Natural Resources Management in Federation: Canadian Model

  • Sergey Yu. Danilov National Research University Higher School of Economics
Keywords: provinces, constitutional norms, spheres, oil, gas, complex, incomes, royalties

Abstract

Federalism, from one turn, does maintain much more opportunities for expression and promoting of legitimate regional interests. However, from other side, federal form of state organization appears to be a solid factor that limits considerably a freedom of actions of the central power that it is obliged to promote and protect overall national interests within the state and beyond of its frontiers. In the modern world, Canadian federalism is one from most famous and respectable state regimes. Under federal banner Canada passed several stages of national development while demonstrating undisputable capability for evolution and adaptation towards constantly changing social and economic conditions. Formerly a highly centralized state, Canada has transformed itself peacefully into a decentralized power within an old Constitutional Act. One of the issues standing perpetually in front of levels of powers is policy of its abundant natural resources. The subject of article is a research of ways and means of cooperation and confrontation between center and periphery over management of these resources. The study is based of the methodology: formal legal historical, system analysis and dialectical one. From evaluation of flexible leadership over the field, author makes a conclusion about great measure of efficiency in the leading a highly decentralized federation on the base of the rule of law and clear-cut political will completely loyal to all existing legal limitations and prohibitions and bright cadres capable to implement skillfully and decisively every legitimate way for public purpose. Only such model of state leadership have a future in the modern civilization. Therefore the democratic ways and means, elaborated by Canadian social fabric and state bodies, do deserve strong attention of the Russian explorers and practitioners.

Author Biography

Sergey Yu. Danilov, National Research University Higher School of Economics

Professor, Department of General and Interdisciplinary Studies, Law Faculty, National Research University Higher School of Economics, Doctor of Historical Sciences. Address: 20 Myasniraskaya Str., Moscow 101000, Russian Federation. E-mail: sdanilov@hse.ru

References

Armstrong W. et al (2014) Dependence and Divergence. Canada and the United States. 3rd ed. Lanham (Md.): Univ. Press of America, 345 p.

Banting K. et al (2012) And No One Cheered. Federalism, Democracy and the Constitutional Act. 2nd ed. Montreal: McGill-Queens Univ. Press, 279 p.

Boadway R., Kitchen H. (2002) The Canadian Tax Policy. Toronto: Canadian Tax Foundation, 305 p.

Bogdanovskaya I. Yu. (2010) Classification of Constitutions in the Common Law Countries. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 29-40 (in Russian)

Burgess M. et al. Canadian Federalism: Past, Present, Future. Leicester: Univ. of Leicester Press, 349 p.

Chirkin V.E. (ed.) (2017) The Constitution in 21th century. A Comparative Legal Exploration. Moscow: Norma, 656 p. (in Russian)

Doern B., Toner G. (2001) The Politics of Energy. Development and Implementation of the National Energy Program. 2nd ed. Toronto: Methuen, 541 p.

Federalism: Theory, Institutions, Relations. A Comparative Legal Study (2001). Moscow: Jurist, 376 p. (in Russian)

Harrison K. (2009) Racing to Bottom. Provincial Interdependence in the Canadian Federation. Vancouver: Univ. of British Columbia Press, 431 p.

Hogg P. (2007) The Constitutional Law of Canada. Toronto: Gage, 685 p.

Laforest G. (2003) Reconciling the Solitudes. Essays on the Canadian Federalism and Nationalism. Montreal: McGill-Queens Univ. Press, 455 p.

Olling R., Westmacott N. (2009) Perspectives on Canadian Federalism. Toronto: Prentice-Hall, 436 p.

Pammett J. (2011) The Integration Question. Political Economy in the North America. Toronto: Addison-Wesley, 262 p.

Phillips O.H. (2008) The Constitutional and Administrative Law. 8th ed. Oxford: Clarendon Press, 756 p.

Public Law in Canada (2010) Bourgeois D., ed. Toronto: Nelson, 365 p.

Reezor B. (2007) The Canadian Constitution in Historical Perspective. Toronto: Prentice-Hall, 227 p.

Scott F. (2000) Essays on the Constitution. Aspects of Law and Politics in Canada. Toronto: Univ. of Toronto Press, 410 p.

Tardif A. (2005) The Legal Framework of Government. A Canadian Guide. Toronto: Canada Law Books, 340 p.

Thur M. (2004) The Energy Policy and Federalism. Toronto: Institute of Public Administration, 182 p.

Tupper A. et al. (2009) Public Money in Private Sector. Industrial Assistance Policy and the Canadian Federalism. 2nd ed. Montreal: McGill-Queens Univ. Press, 508 p.

Watts R. (2008) Comparing Federal Systems. Boston: Allyn and Bacon, 240 p.

Watts R. et al. (2000) Power Divided. Essays on Theory and Practice of Federalism. 2nd ed. Berkeley (Cal.): Institute of Intergovernmental Studies, 163 p.

Whyte J. (2009) The Constitution and Natural Resources Revenues. Toronto: Univ. of Toronto Press, 155 p.

Published
2019-03-11
How to Cite
DanilovS. Y. (2019). Natural Resources Management in Federation: Canadian Model. Law. Journal of the Higher School of Economics, (5), 215-236. https://doi.org/10.17323/2072-8166.2019.5.215.236
Section
Law in the Modern World