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Comparative Commentary to Brazil’s Cooperation and Investment Facilitation Agreements (CIFAs) with Mozambique, Angola, Mexico, and Malawi
This briefing provides a comparative legal commentary on Brazil's first four Cooperation and Investment Facilitation Agreements (CIFAs), highlighting how they differ from traditional bilateral investment treaties by prioritizing cooperation over investor protection and excluding investor-state arbitration.
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Document type: Briefing
WRITTEN COMMENTS ON THE DRAFT REGULATIONS PERTAINING TO THE FINANCIAL PROVISION FOR THE REHABILITATION, CLOSURE AND POST CLOSURE OF PROSPECTING, EXPLORATION, MINING AND PRODUCTION OPERATIONS
The Centre for Environmental Rights (CER) submitted written comments on December 1, 2014, regarding the Draft Regulations for financial provision for the rehabilitation, closure, and post-closure of mining operations in South Africa. While the CER views the draft as a "welcome improvement" over previous systems, it argues that the regulations are too narrow in scope, lack sufficient definitions for 'rehabilitation' and 'specialist', and contain loopholes regarding trust deeds and the duration of 'care and maintenance' periods.
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Document type: Statement
WRITTEN COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS
The Centre for Environmental Rights (CER) submitted written comments on the Draft Environmental Impact Assessment (EIA) Regulations published in August 2014. The CER argues that the proposed timeframes for assessments and decision-making are insufficient and potentially unconstitutional, and that the regulations fail to adequately address climate change impacts, the inefficiencies of the basic assessment process, and the need for clear guidance on biodiversity offsets to ensure 'no net loss' to the environment.
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Document type: Statement
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The CER argues that the draft regulations contain overly broad confidentiality restrictions that hinder public access to emissions data, contradicting international best practices and South African constitutional and statutory principles.
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Document type: Statement
The Ambiguous March to Equity
This commentary analyzes the limitations of the draft European Union (EU) Regulation on Access and Benefit Sharing (ABS), arguing that its narrow scope, administrative 'light touch' approach, and specific loopholes undermine the spirit of the Convention on Biological Diversity (CBD) and the Nagoya Protocol.
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Document type: Report
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2013 [B15-2013]
The Centre for Environmental Rights (CER) submitted comments to the Portfolio Committee on Mineral Resources regarding the Mineral and Petroleum Resources Development Amendment Bill, 2013. The CER criticizes the Department of Mineral Resources (DMR) for failing to meaningfully consult civil society and mining-affected communities, identifies numerous drafting errors in the Bill, and provides detailed legal objections to proposed changes concerning environmental authorizations, penalty regimes, and the granting of mining rights.
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Document type: Statement
Oral comments at public hearing on the Transatlantic Trade and Investment Partnership (TTIP)
Oral comments delivered by Baskut Tuncak of the Center for International Environmental Law (CIEL) on May 29, 2013, regarding the proposed Transatlantic Trade and Investment Partnership (TTIP). The statement warns against "enhanced regulatory cooperation" on chemicals that might undermine the European Union's more stringent hazard-based regulatory approach in favor of the United States' risk-based approach.
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Document type: Statement
Preliminary Comments on the Chairman’s Paper dated 9 May 2002 Fourth Session of the Preparatory Committee for the World Summit on Sustainable Development
This briefing from the Center for International Environmental Law (CIEL) provides preliminary comments and proposed textual amendments to the Chairman's Paper dated 9 May 2002 for the Fourth Session of the Preparatory Committee for the World Summit on Sustainable Development. CIEL argues that while the draft has improved, it still lacks critical protections for human rights, community-based property rights, and rigorous regulation of biotechnology, and it fails to sufficiently address the risks associated with intellectual property rights and the liberalization of trade in services.
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Document type: Briefing
Comments on Selected Portions of the JWGC Co-Chairs’ “Elements” Paper
The Center for International Environmental Law (CIEL) provides comments on the Joint Working Group on Compliance (JWGC) Co-Chairs' "Elements" paper regarding the Kyoto Protocol's compliance system. CIEL advocates for a standing compliance body with distinct facilitative, enforcement, and eligibility branches, emphasizing transparency, civil society participation, and a dynamic Compliance Fund to replace "borrowing" as a remedy for non-compliance.
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Document type: Statement
Comments on proposed changes to the National Water Amendment Bill as published in GN 4097 in GG 49733 of 17 November 2023
The Centre for Environmental Rights (CER) provides detailed comments on the proposed National Water Amendment Bill, focusing on the protection of water source areas, the integration of climate change resilience, and the strengthening of public participation and enforcement mechanisms in water licensing.
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Document type: Statement
17-06-2021-cer-comments-on-the-draft-asm-policy-2021-f5fc80e02cd7b026.pdf
The Centre for Environmental Rights (CER) provides comments on the draft Artisanal and Small-Scale Mining (ASM) Policy 2021, arguing that ASM operators should be held to the same environmental, water, and health and safety standards as large-scale miners to prevent poverty and inequality caused by environmental degradation.
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Document type: Statement
Assessing the Effects on Forests of Proposed Trade Liberalization in the Forest Product Sector
The Center for International Environmental Law (CIEL) submitted comments to the U.S. Trade Representative (USTR) and the Council on Environmental Quality (CEQ) arguing that proposed trade liberalization in the forest product sector could exacerbate forest degradation and loss. CIEL contends that the current U.S. environmental review process is inadequate and calls for the administration to halt negotiations until a comprehensive assessment, guided by the National Environmental Policy Act (NEPA), is completed. The document emphasizes that trade liberalization can intensify negative impacts if countries lack robust forest protection frameworks, and suggests that developed nations provide technical and financial assistance to developing ones to establish sustainable management systems.
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Document type: Statement
SUBMISSION OF NATURAL JUSTICE’S COMMENTS TO THE CARBON CLIMATE CHANGE (CARBON REGISTRY) REGULATIONS, 2025
Natural Justice, a pan-African organization, submitted comments and recommendations on the Draft Climate Change (Carbon Registry) Regulations, 2025. The submission advocates for a more transparent, inclusive, and publicly accessible carbon registry system in Kenya that safeguards the rights of Indigenous Peoples and local communities.
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Document type: Statement