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This briefing paper examines the policy tools available to Eastern African states to foster 'national champions' in the mining sector and maximize sustainable development benefits from foreign direct investment. It analyzes the effectiveness of ownership and performance requirements and evaluates how international investment agreements, specifically Bilateral Investment Treaties (BITs), may restrict the policy space of host governments.

This briefing by the International Institute for Sustainable Development (IISD) examines the policy tools available to East African states to develop 'national champions' in the mining sector and the legal constraints imposed by bilateral investment treaties (BITs). It evaluates ownership and performance requirements, contrasting their developmental utility with the restrictive nature of international investment law.

This research paper analyzes the legal implications of the 2014 annexation of Crimea by the Russian Federation, examining the conflict between the right to self-determination and the principles of territorial integrity and national unity under international law.

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.

This commentary analyzes a May 6, 2013, World Trade Organization (WTO) Appellate Body ruling regarding renewable energy generation measures in a dispute involving Canada (Ontario), Japan, and the European Union. The author argues that the ruling failed to provide necessary legal clarification on WTO rules for sustainable energy and may have created a problematic carve-out of the subsidy agreement, concluding that WTO members rather than the Appellate Body should define the boundaries for renewable energy support.

The Centre for Environmental Rights (CER), representing several community groups and NGOs, submitted comments on July 19, 2013, opposing Eskom's applications for exemptions and postponements regarding Minimum Emission Standards (MES). The CER argues that such applications are legally invalid because ambient air quality standards (AAQS) are already exceeded in the priority areas where most Eskom plants are located. The document highlights severe health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider renewable energy alternatives or the decommissioning of worst-performing plants.

The Centre for Environmental Rights (CER) submitted comments on 27 March 2013 regarding the draft Infrastructure Development Bill, 2013. The CER argues that the Bill is vulnerable to Constitutional challenge because it disregards national environmental policies, undermines the functions of provincial and local governments, and conflicts with the Promotion of Administrative Justice Act, 2000 (PAJA). While supporting the goal of streamlined approvals, the CER asserts that the Bill's proposed fast-tracking of infrastructure projects risks bypassing essential environmental impact assessments (EIAs) and public participation processes.

This report by the International Institute for Sustainable Development (IISD) analyzes the legal principles and methods used to determine compensation for the expropriation of foreign investments. It examines the tension between customary international law and Bilateral Investment Treaties (BITs), highlighting how vague treaty language often leaves the calculation of compensation to the discretion of arbitral tribunals and accounting firms. The document provides recommendations for States to draft more precise BIT clauses to protect public funds and maintain regulatory space for public interest legislation.

This guide by the International Institute for Sustainable Development (IISD) analyzes the legal principles and methods for calculating compensation in cases of expropriation of foreign investments. It examines the differences between customary international law and Bilateral Investment Treaties (BITs), highlighting the challenges of valuing indirect expropriation and the risks associated with various valuation methods used by arbitral tribunals.

This report by Natural Justice and the Berne Declaration critiques a draft European Commission (EC) Regulation for implementing the Nagoya Protocol. The authors argue that the draft's focus on 'access' as the trigger for user obligations, rather than 'utilisation', creates legal uncertainty for EU users and undermines the Protocol's goal of fair and equitable benefit-sharing.

The Center for International Environmental Law (CIEL) provides comments on a Revised Legal Analysis by the Basel Convention's Secretariat regarding hazardous wastes generated on board ships. CIEL argues that the Secretariat's analysis creates loopholes by excluding non-Marpol wastes generated on ships from the Convention's transboundary movement (TBM), generation, and environmentally sound management (ESM) obligations. CIEL proposes alternative interpretations based on the Vienna Convention on the Law of Treaties (VCLT), emphasizing that both coastal State jurisdiction (in internal waters, territorial seas, and EEZs) and flag-State jurisdiction (including on the high seas) should trigger Basel obligations for non-Marpol wastes.

This research paper examines the application of the 'complementarity' principle in Africa, arguing that a broader, 'positive' understanding of the concept—where domestic courts, regional bodies, and civil society actively fill impunity gaps—is essential for the success of international criminal justice on the continent.

This report analyzes the legal and institutional frameworks governing Indigenous Peoples’ and Local Communities Conserved Territories and Areas (ICCAs) in the Philippines. It examines the tension between the Indigenous Peoples Rights Act (IPRA) of 1997 and other state laws, such as the Philippine Mining Act of 1995 and the National Integrated Protected Areas System (NIPAS) Act of 1992, highlighting how the 'Regalian Doctrine' often undermines community land rights and local governance.

This document is an amicus curiae brief submitted by EarthRights International and the Center for International Environmental Law to the Constitutional Court of Peru. It argues that the Peruvian state violated the fundamental rights of the Arboleda indigenous people and other titled peoples in the Tiquillaca district by granting mining concessions without prior consultation, as required by international law and the Peruvian Constitution.

This 2012 report by the Centre for Environmental Rights, funded by WWF-SA, evaluates the system for financial provisions for mine rehabilitation and closure in South Africa. It identifies systemic failures in the estimation, securing, and reporting of these funds, arguing that current practices often lead to the underestimation of environmental liabilities and leave the state vulnerable to costs from abandoned mines.

This research paper analyzes the compatibility of the Australian Government's Illegal Logging Prohibition Bill with World Trade Organization (WTO) rules. It examines the bill's proposals to ban illegally logged timber imports and domestic processing, while requiring due diligence from importers and processors. The authors conclude that the legislation is likely WTO-compatible provided it is implemented non-discriminatorily and does not afford protection to domestic products.

This report by the International Institute for Sustainable Development (IISD) examines the legal complexities of 'indirect expropriation' in international investment law. It analyzes how the lack of a clear definition in most investment treaties creates tension between the protection of foreign private investments and the sovereign right of host states to regulate in the public interest, particularly regarding health, environment, and human rights.

This report by the International Institute for Sustainable Development (IISD) examines the legal complexities of 'indirect expropriation' in international investment law. It analyzes how the lack of a precise definition in treaties allows arbitral tribunals to apply varying criteria—such as the 'sole effect doctrine' or proportionality—which can conflict with a state's sovereign right to regulate for the public interest, including health, environment, and human rights.

This report by the International Institute for Sustainable Development (IISD) analyzes how the definition of an 'investor' in Bilateral Investment Treaties (BITs) affects the ability of private entities to access international arbitration. It examines the risks of 'treaty shopping'—where investors artificially acquire a nationality to benefit from a more favorable treaty—and evaluates the effectiveness of liberal versus restrictive clauses in BITs. The document provides recommendations for states to better define protected investors to prevent abusive practices and ensure reciprocity.