway in the Barents Sea. You can see Nigel's PowerPoint presentation here. Details of the conference are available here.
  • Article "Can Environmental Laws Fulfill their Promise? Stories from Canada" in Sustainability 2014, 6(9), 6024-6048, with Sharon Mascher and Martin Olszynski.
  • Article "The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles Systems" (2014) 47:3 UBC L Rev 829, with Sharon Mascher and Jonnette Watson Hamilton. Available on SSRN.
  • Nigel Bankes presented at the 24th Annual Summit of the Pacific NorthWest Economic Region (PNWER) in Whistler, BC on July 23, 2014. Nigel made a joint presentation with Professor Barbara Cosens of the University of Idaho on "Protocols for Adaptive Water Governance, The Columbia River Treaty." Bankes' and Cosens' research on the issue is supported by the Munk School of Global Affairs at the University of Toronto. Click to view the PowerPoint presentation (PDF).
  • Nigel Bankes presented at the conference on "The Scope of Energy Reform: Mexico and International Models of Energy Regulation" in Mexico City, from June 5-6, 2014. Nigel gave the presentation "Framework Agreements for Transboundary Hydrocarbon Resources and US/Mexico Agreement."
  • Nigel Bankes spoke to the aboriginal law sub-section of the Canadian Bar Association in Calgary on May 30, 2014 discussing some of the case law on modern land claim agreements that may relevant for litigation relating to the more historic treaties of the prairie provinces. The PowerPoint presentation can be found here.
  • Nigel Bankes and co-author Elizabeth Whitsitt have published "The Evolution of International Investment Law and Its Application to the Energy Sector" in Alberta Law Review, Volume 51, No. 2 (December 2013).
  • Nigel Bankes and co-author Elizabeth Bourget of the US Army Corps of Engineers have published “Apportionment of the St Mary and Milk Rivers” in Water Without Borders, edited by Emma Norman, Alice Cohen and Karen Bakker and published by the University of Toronto Press.
  • Article "Non-Conventional Oil and Gas Resources and the Legal Issues Associated with Hydraulic Fracturing in Canada," in International Environmental and Resources Law Committee Newsletter, August 2013. American Bar Association Section of Environment, Energy, and Resources.
  • Chapter "The Conservation and Utilization of Marine Mammals in the Arctic Region" in the volume The Law of the Sea and the Polar Regions, Interactions between Global and Regional Regimes, Edited by Erik J. Molenaar, Utrecht University, Alex G. Oude Elferink, Utrecht University and Donald R. Rothwell, Australian National University.
  • "International Trade and Investment Law and Carbon Management Technologies" (2013), 53 Natural Resources Journal 285-324. Co-authored with Elizabeth Whitsitt, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla and Nicholas Rivers. 
  • "What does the future hold for the Columbia River Treaty?" at the 59th Annual Rocky Mountain Mineral Law Institute, July 18-20, 2013, Spokane, Washington.
  • "Carbon management: legal and regulatory issues" at the Annual Conference of Carbon Management Canada, June 3, 2013, Calgary
  • "Polar bears and international law" in Polar Law Textbook II, Natalia Loukacheva, ed. (Copenhagen: Nordic Council of Ministers -TemaNord, 2013) 123
  • "Canada" in Upstream Law and Regulation: A Global Guide, Eduardo Pereira and Kim Talus, eds (Globe Law and Business, London, 2013) 223
  • Nigel Bankes and Elizabeth Brennan, “Enhanced oil recovery and the geological sequestration of carbon dioxide: Regulation and carbon crediting”, a report prepared for Natural Resources Canada, March 2013, 129pp + appendices.
  • "Protecting Listed Aquatic Species under the Federal Species at Risk Act: The Implications for Provincial Water Management and Provincial Water Rights" (2013) 24 Journal of Environmental Law and Practice 19-65.
  • “Recognising the Property Interests of Indigenous Peoples within Settler Societies: Some Different Conceptual Approaches” in The Proposed Nordic Saami Convention: National and International Dimensions of Indigenous Property Rights, Nigel Bankes and Timo Koivurova, editors (Oxford: Hart Publishing, 2013) 21-44
  • “The Forms of Recognition of Indigenous Property Rights in Settler States: Modern Land Claim Agreements in Canada” in The Proposed Nordic Saami Convention: National and International Dimensions of Indigenous Property Rights, Nigel Bankes and Timo Koivurova, editors (Oxford: Hart Publishing, 2013) 351-378
  • "International Trade and Investment Law and Carbon Management Technologies" (November 3, 2012), online: SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171054 (with Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah McCalla, Nicholas Rivers, and Liz Whitsitt)
  • “An Arctic Governance Issue: The management of shared populations of polar bear”, in Øyvind Ravna and Tore Henriksen, editors, Juss i nord: Hav, fisk og urfolk: En hyllest til Det juridiske fakultet ved Universitetet i Tromsøs 25-årsjubileum (Gyldendahl Juridisk, 2012) 40–70
  • (with Meinhard Doelle and Louie Porta) “Using Strategic Environmental Assessments to Guide Oil and Gas Exploration Decisions in the Beaufort Sea: Lessons Learned from Atlantic Canada”, CIRL Occasional Paper No. 39. (2012), available online: SSRN http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2142001
  • "The practice of implementation: a legal perspective", Yukon North Slope Conference on “Pathways to Arctic Innovation–Arctic Wildlife Conservation & Co-Management Lessons Learned and Future Challenges”, Whitehorse, October 2 and 3, 2012 
  • (with Sarah Nykolaishen) "Sacrificing Fish for Power: A Legal History of the Spray Lakes Development and its Effects on the Spray River” (2012) Volume 50(1) Alberta Law Review 1-36
  • "The Legal and Regulatory Issues Associated with Carbon Capture and Storage in Arctic States" (2012) 6 Carbon and Climate Law Review 21 – 32
  • “The Flood Control Regime of the Columbia River Treaty: Before and After 2024” (2012) 2 Washington Journal of Environmental Law and Policy 1-74 (download from here)
  • (with Barbara Cosens) “The Future of the Columbia River Treaty”, a presentation sponsored by the Program on Water Issues of the Munk School of Global Affairs at the University of Toronto
  • “Indigenous Land and Resource Rights in the Jurisprudence of the Inter-American Court of Human Rights: Comparisons with the Draft Nordic Saami Convention” (2012) 54 German Yearbook of International Law 231–280
  • "Legal Issues associated with Exploiting Alberta’s Oil Sands Resource", in Pro Natura (Universitetsforlaget, 2012)
  • (with Rick Nilson) "Economic Regulation and the Design of a Carbon Infrastructure for Alberta, in Energy Networks and the Law: Innovative Solutions in Changing Markets, Martha M. Roggenkamp, Lila Barrera-Hernández, Donald N. Zillman, and Iñigo del Guayo, eds. (Oxford University Press, 2012)
  • “Basin Closing Orders and Crown Reservations as Tools to Protect Instream Flow Requirements” (2011) 21 Journal of Environmental Law and Practice 17–67.
  • (with Sarah Nykolaishen)  “The Jurisdiction of the Alberta Surface Rights Board Under Section 30 of the Surface Rights Act” (2011) 49 Alberta Law Review  1-36
  • Report: (with Louie Porta): Becoming Arctic-Ready: Policy Recommendations for Reforming Canada’s Approach to Licensing and Regulating Offshore Oil and Gas in the Arctic (Oceans North Canada, 2011) .
  • Research report: Is there currently a moratorium on the disposition of Crown oil and gas rights in Lancaster Sound?" (October 29, 2010)
  • Has international law failed the polar bear" in Myron H. Nordquist et al (eds), Changes in the Arctic Environment and the Law of the Sea (Centre for Oceans Policy and, Martinus Nijhoff Publishers, 2010) pp. 635 - 686
  • "Oil and gas and Mining Development in the Arctic: Legal Issues" in Natalia Loukacheva (ed.), Polar Law Text Book, Nordic Council of Ministers, 2010, Copenhagen, pp.101 - 122.
  • "Policy Proposals for Reviewing Alberta's Water (Re)Allocation System" (2010) 20 Journal of Environmental Law and Policy 81 - 126
  • "International human rights law and natural resources projects within the traditional territories of indigenous peoples" (2009), 47 Alberta Law Review 457 - 495
  • "Developing a Legal Regime for Carbon Capture and Storage in Canada: Some reflections based upon a survey of natural gas storage regimes" (ISEEE, University of Calgary, 2009) 22pp
  • (with Julia Gaunce), "Natural Gas Storage Regimes in Canada: a survey" (ISEEE, University of Calgary, 2009) 129pp
  • (with Julia Gaunce), "Natural Gas Storage Regimes in Canada: a survey: Executive Summary" (ISEEE, University of Calgary, 2009) 15pp.
  • (with Jonnette Watson Hamilton), "Different Views of the Cathedral: The Literature on Property Law Theory" pp. 20 - 59 in Aileen McHarg et al (eds), Property and the Law in Energy and Natural Resources, Oxford, Oxford University Press, 2010
  • (with David S. Lee), "The Legal Framework for the Conservation Hunting of Polar Bears in Nunavut" in Milton M.R. Freeman and Lee Foote (eds), Inuit, Polar Bears, and Sustainable Use: Local, National and International Perspectives, CCI Press, University of Alberta., 2009, pp. 199 - 213.
  • "Land claim agreements in Arctic Canada in light of international human rights norms" (2009) 1 Yearbook of Polar Law 175 - 231
  • "Climate Change and the Regime for the Conservation of Polar Bears" pp 351 - 382 in Timo Koivurova, E. Carina H. Keskitalo and Nigel Bankes (eds)), Climate Governance in the Arctic, Springer, 2009
  • (with Timo Koivurova and E. Carina H. Keskitalo (eds)), Climate Governance in the Arctic, Springer, 2009, 451pp.
  • (with Timo Koivurova and E. Carina H. Keskitalo), "Climate Governance in the Arctic: Introduction and Theoretical Framework" pp 1- 23 in Timo Koivurova, E. Carina H. Keskitalo and Nigel Bankes (eds)), Climate Governance in the Arctic, Springer, 2009.
  • (with Timo Koivurova and E. Carina H. Keskitalo), "Conclusions on Climate Governance in the Arctic" pp 429 - 443 in Timo Koivurova, E. Carina H. Keskitalo and Nigel Bankes (eds)), Climate Governance in the Arctic, Springer, 2009.
  • Book review of Roggenkamp et al, Energy Law in Europe: National, EU and International Regulation, 1488pp in (2009), 27 Journal of Energy and Natural Resources Law 97 - 103.
  • "Mining and Recognition and Accommodation of Indigenous Interests: Some Options", in Timo Koivurova and Adam Stepien (eds), Reforming Mining Law in a Changing World with Special Reference to Finland, pp. 132 - 150, University of Lapland Printing Centre, Rovaniemi 2008.
  • "Water management planning and the Crown's duty to consult and accommodate. A comment on Tsuu T'ina First Nation v. Alberta" (2008), 103 Resources 1- 8
  • Legal Issues Associated with the Adoption of Commercial Scale CCS Projects, 32 pp paper prepared for Carbon Capture and Storage Forum, A Pembina-ISEEE Thought Leaders Forum, November 10, 2008, Calgary.
  • (with Jenette Poschwatta) “Draft Australian legislation on Carbon Capture and Storage: A Canadian Perspective” (2008), 102 Resources 1 – 10
  • “From Devils Lake to the Columbia River: Western Water Issues”, Institute for United States Policy Research, Occasional papers Series, volume 2, # 2, January 2008, 17pp
  • (with Jenette Poschwatta) Australian Legislation on Carbon Capture and Storage: A Canadian Perspective, Research Report, Report prepared for the Institute for Sustainable Energy, Environment and Economy (ISEEE), June 2008, 78pp
  • Polar bears: the implications of an ESA listing for the continuing conservation hunt of bears” (2008) 101 Resources 5 – 9
  •  (with Martha Roggenkamp), “Legal Aspects of Carbon Capture and Storage” in Redgewell et al, (eds) Beyond the Carbon Economy,  Oxford , Oxford University Press, 2008.
  • “Alberta’s Royalty Review and the Law of Grandparenting”, IAPR Policy Brief Series, September 2007, 5pp 
  • (with Jenette Poschwatta and Mitch Shier), “The Legal Framework for Carbon Capture and Storage in Alberta” (2008), 44 Alberta Law Review 585 – 630
  • (with Jenette Poschwatta), “Carbon capture and storage in Alberta : learning from the acid gas disposal analogy” (2007), 97 Resources 1-6
  • (with Doug Clark), “Time for Action” WWF Arctic Bulletin No.1, 2007, 21 – 22 available at http://assets.panda.org/downloads/ab0107.pdf
  • International Wildlife Law, Calgary, Canadian Institute of Resources Law, 2006, 50pp.
  • “The legal framework inAlberta for acquiring water entitlements form existing users” (2006), 44 Alberta Law Review  323-376. 
  • “Marshall and Bernard: Ignoring the Relevance of Customary Property Laws” (2006), 55 UNBLJ 120-134.
  • "Shining a light on the management of water resources: the role of an environmental appeal board" (2006), 16 Journal of Environmental Law and Practice 131-185.
  • (with Arlene Kwasniak), "The St. Mary's Irrigation District Licence Amendment Decision: Irrigation Districts as a Law unto Themselves" (2005), 16 Journal of Environmental Law and Practice 1-18.
  • "The Lands Taken Up Provision of the Prairie Treaties" in Henry Epp (ed), Access Management: Policy to Practice, Proceedings of the Conference Presented by the Alberta Society of Professional Biologists, Calgary, Alberta March  18-19, 2003, pp. 53-63, Calgary, ASPB, 2004.
  • "Termination of an Oil and Gas Lease, Covenants as to Title, and Assessment of Damages for Wrongful Severance of Natural Resources: A Comment on Williston Wildcatters" (2005), 68 Sask. L. Rev. 23-77.
  • (with Mike Wenig), "Northern Gas Pipeline Policy and Sustainable Development: then and now?" in G. Bruce Doern (ed), Canadian Energy Policy and the Struggle for Sustainable Development, Toronto, University of Toronto Press , 2005, pp. 246-271.
  • "Environment: Garrison Dam, Columbia River, the IJC, NGOs" (2004), 30 Canada-United States Law Journal 117-127.
  • (with Alan Diduck, Doug Clark, and Derek Armitage) "Unpacking social learning in social-ecological systems: case studies of polar bear and narwhal management in northern Canada" in Breaking Ice: Renewable Resource and Ocean Management in the Canadian North, (ed Fikret Berkes et al), Calgary, The University of Calgary Press, 2005, pp. 269-290.
  • (with Fikret Berkes, Melissa Marschke, Derek Armitage and Doug Clark) "Cross-Scale Institutions and Building Resilience in the Canadian North" in Breaking Ice: Renewable Resource and Ocean Management in the Canadian North, (ed Fikret Berkes et al), Calgary, The University of Calgary Press, 2005, pp. 225-247.
  • "Exploring the roles of law and hierarchy in resilience: regulating resource harvesting inNunavut", in Breaking Ice: Renewable Resource and Ocean Management in the Canadian North, (ed Fikret Berkes et al),Calgary, The University of Calgary Press, 2005, pp. 291-315.
  • "Aboriginal Title to Petroleum: Some Comparative Observations on the Law of Canada, Australia and the United States" (2004), 7 Yearbook of New Zealand Jurisprudence 111-15
  • “Legal Systems”, in N. Einarsson & O. R. Young (eds), AHDR Arctic Human Development Report. Akureyri: Stefannson Arctic Institute, pp. 101-117.
  • "The Case for the Abolition of Free Entry Mining Regimes" (2004), 24(2) J. Land, Resources, & Envtl. Law 317-322.
  • "River treaties and changing values" (June/July 2004), Law Now, 16-18.
  • "The Dispute Resolution Provisions of Three Northern Land Claims Agreements" in Catherine Bell and David Kahane, Intercultural Dispute Resolution in Aboriginal Contexts, UBC Press, Vancouver, 2004, pp.298B328.
  • "Private Royalty Issues: A Canadian Viewpoint", Private Oil and Gas Royalties, Paper No. 8, pp. 1- 65, Rocky Mountain Mineral Law Foundation, 2003.
  • "The Columbia River Treaty: Responding to Changing Norms" (2003), 29 Curso de Derecho International 271 - 350, Comité Jurídico Interamericano
  • "Implementing the Fisheries Provisions of the Nunavut Claim: Re-Capturing the Resource?" (2003, 12 JELP 141-204.
  • "The Stockholm Convention in the Context of International Environmental Law" in Downie and Fenge (eds) Northern Lights Against POPs: Combatting Toxic Threats in the Arctic, McGill- Queen's University Press, Montreal and Kingston, 2003 at pp. 160 - 191.
  • (with Alastair Lucas), "Andrew Royden Thompson, 1925 - 2000 - "Environmental Lawyer, and Much More" (2000), 10 Journal of Environmental Law and Practice 1 - 15.
  • "Oil and Gas Rights Regimes and Related Access and Benefit Issues in Yukon and Northwest Territories" paper prepared for a conference on Oil and Gas Law: Selected Topics, convened by the Legal Education Society of Alberta, Calgary, November 23, 2000, 55 pp.
  • "Treaty Seven and the Surrender of Lands and Mineral Resources: Did it ever happen?" paper prepared for Oil and Gas Exploration and Development and Aboriginal Interests, Conference Convened by Pacific Business and Law Institute, November 23 and 24, 2000, pp.25.
  • (with Doug Rae), "Recent Cases on the Calculation of Royalties on First Nations' Lands" (2000), 38 Alta. L. Rev. 258 - 293
  • (with Alicia Quesnel), "Recent Judicial Developments of Interest to Oil and Gas Lawyers" (2000), 38 Alta. L. Rev. 294 - 363.
  • "Historical Sources of Water Law" paper prepared for a Conference on Water Law convened by Law Seminars International, October 14 and 15, 1999, Vancouver, BC, pp. 22.
  • Book review, The Polar Regions and the Development of International Law, by Donald R. Rothwell, (1998), 51 Arctic 62 - 63. 
  • "Delgamuukw, Division of Powers and Provincial Land and Resource Law: Some Implications for Provincial Resource Rights" (1998), 32 U.B.C. L. Rev. 317 - 351
  • (with Cheryl Sharvit), Aboriginal Title and Free Entry Mining Regimes in Northern Canada, Northern Minerals Program, Working Paper No. 2, Canadian Arctic Resources Committee, 1998
  • "Steps towards the International Regulation of POPs [persistent organic pollutants]" (1998), 25(2) Northern Perspectives 18 - 21.
  • "Compulsory Pooling under the Oil and Gas Conservation Act of Alberta" (1997), 35 Alta. L. Rev. 945 - 1012.
  • "Privity of Bailment - Liabiltiy of Sub-Bailee to Owner of Goods: The Pioneer Container" (1997), 28 Can. Bus. L.J., 245-270 (with N.S. Rafferty).
  • The Columbia Basin and the Columbia River Treaty: Canadian Perspectives in the 1990s, working paper published by Northwest Water Law and Policy Project, Northwestern School of Law of Lewis and Clark College, 1996, 110 pp.
  • "Environmental Security and Gas Exports" (1996), 53 Resources 1-5.
  • "International Watercourse Law and Forests", in, Canadian Councl on International Law (ed), Global Forests and International Environmental Law, Kluwer Law International, London, The Hague, Boston, 1996, pp. 137-191.
  • "Pooling Agreements in Canadian Oil and Gas Law" (1995), 33 Alta. L. Rev. 493-550.
  • "Water Law Reform in Alberta: Paying Obesance to the 'Lords of Yesterday' or Creating a Water Charter for the Future" (1995), 49 Resources 1-8.
  • "International Responsibility", in Harold Coward and Thomas Hurka (eds.), Ethics and Climate Change: The Greenhouse Effect, Wilfred Laurier Press, Waterloo, 1993, pp. 115-132.
  • "Aboriginal Peoples, Resource Exploitation and INternational Law", in Aboriginal Rights and International Law: The Proceedings of the 1993 Conference of Canadian Council on International Law, Ottawa, 1993, pp. 72-88.
  • "Bilateral Issues: Alaska - Yukon and the Proposal for an International North Slope Wilderness Area" in Proceedings of a Conference on a Northern Foreign Policy for Canada, Canadian Polar Commission, 1994, pp. 152-155.
  • Canadian Oil and Gas, 2nd edition, Butterworths, (1991-1993 and continuing), 10 Volumes (with Bennett Jones Verchere).
  • "The Oil and Gas Industry: Some current Problems in Environmental Law" in Geoffrey Thompson et al. (eds.), Environmental Law and Business in Canada, Canada Law Book Inc., Aurora, 1993, pp. 543-569 (with P. Rowbotham).
  • "Towards Sustainable Development in Canada's Arctic: Policies and International Relations" in Hampson and Maule (eds.), Canada Among Nations: 1993-94, Carleton University Press, Ottawa, 1993, pp. 170-189 (with T. Fenge and S. Kalff).
  • "Ethics and Resource Takings: The Schwindt Report" (1993), 41 Resources, 1-7.
  • "Marketing Electricity: Alberta Review Raises Key Issues for a Sustainable Energy Policy" (1992), 38 Resources 7-11 (with J. Keeping).
  • "Constitutionalized Intergovernmental Agreements and Third Parties: Canada and Australia" (1992), 30 Alta L. Rev. 524-554.
  • "Jurisdictional Problems in Relation to the Assessment of Hydro Projects in the Nunavik Region of Quebec" in Contaminants in the Marine Environment of Nunavik, Makivik Corpn, and the Centre d'etudes nordiques, Université Laval.
  • "The Board of Investigation and the Water Rights of Indian Reserves in British Columbia, 1909-1926" in Kery Abel and Jean Friesen (eds.), Aboriginal Resource Use in Canada: Historical and Legal Aspects, University of Manitoba Press, Winnipeg, 1991, at pp. 219-245.
  • Canadian-U.S. Relations in the Arctic Borderlands, Canadian Arctic Resources Committee, Ottawa, 1991 (with L. Staples)
  • "Shaping the Future or Meeting the Challenge? The Federal Constitutional Proposals and Global Warming" (1991), 36 Resources 1-6.
  • "Co-operative Federalism: Third Parties and Intergovernmental Agreements in Canada and Australia" (1991), 29 Alta L. Rev. 792-838.
  • "International Law Reform and the Protection of the Arctic" in Report of the Canadian Bar Association on Sustainable Development in Canada: Options for Law Reform, 1990, at pp. 265-271.
  • "A Tenant's Remedies for a Landlord's Breach: The Impact of Lehndorff Canadian Pension Properties Ltd. v. Davis Management Ltd." (1990), 24 U.B.C. L. Rev. 155-189 (with N.S. Rafferty).
  • "Legal Prescriptions for an Atmosphere that will Sustain the Earth", in Saunders (ed.) The Legal Challenge of Sustainable Development, pp. 155-181, Canadian Institute of Resources Law, Calgary, 1990.
  • "Forty Years of Canadian Sovereignty Assertion in the Arctic 1947-87" (1987), 40 Arctic 285-291.
  • "The Status of Hudson Bay" (1987), 15 (3) Norther Perspectives 14-15.
  • "A Legal Argument" in Peter J. Usher and N.D. Bankes, Property, The Basis of Inuit Hunting Rights - A New Approach, at 43-77, Inuit Committee on National Issues, Ottawa, 1986.
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