Areas of Interest
An Intersectional Approach to Environmental Civil Litigation
When I decided on a career in law, I knew I wanted to be able to help people on a large scale. I had an interest in environmental protection, Indigenous issues as well as human rights. It seemed difficult to find a way to indulge all these interests.
The idea that corporate accountability could be a vehicle to tackling environmental issues like pollution and climate change came to me when I took a course on International Environmental Law while I was completing my Master’s degree at Bond University in Australia. One of the assignments was that we had to describe an environmental ‘disaster’ to the class and address topics like the international law associated with the issue as well as present potential legal pathways to remedying it - I was assigned ship graveyards. In researching for this presentation, I learned about not only the pollution caused by the shipwrecking industry, but the horrific working conditions. In addition to the exposure to toxic chemical compounds, there were anecdotes of workers being critically injured, and in some particularly devastating instances, tossed into the ocean as an act of mercy.
Although I learned that international treaties like the Basel Conventions have limited enforcement capabilities, this introduced me to the idea that corporate entities could could be held responsible for the harm they caused by polluting the natural environment through civil litigation. I eventually wrote my final research paper on the ‘triple bottom line’ approach to the natural resource sector, where corporate goals can be achieved while still ensuring environmental protections and human interests were tended to. I opted to focus on situations where corporations partnered with local Indigenous communities to do so, and found that there is huge potential for these partnerships to not only fulfill corporate targets while minimizing the environmental impact, but also play a part in meaningful truth and reconciliation.
A New Hope?
Building on what I had learned in Australia, I sought opportunities to explore the idea of litigation as a means of addressing environmental protectionism and human rights abuses. This lead me to elect to write a paper analyzing the cases of Okpabi v Royal Dutch Shell and Vedanta Resources PLC v Lungowe. In essence, these cases establish corporate entities can be held accountable for their subsidiaries negligent actions abroad in UK courts. While there are some specific parameters to determine if this type of vicarious liability is appropriate, it is a major step forward in accountability.
Generally speaking, developing nations lack comprehensive laws regarding environmental protectionism, and those that exist are seldom enforced. This leads to situations where people in communities surrounding mines, oil wells and the like are subject to harms that would be unconscionable if they occurred in Europe or North America. Plainly put - if an operation would be considered unacceptable if it were in Calgary or Manchester, why should it be allowed to continue in Nigeria or Zambia?
Considering the number of multi-national corporations that have legal status in the United Kingdom, this type of litigation can be a means of enforcing international laws and treaties. While litigation in the private sphere can be costly and time consuming, this does offer it some insulation from interference from the real of politics and international affairs.
Why not Equine Law?
Equine Law is not something I intend to practice.
First - I’m not sure I consider Equine Law to be a specific area of practice. Rather, I see equine matters being extensions of other areas of practice. For example:
A divorcing couple who disagree on who gets to keep a horse would be best suited to consulting a family lawyer.
An individual trying to get construction permits to build a new stable and arena should obtain advice from a property lawyer.
A wealthy individual wants to be protected from liability for damages their horse might cause should consider advice from a corporate lawyer with respect to creating a holdings company to own the horse.
In these situations the lawyer being retained might consider consulting someone who is has a general understanding of the law in question, but very well versed in how the equine industry conducts itself. In my opinion, it is best to obtain legal advice from someone who is well versed in the specific area of the law because it is much easier to teach a lawyer understand how the equestrian industry works. By contrast, it is harder for a general practitioner to develop a thorough and nuanced understanding of a specific area of the law in a relatively short amount of time.
I have occasionally consulted various professionals with respect to equine matters. If you think I may be able to offer some insight to a particular situation, please do not hesitate to contact me.
The second reason why I don’t see myself focusing on equine matters is because I prioritize a healthy work-life balance. While there is a certain level of work and effort associated with my equine endeavours, it is more of a hobby than a profession at this time in my life. Building a practice solely around equine matters would bring my personal and private life too close together, and I fear my time with the horses would feel more like work, and less like a temporary escape from reality it is.
Future Goals
Eventually I would like to pursue a PhD assessing how civil litigation can be a means of enforcing environmental protections and uphold human rights, particularly when there is an international dimension to the matter. At this time, the University of Amsterdam is the most appealing institution as there are program options that allow for remote, part-time study. This pathway would allow me to balance my practice and further studies. Additionally, the Netherlands being home to the International Criminal Court in den Haag has created a learning environment that open to exploring new ways to advance principles of social justice and equality while considering the immoveable realities of the world, like the omnipresence of capitalism. Of course, I truly loved every moment I spent living in Holland - I’m always looking for the opportunity to go back!
Eventually, I hope to balance practice with some limited teaching engagements, ideally in an intensive format. Bond University in particular took advantage of the intensive course model and was able to secure a number of world renown experts to teach in their niche field. As such, their passion for these topics created a much more engaging learning environment and experience. Hopefully, I will be able to take my passion for this field of law and inspire a new generation of legal practitioners.
