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ClientEarth and partners argue that climate change poses material financial risks to fossil fuel companies, potentially rendering a significant portion of reserves 'stranded'. They call on ESMA to enforce consistent regulatory reporting of these risks under the Transparency and Accounting Directives, aligning with global efforts like the Task Force on Climate-related Financial Disclosures.

The ATI Network Shadow Report 2016 reveals significant challenges in accessing information in South Africa, with 46% of requests to public bodies denied in full and 67% of requests to private bodies refused. The report highlights a high rate of 'deemed refusals' where requests are ignored, and notes that the most common ground for refusal is that records do not exist or cannot be found. While some progress is noted in the automatic availability of environmental and water licenses, the report argues that the Department of Mineral Resources resists this trend. It recommends mandatory disclosure of all operational licenses, clearer definitions for 'trade secrets', and the strengthening of public interest override provisions in PAIA.

Friends of the Earth International (FoEI) advocates for a legally binding UN treaty to end the systemic impunity of transnational corporations (TNCs). The submission argues that the treaty must establish civil and criminal liability for TNCs, their executives, and financiers across global supply chains. FoEI proposes the creation of an independent international court to judge environmental crimes and human rights abuses, emphasizing the need for a hierarchy where human rights obligations prevail over trade and investment agreements, specifically targeting the Investor-State Dispute Settlement (ISDS) mechanism. The document highlights cases of corporate abuse in Nigeria, Brazil, Mozambique, and elsewhere to illustrate the failure of current voluntary standards and national judicial systems.

Friends of the Earth International (FoEI) advocates for a binding UN Treaty to end corporate impunity. The proposal emphasizes the need for direct legal obligations for transnational corporations (TNCs) and their executives, the creation of a World Court on TNCs and Human Rights, and the primacy of human rights over investment treaties. FoEI highlights systemic failures in national courts and the harmful impact of Investor-State Dispute Settlement (ISDS) mechanisms, calling for a process free from corporate lobbying that prioritizes the rights of affected communities and environmental defenders.

The document clarifies that the outcome of the Paris climate talks will likely be a 'package' of instruments with varying legal forms, including a core legal agreement, UNFCCC decisions, and potential political declarations. It emphasizes that the legal force of the agreement is determined by its specific content and prescriptive language rather than its name (e.g., treaty, protocol, or accord). The text further explains that the agreement can contain a mix of binding and non-binding provisions and that the domestic ratification processes of participating countries will vary according to their own legal systems.

The document examines the human rights obligations of states and the private sector in the context of climate change mitigation. It analyzes failures in stakeholder consultation and sustainable development within the Clean Development Mechanism (CDM), REDD+, and Nationally Appropriate Mitigation Actions (NAMAs), using case studies from Panama, India, Mexico, and Georgia. The brief concludes that current UNFCCC mechanisms lack sufficient specificity and grievance procedures, recommending that the Paris Agreement explicitly mandate the respect, protection, and fulfillment of human rights in all climate actions.

The paper argues that the legal distinction between migrant smuggling (facilitating illegal movement for profit) and human trafficking (exploitation) is increasingly blurred in practice, as smugglers often transition into traffickers. It contends that restrictive border controls do not stop migration but instead make smuggling the 'new normal,' increasing migrant vulnerability and profitability for criminal networks. The authors highlight that most irregular migrants successfully reach their destinations despite high risks, and that state efforts to 'demonize' smugglers often serve as political cover for the failure of the global asylum regime.

The author critiques South Africa's move to replace international investor-state dispute settlement (ISDS) with state-to-state arbitration via the Promotion and Protection of Investment Bill (PPIB). While noting the failures of state-to-state arbitration—citing a dispute where Zimbabwe ignored a SADC tribunal ruling regarding South African investors—the author argues that removing ISDS deprives South African courts of the chance to learn from international best practices. The paper suggests that South Africa's robust legal system could handle most disputes locally, especially if specialised investment courts were established, and points to Indonesia's 'globalised localism' as a model for linking international law with domestic legislation.

The document outlines the legal obligations under Article 2(2) of the CFP basic regulation to manage fish stocks to achieve maximum sustainable yield (MSY). It asserts that to meet this objective, exploitation levels must be set below FMSY, as fishing at the average FMSY point only leads to biomass being above BMSY 50% of the time. The briefing emphasizes a timeline where MSY-based exploitation rates should have been achieved by 2015 where possible, and must be achieved on a progressive basis by 2020 at the latest. It argues that any derogation or delay in achieving these rates requires concrete, evidence-based explanations. While Recital 7 suggests delays may be justified if MSY rates would "seriously jeopardise the social and economic sustainability of the fishing fleets involved", the document clarifies that this requires a significant risk to the fleet's future rather than mere fluctuations in economic conditions. The author recommends that the Commission issue clear guidelines on what constitutes a justifiable delay and who must provide the supporting evidence.

Earthjustice, representing a coalition of environmental and community groups, urges the City of Oakland to reject the development of a coal export terminal at the former Oakland Army Base. The letter asserts that the project would disproportionately burden the low-income, predominantly African American community of West Oakland with particulate matter and diesel pollution, while violating California's greenhouse gas reduction goals. It argues that proposed mitigations, such as covered rail cars, are ineffective and that the project is an economic risk due to declining global coal demand. Finally, the document claims the project lacks necessary environmental review under CEQA and NEPA and that the City possesses the legal authority to ban the terminal to protect public health.

The report examines the legal requirements of the CFP Basic Regulation regarding Maximum Sustainable Yield (MSY). It argues that to achieve the objective of restoring and maintaining stocks above MSY levels, fishing mortality rates must be set below FMSY, treating FMSY as a limit rather than a target. The document identifies failures in the 2015 TAC Regulation and the Baltic Sea multiannual plan proposal, and recommends that all EU fisheries management, financial aid, and international negotiations be strictly aligned with the 2015/2020 FMSY requirement.

The document asserts that the proposed Baltic MAP is legally inconsistent with the CFP basic regulation because it does not guarantee the restoration and maintenance of fish stocks above levels capable of producing maximum sustainable yield (MSY). It specifically criticizes the phrasing 'aim at contributing to the objectives' as allowing for failure to meet CFP goals and argues that the upper limits of proposed exploitation ranges exceed the fishing mortality rate (FMSY) required to restore stocks. The briefing recommends accepting European Parliament amendments to Article 3(1) of the Baltic MAP to ensure legal compliance.

The document examines how La Mesa, a Salvadoran coalition, used amicus curiae submissions in the Pac Rim arbitration to bring community concerns regarding metals mining and sustainable development to an international tribunal. It highlights the importance of alliance building between local groups and international legal experts to navigate technical arbitration processes and argues that such interventions provide essential public interest context that disputing parties may omit.

The report examines how the Mesa Nacional Frente a la Minería Metálica de El Salvador (MNFM), supported by CIEL and FESPAD, used amicus curiae submissions in the Pac Rim investor-state arbitration to highlight environmental and human rights concerns. It details the legal requirements for such interventions, the strategic importance of technical legal expertise combined with community grounding, and the outcomes of the jurisdictional phase of the arbitration. The document concludes with lessons for other civil society organizations on navigating the technical nature of international investment law to protect public interest and democratic decision-making.

The report analyzes the legal processes for converting forests in the Republic of Congo into agricultural or mining land. It highlights a critical lack of a national land-use plan, which leads to overlapping land use and insecurity. The document details the requirements for declassifying permanent forest estates and obtaining deforestation permits, while arguing that the rights of local communities and indigenous people (LCIP) are insufficiently protected. It also notes that the Voluntary Partnership Agreement (VPA) does not adequately cover the legality of conversion timber.

The Global Campaign to Dismantle Corporate Power and Stop Impunity argues for a legally binding UN treaty to end the impunity of transnational corporations (TNCs). The submission proposes that TNCs be held civilly and criminally liable for human rights and environmental violations, including through shared liability for subsidiaries and subcontractors. It calls for the recognition of the hierarchical superiority of human rights over trade and investment treaties, the codification of states' extra-territorial obligations, and the creation of international enforcement bodies, including a World Court on TNCs and Human Rights. The document also highlights the role of international financial institutions like the IMF and World Bank in facilitating corporate impunity through structural adjustment policies.

The document argues that transnational corporations (TNCs) currently operate with impunity due to a lack of binding international regulations and the dominance of trade and investment treaties over human rights. It proposes a new UN instrument that establishes the legal obligation of TNCs to respect all human rights, holds them civilly and criminally liable for violations (including through subsidiaries), and mandates that states regulate TNCs' extraterritorial activities. The proposal calls for the creation of an international court and a monitoring body to oversee implementation, while demanding that TNCs be excluded from the negotiation process to prevent undue influence.

This research paper examines the role of investment contracts in promoting responsible large-scale agricultural investments in developing countries. Drawing on empirical evidence from 39 projects in Sub-Saharan Africa and Southeast Asia, it identifies five key positive effects—such as employment creation and outgrower schemes—and five key negative impacts, including land loss and poor environmental management. The document proposes specific legal options and contractual clauses to ensure these investments contribute to sustainable development, emphasizing the importance of feasibility studies, community development agreements, and transparent grievance mechanisms.

The report analyzes the impact of large-scale agricultural investments in developing countries, identifying five key positive outcomes and five primary downsides. It argues that while domestic laws are the best foundation, investment contracts can fill regulatory gaps to ensure responsible conduct. The authors propose a three-stage contracting process—preparation, negotiation, and monitoring—and provide specific legal options to embed social, environmental, and economic safeguards into these agreements to prevent project failure and community conflict.

The document examines the challenges of governing climate change with fixed rules given the evolving nature of scientific insights and socio-economic conditions. It evaluates the UNFCCC's current flexibility mechanisms, critiques proposals for a more pluralist approach to law, and seeks a balance between flexibility and the need for predictability and stability.