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ClientEarth argues against the introduction of de minimis aid in the fishery and aquaculture sector, stating that the European Maritime and Fisheries Fund (EMFF) should be the sole source of structural aid to prevent the circumvention of rules designed to combat overfishing and overcapacity. If the proposal proceeds, ClientEarth recommends reducing the Member State aid ceiling to 0.5% of annual sector output and lowering the individual beneficiary limit to EUR 15,000 over three years. They further propose that de minimis aid must not cover operations ineligible under the EMFF, such as vessel decommissioning, and call for the creation of a publicly accessible electronic list of all aid beneficiaries to ensure transparency.

The document explores the historical and legal foundations of fiduciary duties, emphasizing their role in protecting beneficiaries from the inherent conflicts of interest and information asymmetries in asset management. It argues that climate change and environmental risks are now material financial factors that fiduciaries must integrate into their risk management to avoid a dereliction of duty. Using examples from South Africa, the United States, the Netherlands, and Norway, the report illustrates how different jurisdictions are transitioning toward sustainable asset management and suggests a roadmap for China to establish similar culturally appropriate fiduciary principles.

The International Institute for Sustainable Development (IISD) argues that the draft CETA text often contradicts the European Commission's claims of providing clarity and protecting the right to regulate. The analysis highlights that the 'right to regulate' remains subject to treaty obligations, the Fair and Equitable Treatment (FET) standard remains open to expansive interpretation due to a link to customary international law, and the Most-Favoured Nation (MFN) provision could allow investors to bypass CETA's protections by importing more favourable terms from other treaties. While the report acknowledges improvements in transparency and the handling of indirect expropriation, it concludes that the investor-state dispute settlement (ISDS) mechanism still lacks sufficient safeguards regarding arbitrator independence and legal consistency.

The report critiques the draft EU Regulation on Access and Benefit Sharing, highlighting concerns over its temporal scope, the potential for 'regressive' interpretations of sovereign rights, and a 'light touch' administrative approach that may fail to ensure effective compliance with the Nagoya Protocol.

The document serves as a manual for NGOs to navigate the process of filing amicus curiae submissions in ICSID proceedings. It explains the legal nature of international investment arbitration, the specific rules (such as Rule 37(2)) governing non-disputing party participation, and the challenges of integrating human rights law into investment disputes. It provides best practices for drafting petitions and submissions, emphasizing the need for legal arguments grounded in applicable law and the importance of demonstrating the petitioner's independence and expertise. The guide also includes several case studies and actual petitions and orders from cases such as Biwater Gauff v. Tanzania and Suez v. Argentina to illustrate the practical application of these rules.

The document explains the role of amicus curiae in ICSID proceedings, detailing the legal requirements under Rule 37(2) for non-disputing parties to file written submissions. It highlights the tension between investment protection and human rights, arguing that amicus interventions are critical for introducing public interest perspectives into a system that often prioritizes investor rights. The guide provides best practices for drafting petitions and submissions, emphasizing the need for legal grounding and the demonstration of the petitioner's independence and expertise.

The document analyzes the shift in legal identity from 'displaced person' to 'victim' in Mocoa, Colombia. It details the formation of the Municipal Table of Organizations of Population Victims of Forced Displacement (mfopd) and its role in planning municipal attention. Through a collaborative survey of 481 households, the report highlights severe poverty, housing deficits, and insecurity among the displaced. It concludes that the transition to the Victims Law (Law 1448) has often dismantled collective organizational achievements in favor of individual family reparations, potentially discouraging grassroots social justice claims.

The document investigates the expansion of the oil palm industry in Palawan, operated primarily by Palawan Palm & Vegetable Oil Mills, Inc. (PPVOMI) and Agumil Philippines, Inc. (AGPI). It finds that while promoted as an economic opportunity, the industry has led to significant grievances, including contractual deception of smallholder cooperatives, land dispossession of indigenous peoples, and illegal encroachment into protected forestlands. The study highlights a failure in institutional oversight, noting that environmental clearances were often obtained after project initiation and that the legal framework fails to distribute liability fairly, leaving smallholders with most of the financial risk. It concludes with ten recommendations to strengthen corporate accountability, including contract revision, stricter government 'gatekeeping', and the promotion of RSPO certification.

The document analyzes the draft Investment Chapter of CETA, concluding that it provides foreign investors with the most investor-friendly rights ever drafted by the Canadian government. The author highlights six technical issues—including the Most Favoured Nation (MFN) provision, Fair and Equitable Treatment (FET), and the 'right to regulate' clause—that collectively increase the risk of investor-state disputes and may discourage the implementation of future environmental and public health measures.

The Centre for Environmental Rights (CER) provides a detailed critique of the proposed Technical Regulations for Petroleum Exploration and Exploitation published by the South African Minister of Mineral Resources on 15 October 2013. The CER argues that the regulations are non-binding guidelines rather than enforceable laws, lack sufficient environmental impact assessment requirements, and fail to provide for meaningful public participation or access to information. The document suggests that fracking-specific regulations should be promulgated under a broader suite of environmental laws, including NEMA, NEMWA, and the National Water Act, rather than solely under the MPRDA.

The Centre for Environmental Rights (CER), supported by the Environmental Monitoring Group and the Federation for a Sustainable Environment, submitted comments on the draft Infrastructure Development Bill (B49-2013). The CER argues that the Bill violates Constitutional rights, disregards national environmental policies, and undermines the legal framework for sustainable development and integrated environmental management in South Africa.

The document examines the complex 'bundle of rights'—control, management, and use—associated with forest resources in Ghana. It details how the 1992 Constitution establishes trusteeship (fiduciary relationships) where the state or stools manage resources for the benefit of the people. The briefing distinguishes between naturally occurring forests (on-reserve and off-reserve) and planted timber, noting that while natural trees generally follow land ownership, the state often superimposes trusteeship via the 1962 Concessions Act. It also reviews international obligations under the African Charter and ILO conventions, concluding that the legal framework requires clarification to ensure accountability and sustainable, collaborative management.

The document examines the gap between legal provisions and practice regarding the right to participate in Ghana's forest sector. It identifies that while the 1992 Constitution and international agreements like the African Charter and the UNCCD support participation, specific national forestry laws offer limited, often non-binding, protections. It highlights that many participatory processes are relegated to non-binding manuals of procedure, leaving stakeholders without judicial redress when these processes are ignored.

The document examines the distribution of benefits from forest resources in Ghana, highlighting a disconnect between constitutional mandates and actual practice. While the 1992 Constitution establishes a specific revenue-sharing formula for Stool and Skin lands, the Forestry Commission often retains significant portions of revenue (such as 50% of stumpage fees and contract area rent) without clear legal backing. The briefing also details various benefit-sharing mechanisms for naturally occurring and planted trees, and reviews international instruments like the African Charter and the Convention on Biological Diversity that support community rights to resource benefits.

The document examines the legal protections for access to information in Ghana's forest sector, noting a gap between constitutional rights and operational enforcement. It details specific obligations of the Forestry Commission and the goals of the 2012 Forest and Wildlife Policy, while reviewing international instruments like the African Charter and the EU-Ghana VPA.

The author contends that the EU is abandoning government procurement (GP) as a fundamental industrial policy tool in favor of a neo-liberal model based on international competition and non-discrimination. While the EU pushes for openness to third countries and supports WTO rulings that restrict the use of local content requirements, some Member States, such as France and Italy, continue to use GP to incentivize renewable energy and domestic photovoltaic sectors. The text highlights a conflict between the EU's commitment to the Government Procurement Agreement (GPA) and the needs of national governments to foster innovative sectors and create jobs during economic crises.

The document examines the tension between the European Union's commitment to neoliberal public procurement rules and the need for strategic industrial policies to foster innovation and green energy. It highlights how the EU's adherence to international trade agreements, such as the GPA and GATT, limits the ability of member states to use local content requirements to stimulate domestic industries. The author contrasts the EU's approach with that of the US, Japan, and emerging economies like Brazil and China, who more aggressively use public procurement to support national industrial goals. A key example provided is the WTO dispute over Ontario's feed-in tariffs, where the Appellate Body's restrictive interpretation of 'public purpose' further limited the use of procurement for public policy goals. Despite this, some EU member states, such as France and Italy, have implemented local production requirements for photovoltaic energy to support their domestic sectors.

The report examines the UNCITRAL Rules on Transparency adopted in July 2013, which shift the presumption in investor-State arbitration from privacy to openness. It details the rules' application—default for treaties concluded after April 1, 2014, and 'opt-in' for earlier treaties—and outlines mandatory disclosures of notices, documents, and hearings. The document also discusses the role of the UN Secretary-General as the information repository and suggests next steps, including the development of a transparency convention to facilitate broader adoption.

The document critiques a May 6, 2013, WTO Appellate Body ruling regarding a dispute between Japan, the European Union, and Canada (Ontario) over renewable energy measures. The author contends that the ruling failed to provide necessary legal clarification on WTO rules for sustainable energy and may have created a problematic carve-out in the subsidy agreement. Consequently, the text argues that the responsibility for defining the boundaries of appropriate state incentives for renewable energy lies with WTO members rather than the Appellate Body.

The Centre for Environmental Rights (CER) warns the Minister of Mineral Resources that the commencement of the Mineral and Petroleum Resources Development Amendment Act, 2008 (MPRDAA) on 7 June 2013 has created a regulatory void. Because certain sections were deleted while the introduction of new environmental authorisation requirements (sections 5A and 38A) was suspended for 18 months, it is currently no longer a legal requirement or a criminal offence to prospect or mine without an approved Environmental Management Plan (EMP) or Environmental Management Programme (EMPR). The CER argues this violates section 24 of the Constitution and poses imminent risks to the environment, urging the Minister to amend the Presidential Proclamation of 31 May 2013 to restore these protections.