The Power of Perspectives

The Canadian Bar Association

Luis Millán

Climate

Arctic freeze: Governing the high seas

By Luis Millán December 11, 2018 11 December 2018

Arctic freeze: Governing the high seas

 

Overfishing is often cited as one of the most tragic failures of our stewardship of the commons. The warming of the Arctic Ocean is another. The combined effects of the two could be truly appalling.

The smallest and shallowest of the world’s five oceans is warming at almost three times the global average rate. In the last three decades, the area covered by Arctic sea ice in the summer has shrunk by roughly 40 per cent. For struggling global fisheries, this presents a unique opportunity to tap into pristine marine environments, mostly inaccessible until now.

For now, though, major fishing nations have decided to forestall such ambitions. In October, nine countries – Canada, the U.S., Russia, Norway, Denmark, Iceland, Japan, South Korea, and China – along with the EU, signed a historic, legally binding moratorium that prohibits commercial fishing in the high seas of the Central Arctic Ocean.  Inuit populations from Canada, Greenland, the Russian region of Chukotka, and Alaska were also represented by the Inuit Circumpolar Council and contributed to many provisions included in the agreement.  Their involvement could be the key to the Central Arctic Ocean moratorium’s success.

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Legal marketplace

How litigation funding works in the commercial context

By Luis Millán September 17, 2018 17 September 2018

How litigation funding works in the commercial context

 

Legal disputes can be expensive and risky. They can also hold a great deal of value, which is why a growing number of investors reckon they can insulate themselves against market swings by funding litigation in return for a generous share of the proceeds.

The industry is also growing in sophistication. A practice that started by catering to plaintiffs unable to finance expensive lawsuits against deep-pocketed companies is quickly evolving into an industry that will also bet on big-ticket commercial litigation: Contract disputes, patent and trademark litigation, insolvency litigation, international arbitration. All are growing areas for litigation funding. And institutional investors — from endowment and hedge funds to private equity funds — are taking notice by ramping up their efforts to pour billions of dollars to funds that invest in what they consider is a promising asset class. As Christopher Bogart, the chief executive at publicy-traded Burford Capital, recently told the Financial Times, litigation funding is “a regular part of legal economics.”

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Article

Pension meltdown

By Luis Millán April 23, 2014 23 April 2014

Pension meltdown

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Article

Regulating the flow of data

By Luis Millán September 30, 2013 30 September 2013

Regulating the flow of data

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Article

Labour pains

By Luis Millán April 23, 2013 23 April 2013

Labour pains

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