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Statement of SAIIA's National Chairman 2015
The statement asserts that South Africa's 'soft power' and global standing depend on its domestic adherence to constitutional principles and the rule of law. It advocates for a more effective 'economic diplomacy' based on a national consensus between the state and the private sector to leverage opportunities in the African continent and the global economy. The author emphasizes that as a small regional power, South Africa's primary interest lies in a rules-based international order and multilateralism, while cautioning against over-reliance on specific blocs like BRICS at the expense of other collaborations.
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Document type: Statement
WTO Members, Not the Appellate Body, Need to Clarify Boundaries in Renewable Energy Support
The document critiques a May 6, 2013, WTO Appellate Body ruling regarding a dispute between Japan, the European Union, and Canada (Ontario) over renewable energy measures. The author contends that the ruling failed to provide necessary legal clarification on WTO rules for sustainable energy and may have created a problematic carve-out in the subsidy agreement. Consequently, the text argues that the responsibility for defining the boundaries of appropriate state incentives for renewable energy lies with WTO members rather than the Appellate Body.
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Document type: Research paper
Commentary to the Draft Investment Chapter of the Canada-EU Comprehensive Economic and Trade Agreement (CETA)
The report examines the draft CETA Investment Chapter, highlighting concerns over the broad definition of 'investment' and 'investor', the inclusion of investor-state dispute settlement (ISDS), and the potential for 'treaty shopping'. It critiques the shift toward a negative listing approach for market access and the lack of clear, closed-list definitions for 'fair and equitable treatment'. The author argues that the proposed frameworks for indirect expropriation and general exceptions provide insufficient protection for legitimate public welfare objectives, such as health and environmental regulations, potentially exposing Canada and EU member states to excessive legal risks.
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Document type: Report
Limits to Adaptation
The commentary argues that while biophysical limits to adaptation are well-documented in ecological systems, there is a critical lack of knowledge regarding limits within social systems. It asserts that if adaptation capacities are finite for households, businesses, or governments, breaching these limits will lead to escalating losses or necessitate transformational change, thereby reinforcing the necessity of reducing greenhouse gas emissions.
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Document type: Research paper
COMMENTS ON THE ANALYSIS OF THE BASEL CONVENTION'S SECRETARIAT REGARDING HAZARDOUS AND OTHER WASTES GENERATED ON BOARD SHIPS
The Center for International Environmental Law (CIEL) argues that the Basel Convention's Secretariat has created legal loopholes by concluding that the Convention's transboundary movement (TBM) and environmentally sound management (ESM) obligations do not apply to wastes generated on board ships. CIEL proposes that 'marine area' and 'area under national jurisdiction' should be interpreted to include a coastal State's internal waters, territorial sea, and exclusive economic zone (EEZ), as well as the ships themselves under flag-State jurisdiction. While CIEL agrees that wastes from 'normal operations of a ship' covered by Marpol are excluded under Article 1(4), it asserts that industrial wastes generated on board vessels fall within Basel's scope. The document emphasizes the principles of 'systemic integration' and 'effet utile' to ensure the Convention effectively protects human health and the environment from illegal waste movements, citing the 2006 Probo Koala incident as a primary example of the risks posed by such loopholes.
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Document type: Statement
The Legal Monster that lets Companies Sue Countries
The document discusses the proliferation of bilateral investment treaties (BITs) between developed and developing nations, which provide foreign investors with protections and the right to bypass national and European Union laws through international arbitral tribunals.
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Document type: Research paper
Environmental Impacts of Trade Liberalization in the Medicinal Plants and Spices Sector of the Lao PDR
The document examines the tension between the economic potential of exporting medicinal plants and spices in Lao PDR and the resulting environmental pressures. It identifies systemic failures in harvesting and regulation while proposing a framework for sustainable management and legal enforcement.
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Document type: Report
NATURAL JUSTICE COMMENTARY ON THE MARINE POLLUTION (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT BILL (B5-2022)
Natural Justice argues that the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill (B5-2022) requires stronger penalties, better enforcement mechanisms, and more transparent exemptions to effectively protect South Africa's marine ecosystems. The organization specifically criticizes exemptions for ship trials and offshore mineral processing as contradictory to South Africa's Paris Agreement commitments and the national energy transition. It further calls for the inclusion of local communities and traditional leaders in the legislative process and the involvement of local authorities and specialized maritime police in enforcement.
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Document type: Statement