bluuebunny/crossref_metadata_2025 huggingface dataset:
Ecos da pretexta latina em nossos dias
Authors: Cardoso Zelia De Almeida
Published: December 2018

No século III a.C., quando o teatro culto foi introduzido em Roma, alguns poetas itálicos compuseram as primeiras “fábulas pretextas”, dramas cujos enredos se baseavam na história romana, em acontecimentos coetâneos ou em lendas latinas. Entretanto, embora a produção de pretextas se tenha estendido da época republicana ao período imperial, apenas Otávia, drama de autoria discutível, que aborda a condenação da esposa de Nero, chegou na íntegra até nossos dias. Durante o Renascimento, o período barroco e o neoclassicismo numerosos dramaturgos modernos voltaram a explorar assuntos romanos históricos e lendários em suas peças, ressuscitando a pretexta. Nos séculos XIX e XX, os temas relacionados com a história de Roma foram também abordados no romance e no cinema, enquanto novos dramas deram continuidade às antigas pretextas. A análise de diversos espetáculos que têm algum vínculo com fatos sucedidos na Antiguidade romana, realizados em São Paulo no século XXI, demonstra a presença da cultura clássica no teatro hodierno, desafiando o tempo e as circunstâncias.
Christus Patiens e a recepção da tragédia de Eurípides no império bizantino
Authors: De Sousa Junior Waldir Moreira
Published: December 2018

Este artigo visa analisar como se deu a recepção da tragédia de Eurípides em um determinado local e momento do império bizantino. Para isso, será estudada a obra Christus Patiens, cuja autoria é atribuída, não sem contestação, a Gregório de Nazianzo. Essa peça, feita a partir de versos vindos sobretudo da obra de Eurípides, à maneira de centão, consegue amalgamar elementos aparentemente díspares: a partir de um obra pré-cristã plasma-se uma tragédia cristã. Assim, será analisado de que maneira os versos euripidianos foram adaptados para a feitura de uma obra cristã. Argumento que a compatibilização entre essas diferentes estruturas de pensamento é realizada nitidamente a partir da construção da personagem Maria.
“Ifigênia em Áulida”, de Eurípides: entre a tradição homérica e a herança esquiliana
Authors: De Paoli Beatriz
Published: December 2018

Este artigo tem por objetivo indicar e comentar, na tragédia Ifigênia em Áulida, de Eurípides, a recepção da Ilíada de Homero e do Agamêmnon, de Ésquilo, de modo que, como procuraremos demonstrar, essa tragédia euripidiana se articula no entrecruzamento de uma tradição homérica, sobretudo iliádica – silenciosa a respeito do sacrifício da filha de Agamêmnon – e uma herança da tragédia esquiliana, em que não apenas se narra o sacrifício de Ifigênia, mas também se evidenciam suas amargas consequências.
Una serie de retratos de escuela francesa del Museo del Prado en relación con la colección de María Luisa de Orleans: sugerencias y precisiones.
Authors: Puerto Mendoza Eduardo
Published: December 2018

La reina María Luisa de Orleans (1662-1689), primera esposa de Carlos II, reunió en el Alcázar de Madrid una colección de pinturas compuesta principalmente por retratos que, tras su muerte, pasaron a la colección real sin que hasta la fecha se haya se haya relacionado ninguna de esas obras con las actualmente conservadas.El artículo analiza una serie de retratos de familiares de esta reina que hoy se conservan en el Museo del Prado y se sostiene su origen en la colección de esta soberana a partir del estudio de los inventarios realizados. Igualmente se propone la identificación de algunos de los personajes representados que hasta ahora figuran como desconocidos o con otra identificación.
Dibujos de Duque Cornejo en el Álbum Jaffe (II): la colección del Hood Museum of Art
Authors: García Luque Manuel
Published: December 2018

Este artículo constituye la segunda parte de un trabajo previo sobre los dibujos del escultor, pintor y arquitecto de retablos sevillano Pedro Duque Cornejo (1678-1757) que formaron parte de un álbum de dibujo desmembrado, conocido como “álbum Jaffe”. En esta ocasión el estudio se ha centrado en el lote conservado en el Hood Museum of Art, Hanover (EEUU), en el cual han sido descubiertos treinta y siete nuevos dibujos atribuibles a este prolífico artista del Barroco andaluz.
Oligothiophene Synthesis by a Distinct, General C−H Activation Mechanism: Electrophilic Concerted Metalation-Deprotonation (eCMD)
Authors: Wang Long , Carrow Brad
Published: December 2018

Oxidative C–H/C–H coupling is a promising synthetic route for the streamlined construction of conjugated organic materials for optoelectronic applications. Broader adoption of these methods is nevertheless hindered by the need for catalysts that excel in forging core semiconductor motifs, such as ubiquitous oligothiophenes, with high efficiency in the absence of metal reagents. We report a (thioether)Pd-catalyzed oxidative coupling method for the rapid assembly of both privileged oligothiophenes and challenging hindered cases, even at low catalyst loading under Ag- and Cu-free conditions. A combined experimental and computational mechanistic study was undertaken to understand how a simple thioether ligand, MeS(CH2)3SO3Na, leads to such potent reactivity toward electron-rich substrates. The consensus from these data is that a concerted, base-assisted C–H cleavage transition state is operative, but thioether coordination to Pd is associated with decreased synchronicity (bond formation exceeding bond breaking) versus the classic concerted metalation-deprotonation (CMD) model. Enhanced positive charge build-up on the substrate results from this perturbation, which rationalizes experimental trends strongly favoring π-basic sites. The term electrophilic CMD (eCMD) is introduced to distinguish this mechanism. More O'Ferrall-Jencks analysis further suggests eCMD should be a general mechanism manifested by many metal complexes. A preliminary classification of complexes into those favoring eCMD or standard CMD is proposed, which should be informative for studies toward tunable catalyst-controlled reactivity.
A CONSTRUÇÃO IDENTITÁRIA DOS ADOLESCENTES POBRES DE PERIFERIA NA ERA DA SOCIEDADE DE CONSUMO E DA INDÚSTRIA CULTURAL
Authors: Maria Pires Caniato Angela , Salci Palelasso Mônica , Valdelaine Balduino Naira
Published: December 2018

O presente trabalho é decorrente do Projeto de Pesquisa Intervenção “Phenix – a ousadia do renascimento do indivíduo-sujeito – fase IV”, vinculado a Universidade Estadual de Maringá. As teorizações aqui realizadas partiram de encontros realizados entre graduandos e pós-graduandos de psicologia com adolescentes pauperizados de uma escola pública localizada na periferia de Maringá-PR, cujo foco foi propiciar uma reflexão crítica acerca do cotidiano desses adolescentes a partir de Psicanálise e de pressupostos da Teoria Crítica de Adorno. A princípio serão apresentadas nesse trabalho algumas considerações sobre os processos de identificação, adesão e reprodução de discursos totalizantes relacionados a ideias meritocráticas e patriarcalistas que foram discutidas com os adolescentes, com o intuito de desmistificar alguns modelos pré-formatados de família, de homem e de mulher impostos na sociedade contemporânea. Na sequência, serão realizadas breves considerações sobre as especificidades do adolescer dentro de um contexto pauperizado e significativamente marcado pelos imperativos do consumo, via indústria cultural.
Parámetros de calidad de cuatro tipos de formulaciones a base de Trichoderma asperellum y Purpuricillium lilacinum
Authors: Viera William , Noboa Michelle , Bermeo Johana , Báez Francisco , Jackson Trevor
Published: December 2018

El género Trichoderma y en menor grado Purpureocillium, han sido estudiados ampliamente por sus propiedades como microorganismos benéficos y su eficacia en el control de enfermedades. Sin embargo, la eficacia biológica, no es el único parámetro que se considera al momento de formular un microorganismo; la viabilidad, la pureza y la concentración en la formulación, son características importantes para asegurar el éxito en campo. El propósito de este estudio fue probar distintos tipos de formulaciones (gránulos, polvos, líquidos) registrar su comportamiento en el tiempo, utilizando las variables viabilidad, concentración y pureza para seleccionar las mejores formulaciones en función de estos parámetros. Como resultado se obtuvo que los bioformulados a base de T. asperellum presentaron mayor estabilidad durante el almacenamiento, siendo más estables las formulaciones sólidas secas en comparación con los productos líquidos. En los formulados para P. lilacinum, se observó que la presentación de polvos mojables mostró la concentración y la estabilidad más alta en el tiempo.
Sliding modes control for a heat Exchange system: experimental validation
Authors: Pérez Pirela Maribel Cecilia , García Sandoval Juan Paulo
Published: December 2018

Sliding modes control (SMC) is a nonlinear control method with a systematic design procedure that allows to obtain a explicit solution for the control input. This method has some advantages, such as robustness against external disturbances and unpredictable parametric variations. On this work, two conventional SMC techniques, one using the error and other using the error integral, are designed and validated in a heat exchange system composed of a single pass circulation electric heater, whose control objective is to regulate the output temperature of the fluid, under the influence of external disturbances, such as variations in the flow and inflow temperature, manipulating the electric current passing through the heater resistance. The two SMC algorithms are analyzed using numerical simulations and their performance is compared through the integral absolute error and the integral absolute control input, selecting the best one to be tested experimentally. The experimental results indicate that the SMC is capable of fulfilling the control objective with satisfactory performance. 

Keywords: Conventional sliding modes control; heat exchange system; nonlinear control.
Effects of Some Extraction Solvents on the Antioxidant Properties of Strawberry Fruit
Authors: Karaaslan Nagihan M. , Karaaslan Merve Goksin , Ates Burhan
Published: December 2018

In this
paper, antioxidant activity of strawberries extracted with different solvents was
investigated since they are consumed by people due to their anticancer,
anti-atherosclerotic, anti-inflammatory and anti-neurodegenerative properties.
For this purpose, different acidified extraction solvents such as water (ES1), acetone (ES2), acetonitrile (ES3),
methanol (ES4) and ethanol (ES5) were used in extraction process of
strawberries. The effects of different extraction solvents on the antioxidant
activity were evaluated by measuring the reducing power, 2,2′-azino-bis(3-ethylbenzothiazoline-6-sulfonic acid
(ABTS) radical scavenging activity, 1,1-diphenyl-2-picrylhydrazyl
(DPPH) radical scavenging activity, total flavonoid content (TFC) and total phenolic content (TPC). Experimental
results indicated that the obtained data varied with different extraction
solvents. All antioxidant activity assay results showed that the highest results
were obtained with acetone extracts.
Aboriginal Rights and State Obligations
Authors: MacKlem Patrick
Published: December 2018

This article investigates the nature and scope of Canada's constitutional obligations towards Aboriginal people. Specifically, the author explores the question of whether or not constitutional recognition of Aboriginal rights imposes a positive constitutional obligation on governments in Canada to provide economic or social benefits to Aboriginal people. He examines approaches which would either confirm or deny the existence of such an obligation and argues for a middle ground between these extremes which would require governments to provide some benefits in certain circumstances. Whether or not a particular social or economic benefit is required by s. 35(1) of the Canadian Constitution would depend on whether or not it is integral to the protection of one of the purposes or interests served by constitutional recognition and affirmation of Aboriginal rights in general. These purposes or interests include respect for Aboriginal identity, territory, and sovereignty. In addition, domestic fiduciary obligations and international human rights documents support the view that federal, provincial, and territorial governments ought to provide certain social and economic benefits to Aboriginals.
The Alberta Court of Appeal Opines on the S.E.F. No. 44 Limitation: The Status Quo and the Unresolved
Authors: Duckworth Geoffrey
Published: December 2018

The oft-criticized ambiguity of the Family Protection Endorsement S.E.F. No. 441 has resulted in another Alberta Court of Appeal decision which holds that there are, essentially, two triggers regarding the “discoverability” limitation in clause 6(c) of the endorsement. While the Court preserved the potential that some claims against insurers will be barred prior to settlement or judgment, the consistency of the approach reduces uncertainty about when the limitation period begins to run, minimizing the risk of precautionary claims against insurers.
The First Pancake Always Has Lumps: Alberta Petroleum Companies, Arbitration and Arbitral Award Enforcement in the Russian Federation
Authors: Cioni Anthony
Published: December 2018

Alberta petroleum companies stand to benefit a great deal from joint-venture operations in Russia; however, the potential risks involved are enormous as well. This article examines means by which Alberta companies can protect themselves, namely through arbitration agreements, and some important terms that should be drafted into such contracts. As well, an analysis is provided of the arbitration system and some possible outcomes should a dispute arise once an Alberta company has commenced operations in Russia.
Comparing Aboriginal and Other Duties to Consult in Canadian Law
Authors: Carver Peter
Published: December 2018

This article compares recent Aboriginal rights and labour relations court decisions to assess the way the Canadian jurisprudence has conceptualized the duty to consult. While traditionally the duty to consult has been considered a constitutional duty, enshrined in section 35(1) of the Constitution Act, 1982 and section 2(d) of the Canadian Charter of Rights and Freedoms, the author suggests that courts have had great difficulty conceptualizing this duty as a constitutionally required process. The author’s analysis reviews the sources and purposes of constitutional duties to consult and the hurdles the courts have faced in applying the duty meaningfully, and drawing on concepts from administrative law, offers a tentative solution to the problem of making consultative practices effective.
Ambiguity and the Amendments to the Alberta Land Stewardship Act
Authors: Lavelle Maria
Published: December 2018

Recent amendments to the Alberta Land Stewardship Act (ALSA) are ambiguous, and the amended Act risks being interpreted in such a way as to undermine the purpose of Alberta’s Land-use Framework (LUF) and result in more land use planning controversy. The LUF is intended to ensure the future economic growth of the province balanced with the achievement of societal and environmental goods. The LUF can be understood as reflecting a modern liberal approach to land use planning such that government regulation is applied to all property, whether publicly or privately owned. This article argues that the resulting amendments are ambiguous and could be interpreted as reflecting a different understanding of property rights rooted in classical liberalism. The result is that the amended ALSA might not be interpreted in such a way that furthers the goals of the LUF. This article suggests that if the legislation is intended to implement the LUF, then any amendments to the ALSA should be unambiguously consistent with the underlying values of the LUF. It also suggests areas where the processes under the Act could be made more open and transparent so as to be more coherent with modern liberalism.
The Limits of Derivative Actions: The Application of Limitation Periods to Derivative Actions
Authors: Thompson Robert W. , Jeffers Scott T. , Chisholm Codie L.
Published: December 2018

Limitation periods are an integral and significant aspect of the litigation process in Canada. Although the application of limitation periods may often seem harsh, they are generally considered to be beneficial by bringing stability to society and by providing an incentive to plaintiffs not to “sleep on their rights.” However, in corporate derivative actions (actions brought by a shareholder against directors or officers of the corporation on the corporation’s behalf), the application of a limitation period presents certain issues that could result in such goals not being advanced. Specifically, two main issues arise, namely; who is the claimant for the purposes of limitation periods, and how do limitation periods apply to leave applications? The authors propose that the Canadian judiciary should adopt the adverse domination doctrine, applying the majority test, and explicitly hold that the filing of the leave application is sufficient to bring the derivative action within the limitation period. This approach would be consistent with the separate corporate existence principle and the purposes underlying limitation periods, as well as providing certainty and predictability to the adjudication of derivative action claims.
Fiduciary Law and the Constructive Trust: Perfecting the Fiduciary Undertaking
Authors: Toole Ciara
Published: December 2018

Two recent unanimous decisions from the Supreme Court of Canada in Galambos v Perez and Alberta v Elder Advocates of Alberta Society have narrowed and refreshed the requirements for recognizing fiduciary relationships and obligations. All fiduciary obligations must be founded by an undertaking, either express or implied, on the part of the fiduciary to act in the best interest of the beneficiary. At the heart of the fiduciary obligation, the undertaking of a fiduciary may also serve as a foundation for the goals of fiduciary accountability. The developing “Galambos approach” remains incomplete in its application in this regard. In the spirit of Galambos and Elder Advocates, I propose that the undertaking of the fiduciary can provide principled guidance in the availability of gain-based relief for breach of fiduciary duty. Particularly, I suggest that the imposition of a constructive trust as proprietary gain-based relief may be rationalized under the objective of perfecting or enforcing the fiduciary undertaking. To demonstrate my proposal, I investigate three example undertakings and breaches of fiduciary duty in which the fiduciary acquires property through the breach of duty. By grounding this overall discussion towards a conceptual remedial goal of enforcing the fiduciary’s undertaking, Galambos may spark the development of a principled approach to understanding both the making and the breach of fiduciary obligations.
Oil Sands Mining Reclamation in Alberta: A Discussion of the Prior Regime and the New Mine Financial Security Program
Authors: Perry Chrysten , Saloff Craig
Published: December 2018

This article discusses the oil sands mining regime in Alberta, focusing on the prior reclamation regime, its shortcomings, and the events that led to its overhaul. The newly enacted Mine Financial Security Program (Alberta) is discussed, together with an analysis of whether the problems under the prior reclamation regime have been adequately addressed. Finally, the authors discuss matters that should be taken into account when drafting agreements that involve the funding or performance of reclamation obligations in oil sands mining projects in Alberta.
The Jurisdiction of the Alberta Surface Rights Board Under Section 30 of the Surface Rights Act
Authors: Nykolaishen Sarah , Bankes Nigel
Published: December 2018

This article examines the jurisdiction of the Surface Rights Board of Alberta to award damages under section 30 of the Surface Rights Act. Section 30 provides owners and occupiers with a statutory cause of action for losses or damages caused to their lands through the activities of an operator. In examining and contrasting jurisprudence under section 30 of the Surface Rights Act with common law tort causes of action, the authors opine that while section 30 does not prevent an owner or occupier from bringing a tort action in relation to loss or damage, a tort action may not be a viable option. The authors therefore propose that in particular situations, section 30 of the Surface Rights Act provides an alternative cause of action through which an owner or occupier may seek damages. The article concludes by finding that section 30 possesses a lower threshold regarding the elements of the cause of action as well as the issue of causation in comparison to common law tort causes of action.
Proportionality as a Remedial Principle: A Framework for Suspended Declarations of Invalidity in Canadian Constitutional Law
Authors: Hoole Grant R.
Published: December 2018

The aim of this article is to provide an analytic framework for the governance of suspended declarations of invalidity in Canadian constitutional law. A suspended declaration is a remedial device by which a court strikes down a constitutionally invalid law, but suspends the effect of its order such that the law retains force for a temporary period. While introduced to Canadian law under circumstances of exigency, suspended declarations have grown to be used liberally by the courts, and the principles that previously confined them have been abandoned. As a result, constitutional rights — including those protected in the Charter of Rights and Freedoms — have sometimes been suspended without just basis. I propose a means to reverse this trend: by adopting proportionality, a core feature of the analytic method used to adjudicate limitations on Charter rights, as a remedial principle guiding the use of suspended declarations. Proportionality analysis is capable of navigating the features of remedial discretion engaged by suspended declarations, while reconciling the latter with Canada’s constitutional principles.
Charting the Wrong Course: The Doctrine of Legitimate Expectations in Investment Treaty Law
Authors: Zeyl Trevor
Published: December 2018

The need to redefine the scope of the doctrine of legitimate expectations in investment treaty law is apparent. This article examines the domestic sources of the doctrine of legitimate expectations in order to evaluate whether investment treaty tribunals are justified in interpreting the doctrine of legitimate expectations to include substantive expectations. It concludes that recognizing substantive expectations as a part of the general principles of law is at this point premature and amounts to a misstatement of a general principle of law. There must be due consideration to the notion of deference as found in different domestic jurisdictions, including the doctrines of constraint found in common law.
Globalization, International Human Rights, and Civil Procedure
Authors: Farrow Trevor C. W.
Published: December 2018

This article discusses the modem convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War II international human rights project. Second—in contemplation of the specific context of teaching civil procedure—to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.
Removing all Reasonable Cause of Discontent: Noteworthy Decisions of the Alberta Court of Appeal in Aboriginal Litigation
Authors: Normey Robert
Published: December 2018

This article examines the past 100 years of Aboriginal litigation at the Alberta Court of Appeal. It begins by describing pre-Charter cases related to historical hunting rights. It then examines cases related to division of power issues before describing cases concerning religious freedom, freedom to associate, and equality rights. Afterwards, cases concerning post-Charter Aboriginal and Métis hunting rights are discussed. Finally, the concepts of honour of the Crown and fiduciary duty are considered.
The International Criminal Court: A Failure of International Justice for Victims?
Authors: Thynne Kelisiana
Published: December 2018

The International Criminal Court marked its tenth anniversary in 2008. In conjunction with that milestone, this article considers the status of international justice in the context of victims’ rights in the Court’s proceedings. The author presents a case study of the Thomas Lubanga Dyilo case and, in doing so, explores the reasons why the Court might already be failing to provide international justice for victims of international crimes. The article specifically discusses the rights of victims of gender-based crimes and the intersection between victims and justice in the Court. The author also offers suggestions of how the Court can better achieve international justice for victims as it moves forward with its first cases.
Democratic Implications Arising from the Intersection of Investment Arbitration and Human Rights
Authors: Choudhury Barnali
Published: December 2018

In the last two decades, investors have taken advantage of investment arbitration mechanisms in investment treaties to challenge state regulations, often implicating human rights issues. This article examines the conflict between states’ human rights obligations and their obligations under investment treaties. The first part of the article examines common obligations arising under investment treaties and the investment arbitration process created by the treaties. In the second part, the author examines the way in which investment treaties and arbitrations impact human rights concerns. In particular, the author reviews a number of human rights, including the right to water, the right to health, and rights related to culture. The author also examines common provisions of investment treaties that are particularly problematic in terms of human rights issues: expropriation and fair and equitable treatment. The author analyzes the democratic deficit inherent in the creation of investment treaties and the structure of investment arbitration, concluding that investment treaties generally lack true democratic consent, and that investment arbitration lacks sufficient transparency and protection for minority rights to reflect true democratic principles. The article concludes with suggestions for reform to address the democratic deficit of investment arbitration through both the provisions of investment treaties and the structure and procedure of arbitration.
Finding Order in Calgary's Cash Corner: Using Legal Pluralism to Craft Legal Remedies for Conflicts Involving Marginalized Persons in Public Spaces
Authors: Liew Jamie C.Y.
Published: December 2018

Binners, book and magazine sellers, day labourers protestors, and sex workers are fixtures in our Canadian urban jungle that the law seeks to regulate. Legal responses to the existence of marginalized persons in public spaces have aimed at excluding them from public space. Much of the work employing legal pluralism as a lens through which we view our urban landscape focuses on the effect of the law on marginalized communities. The courts are increasingly being asked by marginalized communities to mediate conflicts arising in public spaces. This article analyzes this effect on marginalized communities and suggests that, in finding remedies, the courts should take guidance from ethnographic research using a legal pluralism lens.
Ghost Dancing with Colonialism: Decolonization and Indigenous Rights at the Supreme Court of Canada, Grace Li Xiu Woo (Vancouver: UBS Press 2011)
Authors: Reilly The Honourable John D.
Published: December 2018

I write this review at the request of the Alberta Law Review. I assume they asked me for a couple of reasons. First, I sat as a judge for over thirty years, presiding over most of the cases arising on the Stoney Indian Reserve at Morley, Alberta. Second, I have written a book, based on that experience, entitled Bad Medicine: A Judge’s Struggle for Justice in a First Nations Community.
You Don't Know What You've Got 'Til It's Gone: The Rule of Law in Canada - Part I
Authors: Watson Jack
Published: December 2018

The expression “rule of law” is multifaceted and entails a complex network of concepts. Although the expression is used frequently, its intended meaning is often connected to the context in which it is invoked. As the rule of law is so often used in a contextual manner, its conceptual underpinnings are often only partially understood and appreciated. The author examines the historicity of the rule of law and analyzes the concepts contained within the expression in order to give an explanation of their meaning, importance, and implications. A theme persisting throughout the article is that of the threats to the rule of law, both in general and in our Canadian context. An importance of the article is that the author, having provided the reader with an account of the rule of law, also provides the reader with the ability to appreciate, discern, and be vigilant against the threats to the rule of law. This article is Part I of a two-part series.
Introduction: Back to the Future of Law School
Authors: Adams Eric M.
Published: December 2018

No abstract available.
Recent Regulatory and Legislative Development of Interest to Oil and Gas Lawyers
Authors: Cusano Luigi A. , Wood David M.
Published: December 2018

In this article the authors highlight regulatory and legislative developments during the period of May 2000 through April 2001 that are of particular interest to oil and gas lawyers. Decisions of the National Energy Board and the Alberta Energy and Utilities Board are the primary focus for regulatory developments. Key policy developments, guidelines and directives of the AEUB, the Canadian-Newfoundland Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board are also examined.

With respect to legislative developments, particular emphasis is placed on Alberta and federal legislative developments, although notable developments in other jurisdictions are also highlighted.
Oil and Gas Development in Western Canada in the New Millenium: The Changing Legal Framework in the Northwest Territories, the Yukon, and Offshore British Columbia
Authors: Carpenter Sandy , Low Cecilia A. , Olynyk John
Published: December 2018

This article explores recent changes with respect to oil and gas development in Western Canada. It explains the new legal regime being implemented to regulate oil and gas development in the Northwest Territories, the Yukon, and British Columbia. The authors provide an analysis of how this legal regime differs from the previous regulatory frame work, and they give an in-depth analysis of how this impacts on various actors in the industry.
Aspects of International Petroleum Agreements
Authors: Greenfield Don , Rooney Bob
Published: December 2018

The authors consider the inclusion of four types of provisions in international petroleum agreements: frameworks for appraisal determining commerciality, minimum work commitment sections, force majeure clauses and provisions for international dispute resolution. In discussing each of these areas, the authors include sample clauses and consider issues that may impact on the of such clauses, from the point of view of international oil companies and host countries.
Comparative Analysis of Gas Purchase Contracts
Authors: Holland Gary A.
Published: December 2018

Gas Purchase Contracts, like all other contracts in the oil and gas industry, are constantly in the process of evolution and there are many existing forms of Gas Purchase Contracts. This article consists of comparative analysis of the provisions of four Gas Purchase Contracts in use in the natural gas indus try. The article commences with discussion of clause that has only recent ly been included in Gas Purchase Contracts in Western Canada, the prepay ment clause, indicates possible income tax problems arising out of the clause and considers provisions with respect to repayment of the prepayment. The article then discusses the most favoured nations clause and points out that it is important to determine the extent of the applicability of the clause to the provisions of subsequent contract. The article concludes with an analy sis of the remaining clauses in typical Gas Purchase Contract.
American Tax Considerations in the Drafting of Canadian Joint Operating Agreements
Authors: Curran John F.
Published: December 2018

Many operators in Canada's oil and gas industry are subject to taxation under the United States Internal Revenue Code. In their Canadian activities, operations and agreements, these operators seek to preserve any tax benefits that they may have under the income tax laws of the United States. This article outlines the tax advantages which the United States operator wishes to preserve, such as avoidance of the status of an on Canadian operators not subject to United States tax laws, and suggests draft clauses that may be included in Canadian joint operating agreements to preserve United States tax benefits for the American operator.
Implications of Constitutional Change for the Oil and Gas Industry
Authors: Thompson Andrew R.
Published: December 2018

This article relates the problems of constitutional change directly to the oil and gas industry. The article outlines the present constitutional position of the oil and gas industry under the B.N .A. Act, 1867, comments on the current psychological and philosophical approaches to constitutional change, identifies the specific points of clash between the federal and provincial governments with respect to regulation of the oil and gas industry, and concludes by postulating some guidelines for constitutional change affecting the oil and gas industry.
An Appraisal of Alberta's New Prorationing Scheme
Authors: Vavra Steve
Published: December 2018

Alberta's new prorationing scheme was released by the Oil and Gas Conservation Board in July of 1964, and will be fully implemented on the 1st day of May, 1969. This article discusses the evolution and implementation of the proration concept, explores the necessity for proration and analyzes the principles upon which a sound proration scheme must be based. The author compares the new proration plan with the Board's former plan and concludes that the new plan is a novel approach to proration which, upon full implementation, may not entirely fulfil the prime functions of a proration scheme, which is the prevention of waste and the protection of correlative rights.
Oil and Gas Industry Financing
Authors: Rae C. A.
Published: December 2018

The demand for crude oil and natural gas is constantly increasing. To keep up with this demand the oil and gas industry must spend vast sums of. money· to find new petroleum deposits to replenish the depleted reserves. Conventional financing techniques are used to finance the transportation, refining and marketing operations of the oil and gas industry, but the financing of oil and gas exploration and production requires special techniques. This paper discusses the common methods of financing the production end of the Canadian oil and gas industry.
The New Regime in Natural Gas Pricing in Alberta
Authors: Saville Francis M.
Published: December 2018

Traditionally, the price of petroleum and natural gas in Canada has been relatively low. However, recent changes in the international market have placed pressures upon the federal and provincial governments to reassess the pricing of these commodities. As consequence, Alberta has, in an effort to raise natural gas prices, passed the Arbitration Amendment Act, which forces the field price of gas towards the commodity value and the Natural Gas Pricing Agreement Act, which acts as an agreement with the federal government regarding natural gas prices. At the same time, the federal government has enacted the Petroleum Administration Act to regulate the price of crude oil and natural gas. This article discusses the various acts, in particular the Natural Gas Pricing Agreement Act, as well as the con stitutionality of such legislation and the future pricing of natural gas in Canada.
Drilling and Service Contracts in Offshore Oil and Gas Operations
Authors: Killey J. M.
Published: December 2018

As onshore oil and gas deposits are becoming more difficult to locate, and as the world demands for energy continue to increase at an alarming rate, oil companies are channeling much of their exploration activities towards offshore operations, and in particular, towards operations centered off Canada's coast lines. Because of the environment, offshore drilling presents problems which are novel to the onshore-geared oil industry. J. M. Killey discusses in detail many of the considerations involved in drafting the offshore drilling contract, concentrating on problems such as the liability of the various parties; costs; scheduling; pollution; conflict of laws; etc. Similarly, he discusses service contracts (such as supply boat charters; towing services; helicopter services; etc.^ which are necessity to the operation of an offshore drilling rig. To complement his paper, the author has included number of appendices which list the various considerations lawyer must keep in mind when drafting contracts for offshore operations.
New Relationships on the East Coast: Alliancing, Labour Relations at Hibernia, the Sable Gas Joint Public Review
Authors: Black Doug , Penick Van , Gilmour Brad
Published: December 2018

The authors examine the need for new and innovative approaches to oil and gas operations in light of the changing economic culture. In particular, the need for environmental assessments, alternative financing arrangements, complex tax rules and increased cross-border associations all require a more cooperative and flexible approach to completing a successful resource project.

The authors canvass three major developments: (1) the need for and the benefits and disadvantages of alliancing including contract formation, current alliances in the Canadian off-shore petroleum industry; (2) the impact of labour relations on the off-shore petroleum industry using the Hibernia project as an illustration; and (3) the joint public review panel on the Sable Gas project as an indicator of public participation.
What You Always Wanted to Know About the Accounting Provisions of the Foreign Corrupt Practices Act (But Were Afraid to Ask)
Authors: Spindler Michael S.
Published: December 2018

The Foreign Corrupt Practices Act (FCPA) is the focus of this practical guide to safeguarding against improper business payments. The reader is provided with a brief history of the FCPA. along with an examination of the Act's objectives and recordkeeping requirements. Methods of ensuring compliance with the FCPA are suggested, with a focus on the communication of standards to domestic and foreign employees, agents, associates and officers.
Recent Legislative and Regulatory Developments of Interest to Oil and Gas Lawyers
Authors: Greenfield D. , Mintz C. , Bourgeault E.
Published: December 2018

This article canvasses recent legislative and regulatory developments in oil and gas law at the provincial and federal levels. The treatment is western in outlook, focusing on changes within the oil and gas field in Alberta, while taking note of developments of interest in British Columbia and Saskatchewan.
Competition Law Issues in the Upstream Oil and Gas Industry
Authors: Chandler Harry
Published: December 2018

The Competition Act has many implications for Canada's oil and gas industry. To assist the industry in understanding the application of the Act, the author reviews the treatment of horizontal agreements in restraint of trade and describes some of their statutory and jurisprudential defences. The enforcement agency's Program of Compliance and current law enforcement policies are also detailed.
Ownership of Evolved Gas in Split Title Situations
Authors: Pasieka James M. , Cameron N. Glenn
Published: December 2018

This paper analyzes the ownership of evolved gas where ownership of the petroleum rights has been severed from the mineral title. How 'split titles' arise and the geophysical phenomenon of evolved gas are discussed briefly. The main focus of the paper is the statutory and common law considerations concerning the ownership of evolved gas. The effects of errors in payment of royalties are also examined.
The Personal Property Security Act of Alberta - Implications for Oil and Gas Lenders
Authors: Sheppard M. Jacqueline , Champion Loraine C.
Published: December 2018

The proposed Personal Property Security Act introduces a new statutory regime for taking and perfecting security interests in personal property. Lawyers acting in secured transactions involving oil and gas assets must become knowledgeable about the Act and its advantages and pitfalls. Vie paper reviews key concepts introduced by the Act and assesses the impact of the Act on secured oil and gas financings.
Introduction (with reflection from Chief Justice Catherine Fraser)
Authors: Watson Jack
Published: December 2018

No abstract available.
Potential for Genetic Discrimination in Access to Insurance: Is There a Dark Side to Increased Availability of Genetic Information?
Authors: Adjin-Tettey Elizabeth
Published: December 2018

This article addresses the reliance on genetic information as part of the private insurance industry’s practice of risk segmentation whereby underwritingdecisions are based on risk information about individuals and groups as compared to the general population. The author argues that there are a number of concerns regarding reliance on genetic information in insurance underwriting, including uncertainty about what constitutes genetic information and the predictive value thereof, possible conflicts with human rights values, potential reductions in access to insurance, and the legal and ethical obligations of individuals who undergo testing, health professionals, and insurers. This article reviews the solutions that have been adopted in other jurisdictions and concludes that the use of genetic information is consistent with standard insurance industry practices. However, it is recommended that a legislative framework be established in Canada to regulate the use of genetic information.
Personal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds Under Insurance Contracts
Authors: Adjin-Tettey Elizabeth
Published: December 2018

An insured who wilfully damages insured property cannot seek indemnification under an insurance policy because the loss was not a fortuitous one and likely falls within an exclusion clause in the policy. This has historically been referred to as the criminal forfeiture principle, which holds that for public policy reasons a wrongdoer should not be able to benefit from his or her own wrongdoing. The question in situations like this is whether an innocent co-insured should also be barred from recovery for such loss. This article focuses on developments in the law relating to recovery by an innocent co-insured — namely amendments to the British Columbia Insurance Act. The author explores the history of the criminal forfeiture principle and also examines the modern contractual approach to interpreting insurance contracts. This article argues that the modern approach emphasizes property and contract law principles at the expense of protecting the reasonable expectations of an innocent co-insured. The author then examines a key provision in the British Columbia Insurance Act that intends to provide statutory protection for an innocent co-insured. Despite some disadvantages, the author argues that the benefits of the statutory protection outweigh any potential weaknesses.
Effect of Head Types on the Free Vibration and Fatigue for Horizontal LPG Pressure Vessels
Authors: Salman Marwan Abdulrazzaq , Ismail Mahmud Rasheed , Kahtan Yassr Y.
Published: December 2018

Pressure vessels are the heart of plants and oil refineries stations. In many engineering applications such vessels can be subjected to periodic loading either internally due to the charging and discharging process or externally due to the excitation from other nearby components such as pumps, compressors or from seismic. So that in spite of a good design according static assumption it may be critical in dynamics. In this work a horizontal pressure vessel with accessories subjected to liquefied petroleum gas pressure LPG is considered. Three models of different head types are investigated herein namely; Deep torispherical, Elliptical 2:1 and Hemispherical. The design and material selections are chosen as per ASME. For practical service many accessories are attached to the vessel such as manhole, supports, inlet and outlet opining. Finite Element method via ANSYS R18.2 is introduced for the numerical analysis. The fatigue life in case of fully reversed cyclic loading are estimated and located. Vibration characteristics such as mode shapes and natural frequencies for the lowest five modes are evaluated and compared. It is found that the fatigue life can be increased as higher as 180% for hemi- spherical head as compared with deep torispherical head pressure vessel and the lowest four natural frequencies are nearly identical for all models, however significant change observed in the fifth natural frequency.
Performance Study of Solar Adsorption Refrigeration System Using Activated Carbon - Methanol
Authors: Khaleel Wissam H. , Khalifa Abdul Hadi N. , Abdulazeez Hilal Tareq
Published: December 2018

The depleting of the conventional sources of energy and the excess use of HCF components lead to the need for new techniques both for conservation of energy sources for the future and for decreasing the its harmful effects on the environment. This study investigated the adsorption capabilities of activated carbon. The adsorption of methanol on this substance was tested for their application in the adsorption refrigeration system based on solar energy.

Adsorption refrigeration system has been designed and manufactured with the energy source being solar energy. Methanol/activated carbon pairs have been used in experiments. The present work focused on the performance of the adsorption refrigeration system considering the temperature attained in the evaporator and the cooled spaced cabinet. The amounts of activated carbon used was (8 kg), while the amount of methanol were (1, 1.25, and 1.5) kg. The experiments were done in different days of the year. The amount of adsorption of methanol (as a result of decreasing the evaporator and cooled spaced temperature) was found to depend on the generator pressure and its increase as the primary generator pressure decreases. The best mass of methanol used was (1 kg) which give the lowest temperature obtained at the evaporative surface was ( 3.4 oC ) at the day ( 4/4/2017 ). The results  shown that even in cloudy days there is a benefit from using such a system because the temperature attained is enough to start the adsorption process. The lowest temperature obtained at the evaporative surface was (3.4 oC) at the day (4/4/2017) for methanol mass of (1 kg) at an opening time of the valve between the evaporator and the generator (9:30am). The increase of methanol amount used in the experiment led to a good decrease in temperature attained in cooled spaced, but this is related to the time of connecting the evaporator and generator.