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Complementarity: The Global Compact on Refugees and 1969 OAU Refugee Convention
The document argues that the Global Compact on Refugees (GCR) complements the 1969 OAU Refugee Convention by providing modern mechanisms for burden-sharing and regional cooperation. It highlights the challenges facing the Convention, including a rise in forced returns (refoulement) and the pressure of hosting 7.4 million refugees and 17.8 million internally displaced persons in Africa. The brief suggests that the GCR's Comprehensive Refugee Response Framework (CRRF) can reinvigorate African solidarity and promote durable solutions through a 'whole of society' approach involving the private sector and international financial institutions.
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Document type: Policy brief
Ostrołęka C: Energa’s and Enea’s Board Members’ Fiduciary Duties to the Companies and Shareholders
ClientEarth asserts that Enea and Energa's pursuit of the Ostrołęka C coal plant violates board members' duties of due diligence. The briefing highlights significant financial risks from a reported financing structure that increases equity contributions, potential penalties from the December 2018 capacity market auction due to construction delays, and a changing economic landscape marked by rising carbon prices and Polish government goals to reduce coal reliance.
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Document type: Briefing
Right to Food and Climate Change in Southern Africa: International and National Protection for Indigenous Peoples. The Cases of South Africa, Namibia and Botswana
The document analyzes the 'right to food' (RtF) for indigenous peoples in Southern Africa amidst climate change, comparing legal frameworks and case-law in South Africa, Namibia, and Botswana. It notes that national implementation varies significantly across these states and highlights a data gap regarding the actual attainment of food rights for indigenous groups due to their omission from census data and studies. The authors argue that consulting indigenous representatives is essential to determine if states are meeting their obligations to respect, protect, and fulfill the right to food.
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Document type: Research paper
Not (yet) a missed opportunity. Influencing the 2021- 2030 NECPs through early Public Participation
ClientEarth warns that the Governance Regulation (GR) may allow EU Member States to bypass meaningful public participation during the initial drafting of National Energy and Climate Plans (NECPs). The briefing argues that waiting until after the first draft is submitted to the European Commission risks ignoring the interests of citizens and renewable energy developers in favor of fossil fuel operators. It highlights potential legal breaches of the Aarhus Convention and the SEA Directive, noting that some countries, such as Romania, have provided insufficient consultation windows (seven days). ClientEarth calls for a minimum eight-week consultation period before the first draft submission to ensure all policy options remain open.
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Document type: Briefing
Buying seafood: everything they’re not telling us
The report finds widespread non-compliance with mandatory seafood labelling laws in Spanish fish markets, with up to 70% of required information missing across 266 products. It argues that this lack of transparency hinders sustainable consumption and calls for stricter enforcement and clearer regulations by public authorities.
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Document type: Report
The control and enforcement of fisheries in Italy
The report evaluates Italy's transposition of EU IUU and Control Regulations, finding that while enforcement activities are active, the legal framework contains gaps in the definition of 'serious infringements' and the application of immediate enforcement measures. It highlights a trend toward decriminalization of certain fishing offenses, though it notes the successful use of environmental criminal law to prosecute severe ecosystem damage. The document also identifies a lack of public transparency regarding inspection and sanction data and raises concerns about Italian trawlers operating illegally off West Africa.
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Document type: Report
REQUEST FOR UPDATE ON AND PRIORITISATION OF THE CLIMATE CHANGE BILL, 2018
The Centre for Environmental Rights, representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, is urging the South African government to prioritise the promulgation of the Climate Change Bill, 2018. The authors argue that delaying climate legislation is unacceptable given South Africa's extreme vulnerability to climate change and the urgent need for 'rapid and far-reaching' transitions to limit global warming to 1.5°C. They assert that the state has a Constitutional obligation to protect the environment and prevent pollution, citing the Dutch Urgenda case as a legal precedent for the state's duty to pursue ambitious greenhouse gas emission reduction plans.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
The Centre for Environmental Rights (CER) is challenging the viability of the Thabametsi and Khanyisa coal-fired power projects, arguing that they cannot reach commercial or financial close due to outstanding licenses, pending High Court reviews of environmental authorisations, and a lack of 'value for money' assessments. CER highlights that Eskom has not approved the signing of the power purchase agreements (PPAs) and notes that the draft IRP 2018 suggests new coal-fired power is not part of a least-cost electricity plan.
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Document type: Statement
CRESCIMENTO ECONÔMICO MAIS SUSTENTÁVEL PARA O BRASIL
The report argues that Brazil can align its economic growth with climate commitments by increasing agricultural productivity on degraded lands, diversifying its energy matrix with renewables, and improving transport infrastructure. It concludes that the financial returns of climate-friendly investments will outweigh the costs, with specific opportunities to double agricultural production without further deforestation and reduce total energy system costs through decarbonization.
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Document type: Executive summary
CIEL statement on New York Attorney General lawsuit filed against ExxonMobil
CIEL supports the New York Attorney General's lawsuit against ExxonMobil, asserting that the company misled investors about the financial and regulatory risks climate change poses to its assets and operations. The statement highlights that the lawsuit, based on three years of investigation, implicates high-level executives, including former CEO Rex Tillerson, and signals an increase in climate-related litigation against fossil fuel companies.
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Document type: Statement
Consultation response: Capacity Market Review – Call for Evidence 1
ClientEarth argues that the UK's Capacity Market (CM) may be over-procuring capacity and risks subsidising fossil fuels, thereby undermining the coal phase-out and the Paris Agreement. The organisation recommends making Emissions Performance Standard (EPS) and LCP BREF compliance mandatory for CM entry, removing very long-term contracts to prevent fossil-fuel lock-in, and reducing financial barriers for demand-side response (DSR) and storage. It further suggests introducing a specific 'climate and competition' objective for the CM and reforming the cost-recovery methodology to provide sharper price signals for DSR. ClientEarth also calls for an independent resource adequacy assessment that accounts for the growth of distributed energy resources and interconnection.
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Document type: Statement
EU Commission’s new illegal attempt to weaken the control of endocrine disruptors used in Pesticides – call for action
ClientEarth calls on EU Member States and the European Parliament to veto a European Commission proposal that seeks to change the conditions for using endocrine disruptors (EDCs) in pesticides. The document argues that the Commission is attempting to replace a ban based on 'negligible exposure' with one based on 'negligible risk', which ClientEarth claims is an illegal encroachment on the powers of the EU legislature and is not supported by new scientific evidence.
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Document type: Statement
economic justice resisting neoliberalism
The proposal argues that existing national and international legal mechanisms are insufficient to hold multinational corporations accountable due to corporate complexity, state collusion, and the non-binding nature of current guidelines. It advocates for a permanent, itinerant international tribunal with broad jurisdiction over parent companies and their supply chains, featuring a reversed burden of proof and cost-free access for victims. The document includes a detailed draft statute for the 'International Tribunal on Multinationals, Other Enterprises and Human Rights' (TIMEDH), emphasizing complementarity with national courts and the use of class actions to secure reparations for affected communities.
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Document type: Research paper
Security for Costs
The document analyzes the challenges states face when seeking security for costs in ISDS, noting that tribunals often apply an excessively high threshold for granting such orders. It highlights the impact of third-party funding and the inconsistency of current jurisprudence, ultimately proposing specific treaty language to standardize the process and ensure investors can satisfy cost awards.
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Document type: Guide
Le cautionnement pour frais
The document examines the challenges states face in obtaining security for costs in investor-state dispute settlement (ISDS), noting that tribunals often apply extremely strict criteria. It highlights the risks posed by third-party funding and the lack of consistent rules in arbitration frameworks. To address this, the guide proposes specific treaty language to mandate security for costs when investors are likely insolvent or use 'hit and run' third-party funding.
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Document type: Guide
FINAL REPORT OF THE PEOPLE’S TRIBUNAL ON ECONOMIC CRIME
The People's Tribunal on Economic Crime recommends urgent investigations and prosecutions into three areas of economic crime in South Africa: apartheid-era UN sanctions violations, the 1999 Arms Deal, and state capture. The Tribunal argues that sanctions-busting during apartheid aided crimes against humanity and created a culture of corruption that enabled the 1999 Arms Deal and subsequent state capture. Key recommendations include establishing a special prosecutorial team within the National Prosecuting Authority (NPA) to investigate entities like Kredietbank and the French government, and creating a specialised commission and tribunal for crimes against humanity.
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Document type: Report
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOMassung FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS (MES) FOR 14 OF ITS COAL AND LIQUID FUEL-FIRED POWER STATIONS
The Life After Coal campaign, representing several environmental and community alliances, strongly objects to Eskom's request to postpone Minimum Emission Standards (MES) for 14 coal and liquid fuel-fired power stations. The submission argues that under the National Environmental Management: Air Quality Act (AQA) and the associated Framework, postponements are only permissible if ambient air quality standards in the area are in compliance, which is not the case for the Highveld Priority Area (HPA), Vaal Triangle Airshed Priority Area (VTAPA), and Waterberg-Bojanala Priority Area (WBPA). The document highlights severe health impacts, including thousands of premature deaths attributed to PM2.5 emissions, and criticizes Eskom's Background Information Document (BID) for being inaccurate and incomplete. The campaign demands the rejection of the applications, the cessation of 'rolling postponements', and a just transition toward renewable energy.
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Document type: Statement
Audit of Bodycote PLC – climate change-related trends and risks
ClientEarth has challenged Deloitte LLP's audit of Bodycote PLC's 2017 Annual Report, asserting that the report contains material misstatements due to the omission of climate change and low carbon transition risks. ClientEarth contends that as an energy-intensive industrial manufacturer, Bodycote is materially exposed to these risks, yet the Annual Report only provides mandatory greenhouse gas emissions disclosures and a general corporate responsibility discussion. The organization argues that Deloitte, despite being a supporter of the Task Force on Climate-related Financial Disclosures (TCFD) and possessing institutional expertise on climate risks, failed to apply professional scepticism and judgement under International Standards on Auditing (ISAs). Specifically, ClientEarth suggests Deloitte breached ISA (UK) 200, 315, and 720 by not ensuring the strategic and directors' reports were prepared in accordance with legal requirements regarding the description of principal risks and future business trends. ClientEarth has submitted a complaint to the Financial Reporting Council (FRC) and requested that Deloitte explain its processes for integrating climate-related knowledge into its audit programmes.
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Document type: Statement
Audit of EasyJet PLC – climate change-related trends and risks
ClientEarth has challenged PwC's audit of EasyJet PLC's 2017 Annual Report, alleging that the report contains material misstatements due to the omission of climate change-related risks and the low carbon transition. ClientEarth contends that as an international airline, EasyJet is materially exposed to these trends, yet the report only provides mandatory greenhouse gas emissions disclosures and a general 'corporate responsibility' discussion. The organization argues that PwC, despite its public support for the Task Force on Climate-related Financial Disclosures (TCFD) and its own expertise in climate risk, failed to apply professional scepticism and judgement as required by International Standards on Auditing (ISAs). ClientEarth has submitted a complaint to the Financial Reporting Council (FRC) and questioned PwC on its processes for integrating climate knowledge into audit programmes and identifying material inconsistencies in strategic reports.
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Document type: Statement
Recommendations for IDB Invest’s Access to Information Policy
CIEL argues that IDB Invest's Access to Information Policy must be rooted in democratic principles and international law to protect affected communities and environmental defenders. Key recommendations include eliminating fees for information requests, extending the disclosure window for environmental and social documents to 120 days before Board approval, and ensuring the policy aligns with the Escazú Agreement. CIEL also emphasizes the need for robust protections for indigenous peoples' free, prior, and informed consent (FPIC) and the safety of environmental human rights defenders in the region.
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Document type: Statement