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Les prescriptions de résultats dans les traités d’investissements
The document examines performance requirements (PR)—stipulations imposed on investors to achieve specific development goals—and the legal constraints placed upon them by the WTO's TRIMs Agreement and various Bilateral Investment Treaties (BITs). It highlights a growing trend, led by Canada and the United States, toward broader prohibitions of PRs (MIC+ clauses) that extend to pre-establishment phases. Through the analysis of cases like Lemire v. Ukraine and Mobil Oil v. Canada, the guide illustrates the unpredictability of investment tribunals in interpreting these prohibitions. It concludes by offering strategic options for developing nations to maintain their regulatory space, such as avoiding PR prohibitions in BITs or explicitly excluding certain sectors and mechanisms from such restrictions.
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Document type: Guide
Le mécanisme de règlement des différends entre États dans les traités d’investissement
The guide analyzes state-to-state dispute settlement in investment treaties, detailing judicial, quasi-judicial, and arbitral forms. It explores three types of claims—diplomatic protection, interpretation, and declaratory judgments—using case studies like Italy v. Cuba and Ecuador v. United States. It also discusses the complex relationship between state-to-state and investor-state mechanisms, particularly under the ICSID Convention, and offers best practices for treaty drafting to increase predictability and state control over treaty interpretation.
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Document type: Guide
What does it take to mainstream disaster risk management in key sectors?
The guide argues that mainstreaming disaster risk management (DRM) is essential to prevent development policies from increasing vulnerability to climate-related disasters. It identifies six core requirements for effective mainstreaming: a supportive policy environment, leadership, risk knowledge, context-appropriate management techniques, consistent financing, and innovation. The document provides a framework for governments focusing on four areas: reforming institutional practices to reduce compartmentalisation, enhancing risk understanding through inclusive and non-data-intensive methods, managing the political nature of mainstreaming, and building vertical and private-sector partnerships.
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Document type: Guide
Risk-informed decision-making: An agenda for improving risk assessments under HFA2
This guide by the Climate and Development Knowledge Network (CDKN) examines the technical, operational, and institutional barriers that prevent disaster risk assessments from effectively informing public policy and investment decisions. Drawing on research from Latin America and the Caribbean, as well as case studies from Ghana, India, and Pakistan, the document provides a framework for improving the 'uptake' of risk information to support the successor to the Hyogo Framework for Action (HFA2).
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Document type: Guide
The IPCC’s Fifth Assessment Report What’s in it for South Asia?
The document translates the global findings of the IPCC's Fifth Assessment Report into a regional context for South Asia, detailing observed warming, projected risks to food and water security, and the potential for low-carbon development. It emphasizes that while further warming is inevitable, integrated adaptation and mitigation can protect development gains and offer economic opportunities.
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Document type: Report
Addressing the barriers to climate investment
The document identifies various project-level barriers to climate investment, such as externalities, financial market imperfections, and regulatory risks, and suggests tailored financial instruments—including grants, concessional loans, guarantees, and equity—to address them. It emphasizes that financial support should target projects that are societally beneficial but commercially unattractive, and that such instruments must be supported by a consistent policy environment to be effective.
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Document type: Guide
THE LIVING CONVENTION
The Living Convention is a compendium of internationally recognised rights for Indigenous peoples and local communities. It uses an 'integrated rights approach' to bundle disparate legal provisions from human rights, environmental, and cultural law into a single, accessible resource. The document categorises these into substantive rights (such as land tenure and cultural integrity) and procedural rights (such as free, prior and informed consent), aiming to democratise international law for the stewards of biocultural diversity.
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Document type: Guide
LA CONVENCIÓN VIVIENTE
The document serves as a tool to democratize international law by grouping fragmented legal provisions into an integrated framework of 'Traditional Resource Rights'. It categorizes rights into substantive (e.g., land tenure, cultural integrity, and food sovereignty) and procedural (e.g., free, prior and informed consent and impact assessments), while analyzing the legal weight of binding 'hard law' versus non-binding 'soft law'.
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Document type: Guide
Investment Contracts for Farmland and Water
The document outlines a ten-step framework for negotiating agricultural investment contracts to ensure sustainable development, emphasizing the need for independent feasibility studies, environmental and social impact assessments, and the protection of local land and water tenure rights. It warns against broad stabilization provisions and advocates for legally binding development obligations and community development agreements to prevent the negative impacts often associated with large-scale foreign land acquisitions.
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Document type: Guide
Contrats d’investissement pour les terres agricoles et l’eau : 10 étapes
The document outlines ten essential steps for negotiating sustainable agricultural investment contracts, emphasizing the need for thorough preparation, independent feasibility and impact studies, and the protection of local land and water rights. It warns against 'land grabbing' and the use of broad stabilization clauses, while advocating for Community Development Agreements and clear investor obligations regarding local employment and technology transfer.
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Document type: Guide
Indemnisation de l’Expropriation
The document examines the complexities of expropriation compensation, contrasting customary international law—which distinguishes between licit and illicit acts—with BITs, which often apply a uniform standard. It highlights the risks associated with indirect expropriation, where general public interest regulations may trigger high compensation costs. The guide evaluates three primary valuation methods: market value, net book value, and discounted cash flow, noting that the latter is often speculative. It concludes by recommending that states explicitly define indirect expropriation and specify interest rates and payment flexibility in their treaties, citing the SADC model BIT as a reference.
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Document type: Guide
A Guidebook to Fossil-Fuel Subsidy Reform for policy-makers in Southeast Asia
The guidebook outlines a holistic approach to fossil-fuel subsidy reform in Southeast Asia, emphasizing a gradual transition to market-based pricing. It details methods for projecting economic and social impacts, designing mitigation measures such as targeted cash transfers, and building political support through internal coordination and external communication. The guide highlights that while subsidies are often intended to protect the poor, they frequently benefit wealthier populations and create fiscal burdens and environmental damage.
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Document type: Guide
Les critères d’enregistrement et d’approbation dans les traités d’investissement
The guide examines how states use 'registration' or 'approval' requirements in investment treaties to restrict which investments are eligible for protection and arbitration. It analyzes treaty examples from ASEAN and COMESA, as well as arbitral awards (Yaung Chi Oo, Gruslin, and Desert Line), to demonstrate that while these criteria are legitimate strategic tools for quality control, their effectiveness depends on precise drafting and clear procedural frameworks. The document recommends that states explicitly state these requirements as indispensable conditions and provide transparent, detailed procedures for compliance.
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Document type: Guide
International Public Finance for Climate-friendly Investment: Vehicles, availability, and governance
This report provides a guide for policy-makers, particularly in developing countries, on how to use public spending to catalyze private investment for climate-friendly infrastructure and clean energy.
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Document type: Report
Tackling exposure: Placing disaster risk management at the heart of national economic and fiscal policy
The document highlights that global economic disaster losses rose by 200% over 25 years, with losses from weather-related disasters doubling every 12 years. It argues that ex-post relief is unsustainable and advocates for ex-ante risk reduction through comprehensive risk assessments, fiscal planning, and sector-level mainstreaming. Key tools discussed include the CAPRA GIS platform and the CATSIM model for evaluating fiscal vulnerability. The guide emphasizes that while risk financing (insurance and reserve funds) is useful, it must be paired with land-use planning and building codes to effectively reduce exposure.
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Document type: Guide
Crescimento ecológico: implicações para o planeamento do desenvolvimento
The document outlines a framework for 'green growth' that integrates economic development with climate resilience and environmental preservation. It argues that while green growth planning follows conventional economic steps, it requires additional considerations regarding social and environmental dimensions, a diverse range of economic modeling tools, and a pragmatic, iterative approach to accommodate local contexts and data limitations in developing nations.
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Document type: Guide
Announcement of the second CDKN International Research Call On Climate Compatible Development
The Climate and Development Knowledge Network (CDKN) launched its second international research call in September 2011, offering approximately £4 million to fund around 8 projects. The call focuses on two main themes: 'Climate Compatible Development - policies and processes' and 'Climate-related Disaster Risk Management and Resilience'. Projects are expected to last 18-24 months, with typical budgets between £400,000 and £500,000, though exceptional projects may receive up to £1 million. Eligibility requires joint proposals from at least two organisations, including at least one from a developing country. Evaluation is based on scientific excellence, policy impact, and the degree to which the research is demand-led by developing country policy makers.
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Document type: Guide
Crecimiento verde: implicaciones para la planificación del desarrollo
The document outlines a strategic approach to green growth, emphasizing that economic, social, and environmental goals are not mutually exclusive. It provides a planning framework that moves from vision setting to implementation, highlights various economic models (such as CGE and EE-IO) for impact analysis, and discusses the challenges of applying these tools in developing nations, such as data scarcity and the 'black box' nature of complex models. Case studies from Rwanda and the 'Heart of Borneo' illustrate the practical application of these principles.
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Document type: Guide
The Treaty of Pelindaba
The Treaty of Pelindaba establishes Africa as a nuclear-weapon-free zone, prohibiting the development, testing, and stationing of nuclear explosive devices. Entered into force on 15 July 2009, the treaty requires member states to renounce nuclear weapons and implement strict non-proliferation measures for peaceful nuclear energy use. It establishes the African Commission on Nuclear Energy (AFCONE) for compliance monitoring and includes three protocols for non-African nuclear-weapon states and those controlling territories within the zone. As of March 2011, 31 African Union members have ratified the treaty.
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Document type: Guide
Fair and Equitable Treatment
The document analyzes the 'fair and equitable treatment' (FET) standard in international investment agreements (IIAs), highlighting how vague treaty language allows arbitral tribunals to impose expansive obligations on host states. It contrasts the 'customary international law' approach with the 'autonomous' or 'plain meaning' approach, noting that the latter provides tribunals more discretion to sanction states for altering regulatory frameworks or failing to meet investor 'legitimate expectations'. The guide recommends that states use precise definitions, link FET to the minimum standard of treatment under customary international law, and include preambles that protect regulatory flexibility to avoid unpredictable legal outcomes.
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Document type: Guide