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This factsheet details legal challenges brought by community groups and environmental organizations against Shell and the South African government regarding seismic surveys for oil and gas exploration off the Wild Coast. The document outlines two primary court cases, the arguments regarding environmental and constitutional violations, and the potential legal precedents the litigation seeks to establish.

This research paper examines the relationship between business, human rights, and climate change within the ASEAN region, specifically analyzing the Philippines’ National Inquiry on Climate Change and its implications for regional governance and corporate responsibility.

This legal report by the Center for International Environmental Law (CIEL) analyzes the decision of an arbitral tribunal to deny an amicus curiae submission by CIEL and the Sociedad Cooperativa de Producción Pesquera Puerto Chale in the case of Odyssey Marine Exploration, Inc. v. United Mexican States. The report argues that the denial undermines the legitimacy of investor-State dispute settlement (ISDS) by ignoring public interests, environmental risks, and human rights impacts associated with the Don Diego deep-sea mining project.

This legal briefing by the Center for International Environmental Law (CIEL) analyzes the decision of an arbitral tribunal to deny an amicus curiae submission by CIEL and the Sociedad Cooperativa de Producción Pesquera Puerto Chale in the case of Odyssey Marine Exploration, Inc. v. United Mexican States. The briefing argues that the denial undermines the legitimacy of the investor-state dispute settlement (ISDS) system and ignores the significant environmental and human rights risks associated with the Don Diego seabed mining project.

The Centre for Environmental Rights, on behalf of the Life After Coal Campaign, submits a formal objection to the Department of Mineral Resources and Energy's draft Gas Master Plan Basecase Report. The submission argues that the plan is 'reckless and unnecessary', contradicting South Africa's constitutional obligations to protect citizens from climate change and ignoring energy modelling that suggests gas-to-power is not required for energy security.

This factsheet by Natural Justice examines the Forest Conservation and Management (Amendment) Bill, 2021, which proposes to repeal section 34(2A) of the Forest Conservation and Management Act 2016. The proposed change would remove the requirement for the Kenya Forest Service (KFS) to recommend petitions for the variation of public forest boundaries before they are forwarded to the National Assembly.

This briefing by the Center for International Environmental Law and the Global Initiative for Economic, Social and Cultural Rights reviews the activities of the UN Human Rights Committee (CCPR) regarding climate change during 2020 and 2021. It details the Committee's increasing focus on climate-related recommendations, its inquiries into fossil fuel extraction and public participation, and the implications of specific individual communications on state obligations under the International Covenant on Civil and Political Rights (ICCPR).

This legal briefing examines the impact of the Court of Justice of the European Union (CJEU) Komstroy decision on intra-EU investment disputes under the Energy Charter Treaty (ECT). It argues that the ruling, alongside the Achmea and PL Holdings decisions, effectively bars investor-State dispute settlement (ISDS) between EU investors and Member States, creating significant legal and financial obstacles to the enforcement of arbitration awards. The document specifically analyzes how these rulings and EU State aid laws could impede claims by energy companies RWE and Uniper against the Netherlands regarding its coal phase-out policy.

This joint submission by the Columbia Center on Sustainable Investment (CCSI), the International Institute for Environment and Development (IIED), and the International Institute for Sustainable Development (IISD) provides comments to the UNCITRAL Working Group III on the reform of damages and compensation in Investor-State Dispute Settlement (ISDS). The authors argue that current practices are inconsistent and create 'regulatory chill', particularly regarding climate action, and advocate for a legally binding multilateral treaty to standardize compensation and restrict speculative valuation methods.

This technical note by Climate Policy Initiative/Pontifical Catholic University of Rio de Janeiro (CPI/PUC-Rio) analyzes Brazil's Provisional Presidential Decree (MP) no. 1,065/2021 and Senate Bill (PL) no. 261/2018. The authors argue that the new legal framework for railroad authorizations lacks sufficient procedural clarity, governance, and transparency, which could jeopardize the socio-environmental analysis of private railroad projects.

This briefing by the Climate Policy Initiative (CPI/PUC-Rio) analyzes the legal framework for railway authorizations in Brazil, specifically Provisional Measure (MP) No. 1,065/2021 and Bill (PL) No. 261/2018. The authors argue that while the new regime simplifies private sector investment in railway infrastructure, it lacks necessary procedural clarity, governance, and transparency, which could undermine the analysis of socio-environmental impacts.

This research paper chapter examines the fragmented international governance of fossil fuel subsidies, arguing that while the lack of legally binding disciplines creates coordination challenges, the use of multiple institutional rationales and informal international law can still drive reform.

This executive summary analyzes the impact of Decree No. 9,760/2019 on the administrative enforcement procedures of IBAMA, Brazil's federal environmental agency. It argues that changes to the sanctioning process, combined with a shift toward military-led operations and the dismissal of technical staff, have weakened the state's ability to combat illegal deforestation and fires in the Amazon.

This briefing paper, commissioned by Oxfam South Africa and authored by the Centre for Environmental Rights (CER), examines the information disclosure and grievance mechanisms of the New Development Bank (NDB), specifically focusing on its operations in South Africa. The document analyzes the NDB's reliance on 'country systems' for project implementation and the resulting challenges for public transparency and accountability.

A statement by Donald Pols of Friends of the Earth regarding a landmark Dutch court ruling that held Shell responsible for oil spills in the Niger Delta, emphasizing the need for stronger European corporate due diligence legislation to prevent decade-long legal battles for victims.

A statement by Donald Pols of Milieudefensie/Friends of the Earth Netherlands regarding a Dutch court ruling on 29 January 2021 that held Shell and its Nigerian subsidiary accountable for oil spills in the Niger Delta.

A statement by Donald Pols of Friends of the Earth regarding a Dutch court ruling that holds Shell responsible for oil spills in the Niger Delta, emphasizing the need for stronger European corporate due diligence laws to prevent decade-long legal battles for victims.

This policy brief from the International Institute for Sustainable Development explores the precautionary principle, a guide in international environmental law that advocates for taking protective action even in the absence of full scientific certainty to avoid serious or irreversible damage.

This briefing explores the precautionary principle as a guide for decision-makers to protect the environment, public health, and security in the face of scientific uncertainty. It traces the principle's evolution from national laws in Sweden to its integration into major international treaties and the law of the European Union, while discussing the ongoing tension between environmental safeguarding and economic development.

The report by IPEN and CIEL proposes a coordinated international tax on chemical feedstocks (basic chemicals) to generate sustainable funding for the sound management of chemicals and wastes, particularly in developing and transition countries. It argues that current funding mechanisms are inadequate and that the chemical industry must internalize the social and environmental costs of its products in accordance with the polluter pays principle.