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intitle:
The document title intitle:"climate education"
ispublisher:
The publishing organization ispublisher:CAPE
insummary:
Summary and key findings insummary:"conflict of interest"
hasconcept:
Climate tags, frame/perspective and analysis type hasconcept:"Climate Justice"
geography:
Regions the document covers or discusses geography:Canada
doctype:
Document type doctype:report
lang:
Document language, as an ISO code lang:fr
cidid:
One record, by its directory id cidid:iisd-000297
Analysis TypeLegal analysis
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1,290 results

  • The document explores the intersection of environmental law and climate change in Africa, arguing that legal mechanisms are essential for enforcing policy decisions and managing the continent's vulnerability to climate sensitivity. It highlights how existing developmental challenges, such as poverty and institutional weaknesses, aggravate this vulnerability and proposes multi-disciplinary approaches to mitigation and adaptation.

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    Document type: Research paper

    Regions: Africa
  • The report provides a comprehensive review of Benin's criminal justice system, divided into three parts: an analysis of severe prison overcrowding and poor living conditions, an evaluation of juvenile justice and the state of rehabilitation centers, and an investigation into the persistence and function of customary law. It highlights a significant gap between national legal texts and the reality of their implementation, noting that many citizens prefer traditional justice over a formal system characterized by slowness, corruption, and high costs.

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    Document type: Report

    Regions: Benin
  • The document serves as a teaching module on the International Criminal Court (ICC) and the domestic prosecution of international crimes. It details the ICC's evolution, its four primary organs, and the complex jurisdictional triggers and admissibility requirements, specifically the principle of complementarity. It further analyzes the tension between the ICC's mandate and state immunities, particularly regarding the Rome Statute's Articles 27 and 98. Finally, it compares how South Africa, Botswana, and Malawi incorporate international crimes into their national laws, highlighting South Africa's more comprehensive implementing legislation compared to the limited Geneva Conventions Acts in Botswana and Malawi.

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    Document type: Guide

    Regions: World
  • The monograph examines the transition of private military and security companies (PMSCs) from combat-oriented 'markets for force' to support-oriented 'markets for peace' in Africa. It analyzes the legal ambiguities surrounding PMSC status under international humanitarian law, the challenges of accountability and transparency in hybrid missions in countries like Liberia and Sudan, and the tension between the pragmatic need for private capacity and the moral concerns regarding the privatization of state security functions. The authors propose a 'steering and rowing' framework to ensure that the UN and AU maintain strategic control while utilizing private firms for non-core technical and logistical support.

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    Document type: Report

    Regions: Africa
  • The report analyzes the intersection of private security services and international law, specifically focusing on the definition of mercenaries under Protocol I of the Geneva Conventions and the legal obligations of states where such companies are based. It explores the legitimacy of providing military support to governments versus dissident parties, the risks of privatizing security for corporations in weak states, and the ethical and legal dilemmas humanitarian organisations face when considering armed escorts. The text concludes that the rise of 'new mercenaries' requires a coordinated UN response to prevent the erosion of national sovereignty and ensure adherence to humanitarian principles.

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    Document type: Report

    Regions: World
  • The document serves as a guide for community facilitators to understand Access and Benefit Sharing (ABS), defined as the "fair and equitable sharing of the benefits arising from the use of genetic resources." It details the legal rights of Indigenous peoples and local communities under the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the necessity of prior and informed consent and mutually agreed terms. The guide highlights the disparity where resources are often in the Global South while benefits flow to the Global North, and it provides case studies from Southern Africa and India to illustrate the challenges of implementing fair ABS agreements. It concludes with practical advice for communities to develop biocultural community protocols and engage in advocacy to secure their rights over traditional knowledge and genetic resources.

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    Document type: Guide

    Regions: World
  • The community audit of the Sendou coal-fired power plant in Bargny, Senegal, reveals significant violations of environmental and human rights. Key findings include the discharge of hydrocarbon-contaminated wastewater into Lake Khouloup, air pollution from unconfined coal and ash piles, and the expropriation of land previously designated for victims of coastal erosion without just compensation. The report also highlights the disruption of local economic activities, specifically fish processing at Khelcom, and the restriction of access to a sacred baobab tree, violating religious freedoms.

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    Document type: Report

    Regions: BargnySenegal
  • Natural Justice argues that the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill (B5-2022) requires stronger penalties, better enforcement mechanisms, and more transparent exemptions to effectively protect South Africa's marine ecosystems. The organization specifically criticizes exemptions for ship trials and offshore mineral processing as contradictory to South Africa's Paris Agreement commitments and the national energy transition. It further calls for the inclusion of local communities and traditional leaders in the legislative process and the involvement of local authorities and specialized maritime police in enforcement.

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    Document type: Statement

    Regions: South Africa
  • The report examines the interaction between ICCAs and international and national laws, finding that while international instruments and some national policies show progress, systemic gaps and discriminatory implementation continue to threaten these areas. It highlights the critical need for the recognition of customary land rights, self-determination, and integrated socio-ecological legislation to support community-led conservation.

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    Document type: Report

    Regions: World
  • The briefing examines the systemic threats facing TICCAs, highlighting a widespread lack of legal recognition for customary land rights and traditional governance. While noting positive developments in international jurisprudence and specific national programs—such as Australia's Indigenous Protected Areas and Namibia's Communal Conservancies—it argues that state legislation often remains discriminatory, fragmented, and exclusionary. The document provides comprehensive recommendations for legal reform, the adoption of human rights standards, and the implementation of non-legal support mechanisms to ensure the resilience of indigenous-led conservation.

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    Document type: Briefing

    Regions: World
  • The Land Value (Amendment) Act, 2019, allows the Kenyan government to take possession of land before paying compensation, with a payment window of up to one year. The Act repeals the requirement for Free Prior Informed Consent (FPIC) for displaced persons and adopts a market-value approach for community land valuation, which may ignore non-monetary cultural and livelihood values. Furthermore, the requirement to prove six years of uninterrupted occupation for unregistered land is identified as a barrier for itinerant pastoralists.

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    Document type: Fact sheet

    Regions: Kenya
  • The report analyzes Mozambique's legal landscape regarding traditional knowledge (TK), highlighting a fragmented system where protection is often indirect. While the 2007 ABS Regulation (Decree No. 19/2007) is the primary tool for biodiversity-related TK, it faces implementation challenges and is currently under revision. Other frameworks, including the Industrial Property Code and Copyright Law, offer limited or specific protections like geographical indications. The document emphasizes the role of community participation in natural resource management and identifies poverty, weak community institutions, and lack of legal awareness as major barriers to effective TK protection.

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    Document type: Report

    Regions: Mozambique
  • Coastal communities and environmental organisations are appealing to the Constitutional Court of South Africa to set aside a Supreme Court of Appeal (SCA) order that allows the Minister to decide on Shell's latest renewal application for exploration rights. The appellants argue the SCA order is not "just and equitable" because it permits Shell to rectify a failed consultation process from over a decade ago and fails to protect community livelihoods, cultural rights, and the right to a healthy environment. The Constitutional Court hearing is scheduled for 16 and 17 September 2025.

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    Document type: Fact sheet

  • The document explains how international law, primarily through the Convention on Biological Diversity (CBD), protects traditional knowledge and customary sustainable use of biodiversity. It details the obligations of CBD Parties under Articles 8(j) and 10(c), outlines voluntary instruments like the Akwé: Kon Guidelines and the Tkarihwaié:ri Code of Ethical Conduct, and discusses other frameworks such as UNDRIP and ILO 169. The guide highlights opportunities for communities to advocate for broader rights and challenges such as the restrictive 'compatibility' requirements for legal protection.

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    Document type: Guide

    Regions: World
  • The document serves as a guide for indigenous peoples and local communities to understand their rights and responsibilities under international frameworks regarding biodiversity. It focuses heavily on the Convention on Biological Diversity (CBD), particularly Articles 8(j) and 10(c), which mandate that parties respect, preserve, and maintain traditional knowledge and encourage customary use of biological resources. The guide outlines various voluntary instruments, such as the Akwé: Kon Guidelines and the Tkarihwaié:ri Ethical Code of Conduct, and discusses other relevant frameworks from the FAO, ILO, and UN. It also identifies key challenges, such as the restrictive nature of 'compatibility' requirements for conservation and the lack of clarity regarding intellectual property rights.

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    Document type: Guide

    Regions: World
  • The document serves as a guide to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), detailing the collective and individual rights of Indigenous peoples, including self-determination and free, prior and informed consent. It outlines the responsibilities of States and the UN, provides criteria for identifying Indigenous peoples, and offers practical avenues for reporting human rights violations through UN mechanisms. The guide specifically highlights the intersection of UNDRIP with biological diversity, conservation, and land rights.

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    Document type: Guide

    Regions: World
  • The document argues that international financial institutions (IFIs) often fund projects in energy, resource extraction, and infrastructure that lead to human rights abuses and environmental damage. It calls on the UN Human Rights Council to hold these institutions and their member states accountable, recommending the adoption of human rights due diligence, impact assessments, and safeguard policies consistent with international law.

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    Document type: Statement

    Regions: World
  • The report analyzes the interaction between ICCAs and international law, national legislation, and institutional frameworks. It identifies systemic threats to these areas, including discriminatory law enforcement and a lack of secure land tenure. While noting positive developments like the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and specific national reforms in countries like Kenya and Bolivia, it emphasizes that state-led conservation often excludes indigenous peoples. The document provides comprehensive recommendations for legal reform, the recognition of customary land rights, and the implementation of non-legal support mechanisms to ensure the sustainability of ICCAs.

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    Document type: Report

    Regions: World
  • The document outlines the legal challenges faced by communities regarding land and resource rights, specifically the lack of recognition for customary laws and state ownership of sub-soil resources. It provides a comprehensive directory of international instruments, such as the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169, as well as business and finance guidelines (e.g., UN Guiding Principles on Business and Human Rights, IFC Performance Standards) that can be used to empower communities. The guide suggests including customary laws, governance structures, and specific national/international legal references in community protocols to define terms for external engagement and protect cultural and environmental heritage.

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    Document type: Guide

  • The document serves as a guide for indigenous communities to understand and utilize the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It details the historical context of the Declaration, defines 'indigenous peoples' according to international standards, and breaks down the specific individual and collective rights granted under the instrument, including self-determination and free, prior and informed consent. The guide also outlines the responsibilities of States and the UN, provides examples of national and regional implementation, and offers practical pathways for reporting human rights violations through UN mechanisms.

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    Document type: Guide

    Regions: World
Showing 1,241–1,260 of 1,290 documents