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U.S. Law and the Stockholm POPs Convention: Analysis of Treaty-Implementing Provisions in Pending Legislation
This report by the Center for International Environmental Law (CIEL) analyzes the Safe Chemicals Act of 2011 (S. 847), a bill introduced by Senator Frank Lautenberg to reform the Toxic Substances Control Act (TSCA). The analysis evaluates whether the bill provides the necessary implementing authority for the United States to ratify the Stockholm Convention on Persistent Organic Pollutants (POPs), the POPs Protocol to the Convention on Long-Range Transboundary Air Pollution (LRTAP POPs Protocol), and the Rotterdam Convention.
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Document type: Report
Justice and the Libyan crisis: the ICC’s role under Security Council Resolution 1970
This briefing paper examines the role of the International Criminal Court (ICC) in Libya following UN Security Council Resolution 1970, analyzing the legal implications of the referral, the challenges of enforcement within the African context, and the tension between international justice and military intervention under Resolution 1973.
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Document type: Briefing
PROPOSED AMENDMENT TO THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002: SUBMISSIONS BY 13 NON-‐GOVERNMENT ORGANISATIONS REGARDING ENVIRONMENTAL REGULATION OF PROSPECTING, RECONNAISSANCE, EXPLORATION AND MINING
A submission by 13 non-governmental organisations, coordinated by the Centre for Environmental Rights, addressed to the Minister of Mineral Resources regarding proposed amendments to the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). The document argues that the current environmental regulatory regime for mining is inferior to that of other industrial sectors and calls for the integration of mining regulation under the National Environmental Management Act (NEMA) to ensure better environmental protection, public participation, and enforcement.
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Document type: Statement
Subsidies as an Instrument of Industrial Policy: Are they WTO Compliant?
This policy briefing examines the trend of trade protectionism and 'bail-out' subsidies following the global economic recession, specifically analyzing whether South Africa's industrial support measures comply with World Trade Organization (WTO) rules under the Agreement on Subsidies and Countervailing Measures (ASCM).
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Document type: Policy brief
ANALYSIS OF HUMAN RIGHTS LANGUAGE IN THE CANCUN AGREEMENTS (UNFCCC 16TH SESSION OF THE CONFERENCE OF THE PARTIES)
This research paper by the Center for International Environmental Law analyzes the inclusion of human rights language in the Cancun Agreements, specifically the Cancun LCA Outcome adopted at the UNFCCC 16th Conference of the Parties (COP) in December 2010. The author argues that while the agreements represent a significant step forward in recognizing the human rights implications of climate change and the obligations of State Parties, the language has not yet been fully operationalized and lacks explicit references to the obligations to "protect, promote and fulfill" human rights.
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Document type: Research paper
Belgium’s Model Bilateral Investment Treaty: A review
This report reviews the 2002 Belgian Model Bilateral Investment Treaty (BIT), arguing that it follows a traditional European model that provides extensive protections for foreign investors while imposing broad obligations on host states. The authors contend that the model lacks necessary refinements to preserve policy space for sustainable development, environmental protection, and labour rights, and fails to address governance issues in investor-state dispute settlement.
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Document type: Report
Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism
This research paper, prepared by the Center for International Environmental Law (CIEL) for the UN High Level Task Force (HLTF), examines the intersection of the right to development and climate change. It focuses specifically on the Clean Development Mechanism (CDM) under the Kyoto Protocol, evaluating whether its design and implementation align with human rights-based criteria for development. The author argues that while the CDM mobilizes private funds for mitigation, it suffers from governance gaps, inequitable geographical distribution of projects, and a lack of procedural safeguards for affected communities.
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Document type: Research paper
The Quest for Affordable Food: Prospects in the Doha Round for Net Food-importing Developing Countries
This research paper by the South African Institute of International Affairs examines the impact of agricultural trade policies and the Doha Round of WTO negotiations on the food security of net food-importing developing countries (NFIDCs). It analyzes how trade-distorting subsidies, export restrictions, and tariff reforms affect the affordability and accessibility of food in low-income societies.
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Document type: Research paper
An African expert study on the African Union concerns about article 16 of the Rome Statute of the ICC
This 2010 position paper by the Institute for Security Studies examines the legal and political tensions between the African Union (AU), the United Nations Security Council (UNSC), and the International Criminal Court (ICC), specifically regarding the use of Article 16 of the Rome Statute to defer prosecutions of Sudanese President Omar al-Bashir.
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Document type: Report
Cameroun: Une analyse juridique de la mutation constitutionnelle du 10 avril 2008
This briefing provides a legal analysis of the April 10, 2008, constitutional revision in Cameroon, arguing that it reinforces presidential hegemony and undermines the principle of constitutional supremacy. The authors place this event within a broader African trend of 'authoritarian recuperation,' where leaders modify constitutions to remove term limits and perpetuate their hold on power.
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Document type: Briefing
Risks for Host States of the Entwining of Investment Treaty and Contract Claims: Dispute Resolution Clauses, Umbrella Clauses, and Forks-in-the-Road
This report analyzes the legal risks host states face when international investment agreements (IIAs) allow investors to 'internationalize' contract disputes, engage in forum-shopping, or initiate multiple legal proceedings. It examines the impact of broadly-worded dispute resolution clauses, umbrella clauses, and fork-in-the-road clauses, providing a survey of IIA drafting trends and arbitral jurisprudence to recommend best practices for protecting state sovereignty.
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Document type: Report
bit_comments_aug09-4867933a2517bc5a.pdf
A coalition of civil society organizations, including the Center for International Environmental Law and Earthjustice, submitted comments to the U.S. Department of State and the U.S. Trade Representative on July 31, 2009, regarding the review of the 2004 U.S. Model Bilateral Investment Treaty (BIT). The coalition argues that the model BIT fails to balance investor rights with public interest protections and grants foreign investors greater substantive rights than those afforded to U.S. citizens under domestic law.
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Document type: Statement
Sierra Leone: A Country Review of Crime and Criminal Justice, 2008 African Human Security Initiative
This report chapter examines the state of the prison system in Sierra Leone as of 2008-2009, detailing systemic failures in human rights, infrastructure, and legal processes. It highlights severe overcrowding, poor medical care, and a lack of legal representation, while noting that the Prisons Service lacks the funding and human resources to comply with international standards despite government efforts to renovate facilities.
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Document type: Report
BORDER WALL: BROADEST WAIVER OF LAW IN AMERICAN HISTORY
This report by the Center for International Environmental Law examines the legal history and environmental impact of the U.S.-Mexico border wall, focusing on the unprecedented authority granted to the Secretary of Homeland Security to waive all legal requirements to expedite construction.
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Document type: Report
Addressing global environmental challenges: What to expect from future dispute settlement panels
This report summarizes a September 2008 WTO Public Forum session organized by the Center for International Environmental Law (CIEL) and Friends of the Earth Europe (FOEE). The discussion, featuring legal experts, examined the evolution of WTO jurisprudence regarding environmental and health measures, the impact of the Brazil – Retreaded Tyres decision, and the specific challenges faced by developing countries in trade-environment dispute settlements.
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Document type: Report
Will Robert Mugabe face trial?
This research paper examines the legal possibilities and political obstacles to putting Robert Mugabe on trial, analyzing the roles of universal jurisdiction and the International Criminal Court (ICC).
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Document type: Research paper
Standards, Labelling and Certification
This research paper examines the role of product energy performance standards and processes and production methods (PPMs) in mitigating climate change and their interaction with international trade law. It argues that while energy efficiency standards are highly cost-effective and should be supported by trade regimes, PPM-based measures are more legally complex and controversial, particularly regarding their impact on developing country exporters and their consistency with WTO rules.
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Document type: Research paper
Standards, Labelling and Certification
This research paper examines the role of product standards, energy labelling, and processes and production methods (PPMs) in addressing climate change and their interactions with international trade law and the World Trade Organization (WTO).
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Document type: Research paper
Leçons d’activisme citoyen en Ouganda : Sauver la forêt de Mabira
This research paper by Bashir Twesigye analyzes the 2006 citizen-led campaign to prevent the Ugandan government from granting 7,100 hectares of the Mabira Central Forest Reserve to the Mehta Group for sugarcane production. The author examines how environmental activism served as a vehicle for broader governance and accountability demands, leveraging Uganda's 1995 Constitution and the National Environment Act to successfully halt the land transfer.
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Document type: Research paper
Comercio ecológico
This briefing, published by the Socialist Group in the European Parliament, examines the complex relationship between international trade and climate change. It presents diverse perspectives on whether trade is a solution or a driver of the climate crisis, discussing the role of the European Union (EU), the World Trade Organization (WTO), and the impact of trade policies on developing nations.
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Document type: Briefing