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PROPOSITIONS DE LA CAMPAGNE MONDIALE POUR REVENDIQUER LA SOUVERAINETÉ DES PEUPLES, DÉMANTELER LE POUVOIR DES TRANSNATIONALES ET METTRE FIN À LEUR IMPUNITÉ
The document argues for a legally binding international treaty to end the impunity of transnational corporations (TNCs) and dismantle their systemic power. It proposes the creation of an international tribunal for TNCs and human rights, the establishment of joint and several liability across corporate value chains, and the reform of international financial institutions and trade regimes to prioritize human rights over investor profits. The text emphasizes the need for extraterritorial obligations for home states and the guarantee of free, collective, and swift legal recourse for affected communities.
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Document type: Report
Bounded Regulation
The document defends the Clean Power Plan against claims that the EPA overstepped its authority. It asserts that the Plan adheres to the limits of Section 111 of the Clean Air Act, which requires the agency to avoid excessive costs, consider energy supply impacts, and use adequately demonstrated reduction techniques.
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Document type: Policy brief
Mind the Gap
ClientEarth asserts that while the UK's Climate Change Act 2008 is legally ambitious, successive governments have failed to implement the necessary governance to meet long-term targets. The report highlights a persistent 'policy gap' for the fourth carbon budget and a decline in investor confidence due to abrupt policy shifts, such as the withdrawal of carbon capture and storage (CCS) funding. It recommends the urgent publication of a detailed, annually updated Emissions Reduction Plan and the restoration of cross-departmental coordination and transparent emissions tracking.
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Document type: Report
A Governance Instrument fit for purpose: is the MMR up to the task?
The policy brief assesses the suitability of the Monitoring Mechanism Regulation (MMR) as a foundation for a new EU Governance Instrument. It argues that while the MMR provides a basis for reporting, it lacks the compliance mechanisms, prescriptive planning requirements, and public transparency needed to effectively drive the 2030 Energy Union objectives. The authors recommend that the new instrument include direct corrective provisions for non-compliance, consistent methodologies for projections in NECPs, and structured processes for stakeholder participation to move beyond a 'technical box-ticking exercise'.
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Document type: Policy brief
The Right to a Healthy Environment in the Convention on the Rights of the Child
The Center for International Environmental Law (CIEL) argues that the Committee on the Rights of the Child should recognize an implied right to a healthy environment to ensure the effective realization of children's rights. Drawing on jurisprudence from other human rights bodies, CIEL demonstrates how a healthy environment is a necessary precondition for the rights to life, health, food, water, and an adequate standard of living. The document highlights that over 140 states have already incorporated environmental rights into their national constitutions, supporting an evolutionary interpretation of the Convention.
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Document type: Report
Info-brief: EUTR enforcement in Italy
The document outlines Italy's legal framework for the EUTR, the resources allocated for its enforcement, the penalty regime for infringements, and the avenues available for NGOs to challenge illegal timber trade.
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Document type: Briefing
Info-brief: EUTR enforcement in the UK
The document outlines the UK's legal framework for the EU Timber Regulation (EUTR), identifying the Regulatory Delivery as the Competent Authority. It details the penalty regime for illegal timber placement, reports on enforcement activities between 2013 and 2015, and highlights systemic weaknesses regarding the lack of formal appeal procedures and the difficulty for NGOs to obtain legal standing to challenge operators.
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Document type: Briefing
Conservation standards
The document establishes a framework of 14 conservation standards to prevent human rights abuses during site-based conservation interventions. It argues that while states are primary duty bearers, non-state actors—including NGOs and philanthropic foundations—have a 'responsibility to respect' human rights. The standards are divided into rights most likely to be directly infringed (such as self-determination, free, prior and informed consent, and land rights) and those indirectly infringed (such as education and non-discriminatory employment). The authors emphasize that these standards should serve as minimum requirements for all conservation activities to avoid forced evictions, cultural deterioration, and the marginalization of indigenous governance systems.
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Document type: Research paper
Investing in Land for Water: The converging legal regimes
The document examines how foreign agricultural investments in Africa exacerbate water stress and the legal tensions between investor rights and the human right to water. It highlights the vulnerability of customary water rights compared to statutory contracts and the potential for investment treaties to limit a state's ability to reallocate water during shortages. The authors recommend integrating international human rights and environmental law into domestic legislation and investment contracts to ensure sustainable water governance.
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Document type: Policy brief
Open Letter From Legal Scholars on the Climate Science Truth and Accountability Act (SB 1161, Allen)
A group of legal scholars supports California SB 1161, which would revive certain civil claims under the Unfair Competition Law (UCL) related to climate science misinformation. The authors argue that fossil fuel companies may have misled the public about climate risks as early as the 1950s and that the bill's time-limited revival of causes of action is a reasonable way to ensure these cases are decided on their merits rather than being barred by the statute of limitations.
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Document type: Statement
Inclusion of Consumption of carbon intensive materials in emissions trading – An option for carbon pricing post-2020 Report
The report proposes 'Inclusion of Consumption' (IoC) as a way to ensure carbon prices are reflected in the cost of materials like steel and cement, which are currently shielded by free allowance allocations in emissions trading schemes. By adding a charge to the consumption of these materials based on benchmarks, the IoC aims to incentivize material efficiency and innovation without harming competitiveness. The authors argue that IoC is administratively feasible, compliant with WTO law, and qualifies as an environmental regulation under EU law.
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Document type: Report
Sense and sensibility
The report analyzes the volatility of the South China Sea, focusing on the legal battle between the Philippines and China at the Permanent Court of Arbitration. It explores the strategic rivalry between the US and China, the difficulties of joint resource development, and the potential for ecosystem-based governance. The EU maintains a position of 'principled neutrality,' advocating for UNCLOS and the rule of law to ensure regional stability and freedom of navigation.
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Document type: Report
Understanding the Stay
The document argues that the Supreme Court's stay on the Clean Power Plan does not prohibit the EPA from continuing preparatory implementation work, nor does it automatically delay or 'toll' compliance deadlines.
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Document type: Policy brief
RECOMMENDATIONS REGARDING THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT: NATIONAL APPEAL REGULATIONS, 2014
The Centre for Environmental Rights (CER) submitted recommendations to the Department of Environmental Affairs to amend the National Environmental Management Act (NEMA): National Appeal Regulations, 2014. The CER argues that the current regulations may violate the right to just administrative action under the Constitution and the Promotion of Administrative Justice Act, 2000 (PAJA), specifically regarding restrictive timeframes and procedural fairness for interested and affected parties (I&APs).
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Document type: Statement
AFRICA Rights and Resources Building Community Voice in the Mining Sector
The document examines the systemic marginalisation of African communities affected by mining, highlighting the gap between official policy and the reality of environmental degradation, forced relocation, and health hazards. It details specific tools for empowerment, such as community protocols in Kenya and Zimbabwe, paralegal interventions in Sierra Leone, and strategic litigation regarding silicosis in South Africa. The text emphasizes the disproportionate burden on women and the necessity of moving beyond narrow legal definitions of 'indigenous peoples' to protect all customary landholders through the principle of Free, Prior and Informed Consent (FPIC).
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Document type: Report
International Climate Change Law in a Bottom-Up World
The document reflects on the transition of international climate change law to a 'bottom-up' approach under the Paris Agreement. It highlights the uncertainty regarding how the agreement's 'ratcheting mechanism' will ensure that parties meet the goals of limiting global temperature increases to well below 2°C and pursuing 1.5°C. The author argues that the design of review processes is critical for the treaty's success and suggests that this new legal architecture allows for a broader understanding of international law's functions beyond the mere enforcement of legal obligations.
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Document type: Research paper
Acceptance of Consumption-based Climate Policy Instruments and Implementation Challenges
The Carbon-CAP project evaluated consumption-based policy instruments across four acceptability criteria: economic distributional impact, legal viability, international political/trade concerns, and institutional capacity. The analysis suggests a tiered implementation strategy, prioritizing instruments that change the available product range or costs—such as approved technology lists and supply chain procurement requirements—over those that merely influence consumer choice. The brief emphasizes that these instruments are most effective when deployed in complementary portfolios to spread responsibility between producers and consumers and to mitigate individual policy weaknesses.
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Document type: Policy brief
Streamlining For Performance
The report examines how to reform EU energy law to meet 2030 targets, specifically a binding EU-wide target of 27% renewable energy and a 27% energy savings goal. It identifies four primary areas for streamlining: the alignment of renewable energy and energy efficiency targets, the merging of planning and reporting requirements, the consolidation of building-sector provisions into a single directive, and the transfer of market-barrier removal provisions to a reviewed internal electricity market directive. The authors argue that synchronizing these amendments during the 2016 legislative review period would reduce administrative burdens, enhance policy coherence, and increase investor certainty.
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Document type: Report
OPEN LETTER - ANGLO AMERICAN’S PLANS TO SHED COAL ASSETS IN SOUTH AFRICA
The Centre for Environmental Rights (CER) has issued an open letter to Anglo American following the company's February 2016 announcement to sell its South African coal and iron ore assets. The CER warns against a trend where large mining firms sell assets with significant environmental liabilities to smaller companies that subsequently go insolvent, leaving the state and public to bear the cost of rehabilitation. Citing cases like Harmony Gold and DRDGold, the CER argues that the transfer of mining rights constitutes administrative action requiring public participation under the Promotion of Administrative Justice Act 3 of 2000 (PAJA). The letter demands that Anglo American publicly disclose its intended transfers, Environmental Management Programmes, and financial provisions for rehabilitation to avoid adding to the 6,000 derelict and ownerless mines already existing in South Africa.
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Document type: Statement
Taking back the seas
The document examines the African Union's (AU) efforts to 'Africanise' its maritime domain through AIMS 2050, specifically by proposing a continental cabotage regime to reduce foreign dominance in intra-African shipping. While proponents argue this would create jobs and economic independence, the paper identifies significant barriers, including inadequate port infrastructure, a lack of skilled seafarers, and limited political will, as evidenced by the low ratification rates of the African Maritime Transport Charter. It further analyzes the legal complexities regarding World Trade Organization (WTO) regulations and concludes that the proposed regime is currently 'ahead of schedule' due to the absence of necessary industrial and governance preconditions.
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Document type: Research paper