Turp V. Canad A Case Study

Introduction
The article, NGO-business collaborations and the law: Sustainability, limitations of law, and the changing relationship between companies and NGOs, aims to address the challenges and restrictions that are faced when addressing environmental/sustainability legislation on a national and international level. The authors, Kees Bastmeijer and Jonathan Verschuuren, saught to identify the various impacts of three forces mentioned [governments, companies and NGOs] and the role each plays separately or collaboratively. Bastmeijer and Verschuuren, addressed then insufficiency of the old “command and control” approach that had been subsequently used in the past, which was between governments and companies, which generally took a ‘do this’
This is another point which the authors addressed in the article. In Turp v. Canada (2012), the respondent (Canada) was brought up on charges for opting out of the Kyoto Protocol Implementation Act (KPIA) (2012). The act was put in place as a measure to ensure Canada meet its targets under the Kyoto Protocol. However the Canadian government withdrew from the KPIA, and was subsequently brought to federal court. The court dismissed the case without cost, as they found the government’s reasoning for opting out sufficient. Proving the point Bastmeijer and Verschuuren makes within the article. The three pieces of the triangle is needed, and NGOs with the backing of large stakeholder groups, act as watchdogs, and tend to put organizations (governments and companies) under pressure to deliver. National law alone may not be enough, there may be loopholes or limitations which participants of an agreement may use to evade
The article stated that these collaborations were great for; setting standards, implementing them, monitoring and enforcement, and providing methods of dispute settlement. As an example, it mentioned WWF and Unliever’s partnership to create the Marine Stewardship Council (MSC). It is one of the leading examples of effective partnership (Cowe, 2004). Also, operating based on already established standards shows and example of the relationship these partnerships can have with existing regulations. Though NGOs face criticism and reputations are placed on the line, partnerships are indeed the most effective way to move sustainable innitiatives forward. A quote from David Lovegrove of WWF, as mentioned in Roger Cowe’s article Business/NGO Partnerships, stated:
“You can’t always work with the cleanest companies, and there’s no point just preaching to the converted. As long as your partners are willing to accept challenging targets, they are the ones you should be working