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339 results
Peut-on conserver sans sécuriser les droits : ce que révèle l’affaire Tsiazompaniry (Madagascar)
This case study by Natural Justice examines a land dispute in the Tsiazompaniry forest of Madagascar, where the Tsarafara community successfully defended its management rights against an individual's land claim. The document uses this case to highlight the critical role of legal personality and secure land tenure for community-based organizations (VOIs) in achieving biodiversity conservation goals and the global 30x30 target.
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Document type: Case study
Our Ocean Conference Must Confront Fossil Fuels
The Center for International Environmental Law (CIEL) argues that the 11th Our Ocean Conference in Mombasa, Kenya, must address the root cause of ocean degradation by confronting the expansion of offshore oil and gas and rejecting speculative marine geoengineering technologies.
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Document type: Statement
COMMENT ON THE FLEXIBLE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM
The Centre for Environmental Rights (CER), on behalf of several partner organisations, submitted a formal comment to the South African Department of Forestry, Fisheries and the Environment (DFFE) regarding the proposed "Flexible Environmental Impact Assessment (EIA) system." The CER argues that the shift from a rules-based system to one based on administrative discretion risks violating constitutional rights to a healthy environment and just administrative action, potentially weakening environmental protections and public participation.
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Document type: Statement
Imperfect agreements can protect and implement the rule of law and sustainable development: a new way of working at the WTO
This briefing argues that 'imperfect agreements'—instruments that are incomplete, transitional, or not fully formal—can be effective tools for promoting trade and sustainable development when multilateral consensus at the WTO is stalled. The author suggests that flexible, member-driven arrangements, such as targeted trade deals and soft law commitments, can generate state practice and serve as stepping stones toward formal legal codification and WTO reform.
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Document type: Briefing
A WTO-Compatible Climate Club That Solves Our Climate Problem
The authors propose a WTO-compatible 'climate club' designed to overcome the free-rider problem of the Paris Climate Agreement by using reciprocal commitments, substantial penalties, and financial incentives to drive global net-zero emissions by 2050.
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Document type: Research paper
Renegotiation of Australia’s Bilateral Investment Treaties
The International Institute for Sustainable Development (IISD) submitted recommendations to the Australian government regarding the renegotiation of older-generation bilateral investment treaties (BITs). The IISD argues that these treaties prioritize investor protection and investor-state dispute settlement (ISDS) over public policy and urges a shift toward treaties that facilitate sustainable investment and climate action.
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Document type: Report
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for Multilateral Environmental Agreements?
This briefing discusses the implications of the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change for Multilateral Environmental Agreements (MEAs), emphasizing that states must now implement climate-related provisions across different treaties in a systemic and integrated manner to ensure compliance with international law.
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Document type: Briefing
Que signifie l'avis consultatif de la Cour internationale de Justice sur le changement climatique pour les subventions néfastes pour l'environnement ?
This briefing by the International Institute for Sustainable Development analyzes the implications of the International Court of Justice (ICJ) advisory opinion on climate change, asserting that states now have a legal obligation to phase out environmentally harmful subsidies, particularly those for fossil fuels.
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Document type: Briefing
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for International Investment Law?
This briefing examines the impact of the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change on international investment law, arguing that climate action is now a binding legal obligation that should inform the interpretation of investment treaties and investor-state dispute settlement (ISDS) claims.
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Document type: Briefing
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for Environmentally Harmful Subsidies?
This briefing by the International Institute for Sustainable Development explains that the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change establishes a legal imperative for states to phase out fossil fuel subsidies and other environmentally harmful financial support.
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Document type: Briefing
Que signifie l'avis consultatif de la Cour internationale de Justice sur le changement climatique pour l'adaptation climatique ?
This briefing by the International Institute for Sustainable Development examines the implications of the International Court of Justice (ICJ) advisory opinion on climate change, specifically regarding climate adaptation. It asserts that adaptation is a binding legal obligation under international law and provides recommendations for states to demonstrate due diligence in preventing and remedying foreseeable climate harms.
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Document type: Briefing
Que signifie l'avis consultatif de la Cour internationale de Justice sur le changement climatique pour les évaluations d'impact environnemental ?
This briefing by the International Institute for Sustainable Development examines the implications of an International Court of Justice (ICJ) advisory opinion on climate change, specifically regarding the requirement to include downstream emissions from fossil fuel combustion in Environmental Impact Assessments (EIAs).
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Document type: Briefing
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for Environmental Impact Assessments?
This briefing from the International Institute for Sustainable Development examines the implications of the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change for Environmental Impact Assessments (EIAs). It specifically focuses on the requirement for states to include end-use emissions from fossil fuels in their assessments to comply with international law and reduce legal risk.
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Document type: Briefing
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for Climate Adaptation?
This briefing by the International Institute for Sustainable Development examines the implications of the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change, specifically regarding climate adaptation. It argues that adaptation is a binding legal obligation under customary international law and climate treaties, rather than a voluntary domestic policy choice, requiring states to exercise due diligence to prevent foreseeable climate harm.
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Document type: Briefing
The Relevance of the United Nations Legally Binding Instrument to Regulate the Activities of Transnational Corporations and Other Business Enterprises as a Structural Lever for Environmental Justice
This briefing paper argues that the proposed United Nations Legally Binding Instrument (LBI) to regulate transnational corporations is a critical structural lever for achieving environmental justice. It contends that existing voluntary frameworks are inadequate to stop corporate-driven ecological destruction and that the LBI can transform the right to a clean, healthy and sustainable environment (RtHE) into enforceable obligations, ensuring corporate liability and access to remedy across transnational value chains.
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Document type: Briefing
La pertinence de l’instrument juridiquement contraignant des Nations Unies pour réglementer les activités des sociétés transnationales et autres entreprises comme levier structurel de la justice environnementale
This briefing paper argues for the necessity of a legally binding United Nations instrument to regulate transnational corporations and other businesses as a structural lever for environmental justice. It contends that current voluntary frameworks are insufficient to ensure corporate accountability for ecological destruction and human rights violations, particularly in the Global South.
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Document type: Briefing
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for Climate Adaptation?
This policy brief analyzes the July 2025 International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change, specifically focusing on how it transforms climate change adaptation from a voluntary domestic policy choice into a legally binding international obligation.
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Document type: Policy brief
Que signifie l’avis consultatif de la Cour internationale de Justice sur le changement climatique pour l’adaptation au climat?
This IISD briefing analyzes a July 2025 ICJ advisory opinion which establishes that climate adaptation is a binding legal obligation for states under international law, rather than a voluntary national choice. It details the procedural and substantive requirements for states, the application of a 'due diligence' standard for compliance, the binding obligation of developed nations to provide adaptation finance to developing countries, and the critical link between adaptation and the protection of fundamental human rights.
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Document type: Briefing
What Does the International Court of Justice Advisory Opinion on Climate Change Mean for Environmental Impact Assessment?
This briefing by the International Institute for Sustainable Development (IISD) analyzes the implications of the July 2025 International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in Respect of Climate Change for Environmental Impact Assessments (EIAs). The document focuses on the ICJ's ruling that EIAs for fossil fuel extraction projects must now account for end-use emissions from the combustion of the extracted fuels, moving beyond previous focuses on operational emissions.
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Document type: Briefing
Que signifie l’avis consultatif de la Cour internationale de Justice sur le changement climatique pour l’évaluation de l’impact environnemental?
This briefing by the International Institute for Sustainable Development (IISD) analyzes the implications of a July 2025 International Court of Justice (ICJ) advisory opinion on climate change, specifically regarding Environmental Impact Assessments (EIAs). The document highlights the ICJ's ruling that EIAs for fossil fuel extraction projects must now account for end-use emissions (Scope 3, category 11), moving beyond just the emissions from extraction activities. It examines national and regional legal precedents, the subsequent influence on courts such as the European Court of Human Rights, and provides recommendations for states to update their legislation to mitigate legal risks.
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Document type: Briefing