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Assessing the Impact of NAFTA on Environmental Law and Management Processes
This research paper analyzes how trade and investment disciplines under NAFTA and the WTO impact the ability of governments to enact and implement environmental laws. The author argues that while there is no inherent conflict between trade rules and environmental protection, the cumulative and retroactive nature of these disciplines creates significant legal and capacity risks for governments, particularly regarding older measures and the expansive interpretations of investment protections in NAFTA Chapter 11.
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Document type: Research paper
INTERNATIONAL TRADING RULES & THE POPS CONVENTION
This policy brief by the Center for International Environmental Law argues against the inclusion of a 'WTO supremacy clause' in the proposed POPs Convention and advocates for the use of multilateral trade measures to eliminate persistent organic pollutants. It explains how such measures can be justified under WTO environmental exceptions and argues that multilateral agreements should be presumed WTO-consistent.
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Document type: Policy brief
Effective Dispute Resolution
This report by the Center for International Environmental Law (CIEL) provides a review of dispute resolution options for negotiators of the Draft Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Central and Western Pacific Region. It analyzes the existing legal frameworks of UNCLOS and the SSA, evaluates the effectiveness of various international tribunals and arbitration, and draws lessons from other international regimes—such as the WTO and the Montreal Protocol—to recommend mechanisms that enhance transparency, scientific rigor, and efficiency in fisheries management.
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Document type: Report
Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention
This briefing paper by the Center for International Environmental Law argues against the inclusion of a "supremacy clause" in the draft Persistent Organic Pollutants (POPs) Convention. The author contends that such a clause, which suggests the convention will not affect rights and obligations under existing international agreements, would effectively subordinate environmental goals to World Trade Organization (WTO) rules and undermine the ability of nations to implement trade-related environmental measures.
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Document type: Briefing
Global Trade, Local Economies, and the Convention on Biological Diversity
The research paper analyzes the Convention on Biological Diversity as a pioneering legal instrument that integrates environmental goals with economic sectors, specifically regarding the trade of genetic resources and the protection of indigenous knowledge.
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Document type: Research paper
AFRODAD Continues to Strengthen Journalists’ Knowledge on Debt through AFROMEDI
The African Forum and Network on Debt and Development (AFRODAD) conducted various capacity-building initiatives, policy advocacy, and institutional partnerships in 2024 to address Africa's public debt burden, reform the global financial architecture, and promote sustainable debt management.
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Document type: Report
ZAMBIA DEBT PROFILE
The 2024 Zambia Debt Profile by AFRODAD analyzes the drivers and consequences of Zambia's unsustainable national debt, which reached $25.5 billion by the end of 2023. The report details how excessive borrowing for unproductive infrastructure, combined with a high reliance on volatile copper exports and significant tax evasion, led to a sovereign default in November 2020. It highlights the severe impact of debt servicing on social sectors, specifically the crowding out of health and education budgets, and evaluates the challenges of restructuring under the G20 Common Framework.
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Document type: Report
BAREKI & ANOTHER V GENCOR LTD & OTHERS 2006 (1) SA 432 (T)
This fact sheet analyzes the case of Bareki & Another v Gencor Ltd & Others 2006 (1) SA 432 (T), focusing on the retrospective application of the National Environmental Management Act 107 of 1998 (NEMA) and the continuity of environmental rehabilitation obligations under repealed mining legislation.
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Document type: Fact sheet
PUBLIC HEARINGS OF THE PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS ON THE CLIMATE CHANGE DISCUSSION DOCUMENT, OUTLINING SOUTH AFRICA’S POSITION TOWARDS THE 21ST SESSION OF THE CONFERENCE OF THE PARTIES (COP21) TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) IN PARIS, FRANCE, IN DECEMBER 2015.
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs in September 2015 regarding South Africa's position for COP21. The CER argues that climate change mitigation is a Constitutional obligation under section 24, and that current state decisions to build new coal-fired power stations directly contradict these legal duties and national climate policies.
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Document type: Statement
LIMPOPO COAL COMPANY – MAPUNGUBWE
This case study details the legal challenges brought by a coalition of environmental and civil society organizations against Limpopo Coal (Pty) Ltd, a subsidiary of Coal of Africa (CoAL), regarding the establishment of the Vele colliery in Musina, Limpopo Province. The challenges span four distinct legal processes involving mining rights, environmental management programmes (EMP), water use licences (WUL), and compliance with nature reserve protections.
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Document type: Case study
UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS
This report by the Centre for Environmental Rights (CER) analyzes the accessibility of environmental information in South Africa through an assessment of 98 PAIA requests and 42 formal requests made to 17 public and 35 private bodies between July 2010 and early 2012. The findings reveal a widespread culture of avoidance, delay, and non-compliance with the Promotion of Access to Information Act, 2000 (PAIA), which the CER argues fundamentally hampers the realization of constitutional environmental rights.
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Document type: Report
zo-28-4f6f70490b0133ea.pdf
This research paper examines the legal framework and practical application of environmental authorizations for mining activities in South Africa, specifically focusing on the Mineral and Petroleum Resources Development Act (MPRDA) and the National Environmental Management Act (NEMA). The author argues that the current system of 'environmental authorizations' is often treated as a mere formality rather than a substantive tool for sustainable development, leading to inadequate environmental protection and a failure to properly integrate social and environmental costs into mining operations.
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Document type: Research paper
Smoke and Fumes Synopsis
This executive summary from the Center for International Environmental Law argues that major fossil fuel companies are legally and ethically responsible for the climate crisis. It asserts that these companies were aware of the risks of their products as early as the 1950s but chose to protect their own assets while funding extensive disinformation campaigns to undermine climate science and stymie regulation.
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Document type: Executive summary
Análisis jurídico de las consecuencias de la determinación no consensuada de la OCDE sobre la enmienda de plásticos de Basilea
This legal opinion by the Center for International Environmental Law (CIEL) analyzes the obligations of OECD members regarding the trade of plastic wastes following the OECD's failure to reach a consensus on incorporating the Basel Convention's Plastic Waste Amendments into the OECD Decision on the trade of wastes. The analysis concludes that plastic wastes classified as "other wastes" under the Basel Convention fall outside the scope of the OECD Decision, meaning OECD members who are Parties to the Basel Convention must apply Basel's control and prohibition mechanisms. CIEL further argues that separate agreements, such as those between the US and Canada or within the EU, fail to meet the equivalence requirements of Article 11 of the Basel Convention and are therefore invalid for bypassing Basel controls.
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Document type: Report
PRESENTACIÓN DE AMICUS CURIAE
This amicus curiae brief, submitted by AIDA, CIEL, and Earthjustice to the Supreme Court of Justice of Panama, argues that the approval of the Environmental Impact Assessment (EIA) for the Barro Blanco Hydroelectric Project violated international human rights and environmental standards. The brief contends that the State of Panama failed to conduct an adequate consultation process, failed to obtain the free, prior, and informed consent of the Ngäbe people, and approved an incomplete and improperly supervised EIA.
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Document type: Statement
COMMENTS TO THE IFC BAKU-TBLISI-CEYHAN PIPELINE PROJECT
The Center for International Environmental Law (CIEL) provides comments to the International Finance Corporation (IFC) regarding the Baku-Tbilisi-Ceyhan (BTC) Pipeline Project. The report argues that the project's legal framework undermines the rule of law in host countries, fails to adequately address climate change, and violates IFC policies regarding public consultation and compensation for affected populations, particularly in Turkey.
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Document type: Report
BUILDING A COMPLIANCE REGIME UNDER THE KYOTO PROTOCOL
This research paper by the Center for International Environmental Law and EURONATURA proposes a two-tiered compliance regime for the Kyoto Protocol, distinguishing between a facilitative approach during the first commitment period and an enforcement phase following it. The authors argue for a system that prioritizes capacity building and 'making the climate whole' through mechanisms like a Clean Development Fund and compliance reserves to address substantive non-compliance.
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Document type: Research paper
Climate Change & Human Rights
This guide by the Center for International Environmental Law (CIEL) examines the intersection of climate change and international human rights law. It details how climatic phenomena and the measures taken to mitigate or adapt to them can infringe upon fundamental rights, particularly for vulnerable populations such as indigenous peoples, women, and children. The document outlines key international milestones—including UN Human Rights Council resolutions and the Cancun Agreements—and advocates for a rights-based approach to be integrated into the UN Framework Convention on Climate Change (UNFCCC) processes.
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Document type: Guide
Human Rights Obligations of States in the Context of Climate Change
This briefing describes the activities of the Human Rights Committee (CCPR) regarding climate change across its three primary functions: the State reporting procedure, General Comments and Statements, and the Communications procedure. It highlights the Committee's evolving interpretation of the right to life under the International Covenant on Civil and Political Rights (ICCPR) in the face of environmental degradation.
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Document type: Briefing
chile_nafta_21jun1995-e2fe8240818e376b.pdf
This document is testimony provided by Robert Housman, a Senior Attorney for the Center for International Environmental Law (CIEL), to the Trade Subcommittee of the House of Representatives Committee on Ways and Means on June 21, 1995. The testimony argues for the inclusion of environmental protections in the fast track authority for Chile's accession to the North American Free Trade Agreement (NAFTA), asserting that environmental standards are necessary to prevent trade distortions and establish a sustainable template for broader hemispheric integration.
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Document type: Briefing