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Earthjustice is litigating against the National Marine Fisheries Service (NMFS) and fishery management councils to enforce the Magnuson-Stevens Act and prevent the regional eradication of river herring and shad caused by industrial overfishing.

The report documents a regional trend of violence against environmental defenders in Mexico and Central America linked to industrial mining. It argues that this violence stems from state failure to manage environmental impacts and a lack of protection for defenders, often exacerbated by the influence of foreign mining companies from Canada and the United States. Through case studies in Mexico, Guatemala, Honduras, El Salvador, and Panama, the document details threats, kidnappings, and assassinations, while recommending stronger institutional protections, the implementation of free, prior, and informed consent, and greater accountability for home states of foreign corporations.

The report documents a regional trend of violence against environmental defenders in Mexico and Central America, linking these abuses to the social and environmental impacts of industrial mining and the failure of states to protect human rights. It provides case studies from five countries and recommends strengthening institutional protection, environmental regulations, and the right to free, prior, and informed consent.

The document examines the rise of Private Military and Security Companies (PMSCs) and the challenges they pose to state monopolies on force. It argues that while PMSCs offer specialized skills and logistical support that could enhance African peacekeeping and Security Sector Reform (SSR), a critical lack of a binding international legal framework leads to accountability gaps and human rights abuses. The author distinguishes PMSCs from mercenaries and advocates for a supportive, non-offensive role for these companies, regulated by international law to prevent impunity.

The document is the 12th issue of the Sur International Journal on Human Rights, focusing on the Millennium Development Goals (MDGs) and their alignment with human rights. A central component is an analysis of the Clean Development Mechanism (CDM) under the Kyoto Protocol, arguing that while the CDM facilitates investment and technology transfer to the Global South, it lacks a robust rights-based approach, fails to ensure equitable geographical distribution of projects, and lacks effective accountability and grievance mechanisms. The issue also includes discussions on maternal health, the right to health (MDG 6), indigenous peoples' rights, and corporate human rights obligations.

ClientEarth argues that the Commission's proposal to recast Regulation 1049/2001 restricts transparency through a narrower definition of 'document' and new exceptions for dispute settlement proceedings. The briefing calls for the regulation to be updated in line with the Lisbon Treaty, Court of Justice case law, and the Aarhus Convention to ensure broader public access to EU institutional information, including legal advice in legislative processes and environmental data.

The report evaluates two proposed reforms to the Toxic Substances Control Act (TSCA) regarding their ability to enable U.S. ratification of three international chemicals treaties. It finds the Lautenberg bill more effective in providing the comprehensive prohibitions required for ratification, while the Rush-Waxman draft contains delays and gaps that could hinder compliance. Both bills are criticized for failing to provide sufficient authority for the EPA to lead internationally on the elimination of persistent, bioaccumulative, and toxic (PBT) chemicals beyond the minimum treaty requirements.

The document examines how global warming threatens fundamental human rights—including the rights to food, water, health, and housing—and explores the legal frameworks available for redress. It reviews international environmental law, the outcomes of the 2009 Copenhagen Conference, and existing jurisprudence from human rights tribunals. The authors argue that climate-related harms are not 'new territory' for litigation but fit within established legal principles. The paper specifically evaluates the CESCR's current work and proposes eleven recommendations to better anchor climate change in the Committee's state reporting, general comments, and the use of its Optional Protocol for individual and inter-state complaints.

The report examines how the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement) creates legal uncertainty for climate mitigation tools. It analyzes specific issues such as carbon allowances, carbon leakage, and renewable energy subsidies, arguing that the current 'benefit' and 'specificity' criteria often fail to account for market failures and historical fossil fuel distortions. The author proposes four alternative legal paths: extending GATT Article XX general exceptions to the SCM Agreement, reviving 'non-actionable' subsidy categories based on Kyoto Protocol goals, broadening environmental goods and services negotiations to include non-tariff measures, or establishing a UNFCCC-driven waiver system.

The report traces the conceptual shift of sexual violence in conflict, moving from the 'lootpillageandrape' nexus of early 20th-century wars to the systematic 'rape camps' of the 1990s. It examines the role of the Bosnian and Rwandan genocides in establishing rape as a weapon of war and a crime against humanity. The document analyzes three theoretical frameworks—essentialism, structuralism, and social constructionism—to explain the motivations of perpetrators and the targeting of victims. It further details the development of international legal mechanisms, including the ICTY, ICTR, and the ICC, and the impact of UN Security Council Resolutions 1325, 1820, and 1888 on the protection of women and the institutionalization of gender units in peacekeeping missions.

The document examines the 'major loophole' in the Comprehensive Peace Agreement (CPA) regarding the lack of a clear judicial mechanism to compensate Southern Sudanese communities for environmental degradation caused by oil companies. It details the adverse impacts of oil production—including water contamination, soil erosion, and mass displacement—and analyzes the overlapping and often conflicting jurisdictions of the Government of National Unity (GNU) and the Government of Southern Sudan (GoSS). The author argues that while the CPA guarantees compensation, the absence of specific environmental laws and the political nature of the National Petroleum Commission (NPC) leave victims without recourse. The paper recommends the urgent enactment of interim environmental laws and the use of existing regional judiciaries to fill the legal vacuum before the 2011 referendum.

The paper examines the tension between international investment law and climate action, arguing that common investor protections can hinder environmental regulation. It suggests specific drafting changes to IIAs to preserve policy space and explores using the Kyoto Protocol's Clean Development Mechanism as a model for promoting green investment.

The document examines the intersection of the right to development and climate change, focusing on the Clean Development Mechanism (CDM). It argues that while the CDM facilitates technology transfer and emissions reductions, it lacks sufficient human rights safeguards, equitable geographical distribution, and accountability mechanisms. The author proposes integrating a rights-based approach (RBA) and refining the High-Level Task Force's (HLTF) evaluation criteria to include science-based decision-making and the principle of common but differentiated responsibilities (CBDR).

The Supreme Court of Appeal (SCA) dismissed an appeal by Bengwenyama Minerals, ruling that while section 96 of the Mineral and Petroleum Resources Development Act (MPRDA) provides for an internal appeal process, the appellants failed to exhaust this remedy or seek condonation for late submission, rendering their subsequent review application under the Promotion of Administrative Justice Act (PAJA) out of time. The court also rejected the claim that the application was a 'community application' under section 104 of the MPRDA, as the initial application provided no evidence to alert the Department of Mineral Resources to this status. Additionally, the court made an obiter remark suggesting that the requirement for financial resources to conduct prospecting optimally under section 17(1)(a) of the MPRDA excludes the financial provision for environmental rehabilitation, though the commentary notes that the Constitutional Court later contradicted this by confirming environmental impacts are jurisdictional facts.

The court ruled that mining is a land use subject to municipal planning and that the Mineral and Petroleum Resources Development Act does not override the Land Use Planning Ordinance or the National Environmental Management Act.

The document summarizes the case of Joubert & Others v Maranda Mining Co (Pty) Ltd, where the court determined that a mining rights holder's right to access land 'solidifies' once all public participation and consultation provisions under the Mineral and Petroleum Resources Development Act 28 of 2002 have been met. In this specific instance, the court dismissed an appeal by the Sanwild Wildlife Trust, confirming that Maranda Mining Co had complied with the necessary consultation requirements to gain access to the land for gold mining operations.

The court ruled that the Land Use Planning Ordinance 15 of 1985 (LUPO) constitutes 'relevant law' under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and is not inconsistent with the Constitution. Consequently, mining activities cannot proceed on land without proper rezoning, as municipal planning falls within the constitutional mandate of local authorities and does not unlawfully intrude upon national legislative competence over mining.

The document evaluates the 2009 OECD checklist on private sector participation in water infrastructure. It acknowledges positive additions regarding responsible business conduct and sustainability but criticizes the checklist for contradictions regarding decentralization, a perfunctory treatment of international investment arbitration risks, and the omission of the 'duty of efficiency' as a legal requirement for providers.

The document examines the intersection of environmental governance and climate change in Africa, highlighting the continent's high vulnerability due to low adaptive capacity and 'multiple stresses'. It analyzes specific case studies on land degradation and gender in Uganda, informal institutions in the Lake Victoria Basin, and renewable energy policies in Nigeria and Uganda. It further critiques the Clean Development Mechanism (CDM) from an African perspective, suggesting reforms to increase participation and sustainable development. Finally, it argues for a human rights-based approach to climate mitigation and adaptation to protect the most vulnerable populations.

The document analyses the systemic drivers of political violence in Kenya, including strong executive powers, impunity, and socioeconomic inequalities. It evaluates responses such as criminal prosecutions via the ICC or domestic tribunals, institutional reforms, and the establishment of a Truth, Justice and Reconciliation Commission to prevent future recurrence.