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339 results
Right to Food and Climate Change in Southern Africa: International and National Protection for Indigenous Peoples. The Cases of South Africa, Namibia and Botswana
This research paper examines the 'right to food' (RtF) for indigenous peoples in Southern Africa within the context of climate change, analyzing international, regional, and national legal frameworks in South Africa, Namibia, and Botswana.
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Document type: Research paper
REQUEST FOR UPDATE ON AND PRIORITISATION OF THE CLIMATE CHANGE BILL, 2018
The Centre for Environmental Rights (CER), acting on behalf of the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, wrote to the Acting Minister of Environmental Affairs on 20 November 2018 to request an update on the status and prioritisation of the Climate Change Bill, 2018. The CER argues that the promulgation of climate legislation is a Constitutional imperative and a legal obligation of the state to protect citizens from the urgent threats of climate change.
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Document type: Statement
Developing and Negotiating Based on a Model Investment Treaty
This briefing note provides background for an IISD webinar on the development and negotiation of model bilateral investment treaties (BITs). It examines why countries are revising their investment governance frameworks, the shift toward more transparent consultation processes, and the substantive changes in new-generation models aimed at protecting the right to regulate and promoting sustainable development.
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Document type: Briefing
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S APPLICATION FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS (MES) FOR 14 OF ITS COAL AND LIQUID FUEL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER), acting as part of the Life After Coal campaign, submitted a formal objection to Eskom's application to postpone compliance with Minimum Emission Standards (MES) for 14 power stations. The submission argues that such postponements are legally impermissible because the power stations are located in priority areas where national ambient air quality standards (NAAQS) are not being met. The CER contends that the Background Information Document (BID) provided by Eskom is incomplete and misleading, and that the continued emissions cause severe health impacts and premature deaths in surrounding communities.
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Document type: Statement
Recommendations for IDB Invest’s Access to Information Policy
The Center for International Environmental Law (CIEL) provides a series of recommendations to the Inter-American Investment Corporation (IDB Invest) to strengthen its draft Access to Information Policy. CIEL argues that the policy should align with international human rights standards and regional agreements, such as the Escazú Agreement, to ensure the safety and meaningful participation of affected communities, particularly in Latin America and the Caribbean.
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Document type: Report
International Energy Charter Draft Model Investment Dispute Prevention and Management Protocol
The International Institute for Sustainable Development (IISD) provides a legal analysis of a draft Model Investment Dispute Prevention and Management Protocol developed by the International Energy Charter Secretariat, arguing that the proposed legal instrument creates unnecessary legal risks for states.
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Document type: Policy brief
AMICI CURIAE BRIEF (Pendapat Hukum Para Sahabat Pengadilan) State Administrative Lawsuit on Cancellation of Bali Governor's Decree No.660.3 / 3985 / IV-A / DISPMPT About Environmental Permit Development of Steam Power Plant (PLTU) given to PT. PLTU CELUKAN BAWANG ON THE VILLAGE ON THE SUPPORT OF GEROKGAK DISTRICT, REGENCY OF BULELENG
This amicus curiae brief, submitted by a coalition of environmental law organizations, urges the court to vacate the Bali Governor's Decree granting an environmental permit for the expansion of the PLTU Celukan Bawang coal-fired power plant. The brief argues that the project's environmental impact analysis (ANDAL) is legally insufficient because it fails to comprehensively assess climate change impacts, including greenhouse gas emissions and the project's vulnerability to sea-level rise.
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Document type: Briefing
Ciel statement on Massachusetts Supreme Judicial Court ruling on Exxon
The Center for International Environmental Law (CIEL) responds to a Massachusetts Supreme Judicial Court ruling that allows the State Attorney General to investigate ExxonMobil regarding the concealment of fossil fuels' role in climate change.
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Document type: Statement
Joint Summary of the Amicus Curiae Briefs submitted in support of Petitioners, Greenpeace Southeast Asia et al.
This document is a cover letter accompanying a Joint Summary of Amicus Curiae Briefs submitted to the Commission on Human Rights of the Philippines. The submission supports petitioners Greenpeace Southeast Asia et al. in a national inquiry into the impact of climate change on the human rights of the Filipino people, specifically focusing on the responsibility of 'Carbon Majors' companies for human rights violations.
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Document type: Statement
Decisão do STF sobre o novo Código Florestal enfraquece a Cota de Reserva Ambiental (CRA)
This article analyzes a decision by the Brazilian Supreme Federal Court (STF) regarding the 2012 Forest Code (Law No. 12,651/2012), specifically focusing on how contradictory rulings regarding the Environmental Reserve Quote (CRA) create legal uncertainty and potentially weaken this market-based mechanism for environmental regularization.
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Document type: Report
Submission to the Office of the United Nations High Commissioner for Human Rights on the Draft Guidelines on Effective Implementation of the Right to Participate in Public Affairs
The Center for International Environmental Law (CIEL) submitted recommendations to the Office of the United Nations High Commissioner for Human Rights (OHCHR) regarding the Draft Guidelines on Effective Implementation of the Right to Participate in Public Affairs. CIEL argues that the guidelines must address the systemic constraining of fundamental rights, specifically emphasizing the intersection of environmental decision-making, human rights, and the opacity of international investment agreements.
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Document type: Statement
NOTA TÉCNICA O NOVO CÓDIGO “FRANKENSTAL”
This technical briefing by the Climate Policy Initiative analyzes the Brazilian Supreme Court's (STF) rulings on the constitutionality of Law 12.651/2012 (the new Forest Code). The authors argue that by judging legal provisions separately rather than addressing the core issue of the July 22, 2008, time limit, the court has created contradictory rulings that threaten legal certainty and the effective implementation of environmental regulations.
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Document type: Briefing
Subpoenaed Exxon Yet?
A statement by CIEL President & CEO Carroll Muffett criticizing Exxon's legal strategy of filing discovery requests and lawsuits against public officials, attorneys, and organizations investigating the company's role in the climate crisis.
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Document type: Statement
ATI Network Shadow Report 2018
The ATI Network Shadow Report 2018, compiled by the South African History Archive (SAHA) and other civil society members, evaluates the effectiveness of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 June 2017 and 31 July 2018. The report highlights systemic failures in public body compliance, including high rates of non-responsiveness and the misuse of legal provisions to delay information release, while also discussing the challenges of accessing data from private bodies and the impact of these barriers on rights to education and the environment.
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Document type: Report
Informe Paralelo sobre ESPAÑA relativo a la contaminación del aire y cambio climático
This parallel report, submitted to the Committee on the Rights of the Child by the International Institute for Law and the Environment (IIDMA) and the Center for International Environmental Law (CIEL), argues that Spain's continued reliance on coal-fired power plants violates children's rights to health and a sustainable environment. The document details the health impacts of air pollution on children, the role of coal in greenhouse gas emissions, and the legal exceptions Spain has used to bypass European Union emission limits.
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Document type: Report
NOTA TÉCNICA COMENTÁRIOS AO VOTO DO MINISTRO LUIZ FUX ADIs EM FACE DA LEI Nº 12.651/2012 (NOVO CÓDIGO FLORESTAL)
This technical briefing by the Climate Policy Initiative (CPI) provides a detailed analysis and critique of Minister Luiz Fux's vote regarding several Direct Actions of Unconstitutionality (ADIs) challenging the Brazilian Forest Code (Law No. 12.651/2012). The document highlights legal inconsistencies in the Minister's approach to the July 22, 2008, temporal milestone and the potential impacts of declaring the Environmental Regularization Program (PRA) unconstitutional.
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Document type: Briefing
THE DEVELOPMENT BANK OF SOUTHERN AFRICA’S ROLE IN THE FINANCING OF THE PROPOSED THABAMETSI COAL-FIRED POWER PLANT
The Centre for Environmental Rights (CER) issued a statement to the Development Bank of Southern Africa (DBSA) expressing alarm over the bank's role in financing the proposed Thabametsi coal-fired power plant. The CER argues that such financing contradicts the DBSA's own sustainability commitments, ignores a landmark court ruling regarding climate change impacts, and exposes the bank to the risk of stranded assets.
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Document type: Statement
AMICUS CURIAE BRIEF IN OPPOSITION TO THE PETITION FOR WRIT OF MANDAMUS
This amicus curiae brief, submitted by the Center for International Environmental Law (CIEL) and the Environmental Law Alliance Worldwide-US (ELAW), opposes a petition for a writ of mandamus in a case involving the right to a climate system capable of sustaining human life. The brief argues that the district court did not commit a clear legal error in recognizing this right, citing international law, treaties, and foreign and domestic jurisprudence to support the link between a stable climate and fundamental human rights.
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Document type: Briefing
COURT RULING THREATENS TO RESULT IN MORE HEAT-TRAPPING CHEMICALS
A briefing by Energy Innovation detailing the potential climate impact of a U.S. Court of Appeals ruling that vacated an Environmental Protection Agency (EPA) standard for regulating hydrofluorocarbons (HFCs) through the Significant New Alternatives Policy (SNAP) program.
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Document type: Briefing
IN SEARCH OF THE SOLUTION TO FARMER–PASTORALIST CONFLICTS IN TANZANIA
This research paper examines the causes and resolution of land-use conflicts between farmers and pastoralists in Tanzania, specifically focusing on the Pawaga division. It argues that these conflicts are driven by historical evictions, 'green grabbing' for conservation, large-scale agricultural investments, and a formal land dispute settlement system that is biased against pastoralists. The author proposes a community-based coalition model, piloted by the Tanzania Natural Resource Forum (TNRF), as a more effective alternative to formal judicial and administrative mechanisms.
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Document type: Research paper