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The report analyzes the systemic nature of corruption in the Democratic Republic of the Congo (DRC) from 2003 to 2006, arguing that the 'kleptocratic' legacy of the Mobutu era persisted through the transition. It details how power-sharing agreements under the Sun City Accord prioritized political clientelism over merit, leading to widespread pillaging of public finances, state-owned enterprises, and the mining and forestry sectors. Despite the introduction of new anti-corruption laws and the creation of monitoring bodies like the CELC and OCEP, the report finds these efforts largely failed due to a lack of political will, institutional dysfunction, and the complicity of international partners who prioritized electoral stability over good governance.

Friends of the Earth welcomes the Supreme Court's decision to review a 2003 EPA ruling that denied the agency's authority to regulate carbon dioxide as a pollutant. The organization argues that the lack of regulation has coincided with a 16 percent increase in global warming emissions since 1990 and contributed to severe weather events and economic losses, such as the $57.6 billion in insurance losses from 2005 hurricanes.

The report argues that auctioning emissions allowances in the EU ETS is superior to free allocation because it removes price signal distortions, prevents windfall profits, and generates public revenue for climate action and social compensation. While carbon leakage is a primary concern for a small number of energy-intensive manufacturing sub-sectors, the authors find that leakage in the power sector is unlikely due to limited interconnection capacity and long investment cycles. The report recommends a simple, high-frequency, uniform-price auction design and suggests that leakage be addressed through targeted State Aid or border adjustments rather than broad free allocation. Additionally, it highlights that auction revenues can mitigate the regressive nature of carbon pricing by supporting low-income households.

The document details a discussion among legal experts on the shift in WTO Appellate Body (AB) jurisprudence from a strict trade-centric approach to one more sensitive to environmental and health regulations. Key focus areas include the analysis of the Brazil – Retreaded Tyres case, the application of the GATT Article XX necessity test, the role of scientific evidence in the SPS Agreement, and the specific challenges faced by developing countries in navigating trade-environment disputes.

The paper concludes that linking the EU ETS with a US scheme based on the Lieberman-Warner proposal is unlikely to be acceptable to the EU due to significant design differences. The Lieberman-Warner scheme is characterized as systematically less stringent, featuring weaker caps, lower auctioning levels, and extensive cost-containment measures. Such a link would likely result in the EU ceding control over its allowance prices and emissions implications to the US, while also undermining the EU's policy of excluding carbon sink credits.

The document examines the transition of South Africa's juvenile justice system from a punitive, retributive model toward a restorative approach. It details the influence of international instruments like the UN Convention on the Rights of the Child and analyzes the Child Justice Bill's mechanisms for raising the age of criminal capacity, implementing mandatory assessments, and prioritizing diversion over detention.

The document examines two types of standards used to mitigate climate change: product-based energy performance standards and labels, and standards based on processes and production methods (PPMs). It argues that while product standards are highly cost-effective and widely used to correct market failures, PPM-based measures are more controversial in trade law due to concerns over protectionism and impacts on developing countries. The authors advocate for international harmonization of testing and certification procedures and increased technical and financial assistance for Southern exporters to ensure climate goals do not create unfair trade barriers.

The document examines border carbon adjustments (BCAs) as a tool to level the playing field between domestic producers facing climate costs and foreign producers who do not. It identifies key vulnerable sectors—steel, aluminum, paper, chemicals, and cement—and analyzes the significant legal hurdles under WTO rules, specifically the national treatment and most-favoured nation principles. The author argues that for a BCA to be WTO-legal, it would require complex firm-by-firm carbon accounting and a prior good-faith effort toward multilateral agreements. Furthermore, the paper warns that BCAs could be perceived as 'eco-imperialism' and might undermine international climate negotiations, particularly with developing countries like China.

The paper analyzes two types of standards used to mitigate climate change: product-based energy performance standards and labels, and standards based on processes and production methods (PPMs). It argues that energy performance standards are highly cost-effective and should be supported by trade regimes, while PPM-based measures, though more controversial in trade law, can be justified under GATT general exceptions if applied fairly and transparently. The authors emphasize the need for international harmonization of testing procedures and increased technical and financial assistance for developing country exporters to meet these standards.

The document examines the persistence of a 'predatory political and governance culture' in the DRC, tracing it from the colonial era and Mobutu's dictatorship through the 2003–2006 transition. It finds that power-sharing arrangements under the Sun City Agreement effectively removed checks and balances, enabling widespread looting of state assets, mining resources, and public funds. Despite the introduction of new anti-corruption laws and the creation of bodies like the Ethics and Anti-Corruption Commission (CELC), these efforts failed due to a lack of political will, institutional dysfunction, and a reliance on donor-driven initiatives without local ownership.

The report identifies a critical gap between the investment needed for clean energy in developing countries and current funding levels, arguing that the private sector must be the primary driver. It details domestic barriers such as political instability, lack of clear energy policies, and financial system deficiencies, while proposing incentives like feed-in tariffs and microfinance. Additionally, it examines how International Investment Agreements (IIAs), including the Energy Charter Treaty and the ECOWAS Energy Protocol, can either facilitate or restrict a state's regulatory space to implement climate-related policies due to protections against indirect expropriation and requirements for fair and equitable treatment.

The paper examines the necessity and design of a Truth, Justice and Reconciliation Commission (TRC) in Zimbabwe to address decades of state-sponsored violence and impunity. It weighs the tensions between retributive and restorative justice, arguing that while political pragmatism may require conditional amnesties to secure a transition, a formal process is essential for victim redress and national healing. The authors provide a framework for a potential commission, covering its mandate, timing, and the complexities of addressing historical violence, including the 1980s gukurahundi campaign.

The document analyzes how international investment agreements (IIAs) and investor-state dispute settlement (ISDS) mechanisms interact with human rights obligations. It finds that most IIAs are silent on human rights, and the current ad hoc nature of investor-state arbitration creates legal uncertainty for states attempting to enact new human rights or environmental regulations. The author argues that the lack of transparency in these proceedings undermines democratic accountability and recommends the development of model clauses to protect the 'right to regulate' and ensure human rights values are embedded in investment law.

The report proposes the feebate as a technology-neutral, self-financing policy to increase vehicle efficiency without restricting consumer choice. RMI recommends a constant rate per gallon of fuel saved and the use of size classes to ensure fair comparison between vehicles. Analysis of 2005 vehicle data suggests that the number of size classes has a more significant fiscal impact on manufacturers than the specific attribute used to define those classes. The document also examines the legal landscape, suggesting that state-level feebates may avoid federal preemption under CAFE standards, and critiques Canada's Vehicle Efficiency Incentive for using a 'step function' rather than a continuous one.

The document examines the tensions between trade liberalization and climate goals, proposing that the EU integrate ambitious environmental standards into trade agreements and that WTO rules be subordinated to international climate agreements.

The document examines the tensions between trade liberalisation and climate mitigation, proposing that the EU and WTO shift from a market-access focus to one that prioritises environmental standards, technology transfer, and the principle of mutual supportiveness between trade and climate regimes.

The document examines how international trade contributes to climate change, primarily through transport emissions, and explores whether trade mechanisms can be repurposed to support sustainability. It discusses specific tools such as 'fair miles' labeling, the liberalization of environmental goods and services, and the implementation of energy efficiency technical standards. The text highlights a conflict between the EU's 'A Global Europe' strategy—which emphasizes market liberalization—and its climate commitments, arguing that intellectual property rights and trade barriers often hinder the transfer of clean technologies to developing nations. Furthermore, it analyzes the legal uncertainty within the WTO regarding carbon footprint labeling and border tax adjustments, calling for a 'mutual support' principle where trade rules are interpreted to facilitate, rather than obstruct, multilateral environmental agreements.

The document presents diverse perspectives on how trade affects climate change, arguing that while the transport sector is a major emitter, trade can support climate goals through environmental goods and technical standards. However, it warns that the EU's 'Global Europe' strategy and rigid intellectual property rights may undermine climate policies in developing nations. It calls for the WTO to formally recognize the primacy of climate regimes over trade rules to ensure that environmental measures are not blocked by trade disputes.

The report examines the nexus of trade and climate change, focusing on the liberalization of environmental goods, border carbon adjustments, embodied carbon, intellectual property rights, clean energy investment, and product standards. It argues that while trade policy can facilitate the diffusion of low-carbon technologies, it must be carefully aligned with development goals to avoid creating non-tariff barriers for developing nations. The document highlights the tension between protecting domestic industrial competitiveness and maintaining WTO compliance, particularly regarding processes and production methods (PPMs). It concludes that trade liberalization alone is insufficient and must be complemented by financial assistance, technology transfer, and regulatory frameworks to achieve significant emissions reductions.

The document advocates for a comprehensive Arms Trade Treaty (ATT) to establish common international standards for the transfer of conventional arms, shifting the focus from traditional state security to human security and human rights. It argues that an ATT would fill gaps in existing non-binding guidelines and narrow treaties by codifying risk assessment criteria based on international law. The authors demonstrate the feasibility of such a system by drawing analogies to risk assessment practices in human rights, environmental, and trade law, while addressing opposition from some arms-supplying states.