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GN413sp_STED10_09_23_01STp015_Comment_ver,1
The author contends that the Public Procurement Bill is constitutionally deficient because it grants procuring institutions broad, open-ended powers for preferential procurement without the 'framework' required by Section 217 of the constitution. The text argues that without specific guardrails to guide and limit these powers, the bill risks perpetuating inefficiency and corruption in a system that handles a fifth of South Africa's GDP. The author recommends that the bill be amended to explicitly instruct the minister of finance to elaborate a detailed framework to ensure legality and economic productivity.
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Document type: Statement
Checking Political Discretion in Recruitment to South Africa’s Public Administration
The document analyzes the impact of political patronage and 'state capture' on South Africa's public administration, arguing that current 'across-the-board' reform efforts are too hesitant and risky. It proposes empowering the Public Service Commission to lead recruitment planning and selection for senior administrative heads, rolling this out gradually across state organizations to avoid political backlash while entrenching merit-based appointments.
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Document type: Research paper
TOOLS FOR TACKLING CORPORATE LANDLORDS
The report argues that state preemption—where state law supersedes local ordinances—is frequently used to block municipal efforts to regulate corporate landlords, particularly private equity firms. It highlights that while 'home-rule' states offer more local autonomy than 'Dillon's rule' states, state governments can still override local housing policies. Using examples from California, Florida, and Illinois, the document demonstrates how preemption limits rent control, eviction protections, and inclusionary zoning, often influenced by corporate lobbying. The authors conclude that housing advocates must focus on state-level legislative changes and coalition building to abrogate these preemptions.
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Document type: Report
Amicus Brief in Supreme Court Case on the Consideration of Downstream Costs in NEPA Analyses
The document advocates for a broad interpretation of the National Environmental Policy Act (NEPA), arguing that agencies must analyze indirect environmental impacts beyond proximate effects, specifically in the context of a Surface Transportation Board decision regarding a railway in Utah's Uinta Basin.
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Document type: Legal commentary
Layout 1
The document details the history of displacement in Cyprus, starting from the 1950s and culminating in the 1974 division of the island, which left over 220,000 people dispossessed. It examines the divergent property policies of the Republic of Cyprus and the Turkish Republic of Northern Cyprus, the role of the European Court of Human Rights in adjudicating property claims, and the emotional and psychological impact on displaced Greek and Turkish Cypriots. Findings from focus groups indicate a growing sense of realism and pessimism regarding the possibility of return, with many displaced persons now favoring compensation or exchange over restitution due to the passage of time and the establishment of new lives in their current locations.
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Document type: Report
Displacement in cyprus consequences of civil anD military strife
The report examines the legal complexities of property and displacement in Cyprus, focusing on the Republic of Cyprus's support systems for Greek Cypriot displaced persons and the administration of Turkish Cypriot properties in the south. It details the influence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ) on property rights, highlighting the shift from the Loizidou case to the Demopoulos ruling, which directed claimants toward the Immovable Properties Commission (IPC). The document also critiques the 'doctrine of necessity' used to justify the Guardian of Turkish Cypriot Properties and discusses the discriminatory nature of certain property acquisition laws.
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Document type: Report
Property in the Cyprus Peace Process – Proceedings of the PCC-CePs Conference 20–21 May 2010 (Brussels)
The report details a conference in Brussels where representatives of Greek Cypriots (GCs) and Turkish Cypriots (TCs) discussed the legal, normative, and economic challenges of property restitution and compensation. Key tensions include the GCs' emphasis on the right of the legal owner to choose the remedy and the TCs' focus on the rights of current users and the principle of bizonality. The proceedings explore the role of the Immovable Property Commission (IPC), the impact of European Court of Human Rights (ECtHR) rulings, and the financial impossibility of full market-value compensation, suggesting alternative market-based exchange mechanisms and the need for social reconciliation.
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Document type: Report
ENVISIONING A FUTURE: TOWARDS A PROPERTY SETTLEMENT IN CYPRUS
The document summarizes a conference held on 30 September 2011 in Nicosia, which addressed the historical, social, and legal dimensions of property disputes resulting from the displacement of Greek and Turkish Cypriots. It details the divergent political positions of the two sides, the financial challenges of compensation, and the need for sustainable development and a pragmatic, multi-dimensional approach to settlement.
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Document type: Report
Global Energy Debates and the East Mediterranean
The document examines the intersection of global climate goals, EU energy security, and the emergence of the Eastern Mediterranean as a potential gas hub. It analyzes the role of natural gas as a 'bridging fuel' for the EU, the geopolitical use of energy by Russia and Iran, and the commercial and political obstacles facing gas development in Israel, Cyprus, and Egypt, particularly following the discovery of the Zohr field.
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Document type: Report
‘Just’ Research
The document examines the iBorderCtrl project, an EU-funded initiative that developed an AI-based 'lie detector' (ADDS) to identify deceitful third-country nationals at Schengen borders. The author argues that the project is not 'just research' but is driven by the securitisation of migrants, who are framed as security threats to justify the use of high-risk, experimental technology. The thesis finds that the project operated in a weakly regulated legal space where fundamental rights were treated as barriers rather than guiding principles. It further contends that migrants are treated as 'rights-optional' test subjects due to power imbalances and a lack of thorough ethical assessments, which the author describes as a 'rushed process'.
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Document type: Research paper
Migration into the Cyprus conflict and the Cypriot citizenship regime
The report examines the intersection of the Cyprus conflict and migration, highlighting how the island's territorial division and communal citizenship regime create systemic barriers for refugees and migrants. It analyzes the securitization of the Green Line, the lack of a formal asylum system in northern Cyprus, and the discriminatory nature of the Republic of Cyprus's citizenship laws, which assign individuals to ethnic communities. The author argues that these conflict-driven structures exacerbate the vulnerability of migrants and recommends revising the citizenship regime as part of peace negotiations.
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Document type: Report
Layout 1
The report examines the impact of natural gas discoveries in the Eastern Mediterranean on the geopolitics of Cyprus. It details the conflicting maritime claims between the Republic of Cyprus (RoC), Turkey, and the Turkish Republic of Northern Cyprus (TRNC), while analyzing the economic viability of various export options including LNG and pipelines. The authors conclude that the most likely future is a continuation of the status quo, where the RoC's ability to exploit gas remains heavily dependent on Israeli export decisions and the absence of a political settlement with Turkey.
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Document type: Report
Skyggekrigen mot UNRWA etter 7. oktober 2023
The document analyzes Israel's systematic effort to delegitimize and dismantle UNRWA through a 'shadow war' involving physical attacks, legal prohibitions, and an information campaign. It argues that Israel uses accusations of terrorism and antisemitism—specifically targeting school textbooks—as a proxy to undermine the agency's existence and, by extension, the Palestinian right of return. The authors detail the severe humanitarian impact of these actions in Gaza and the West Bank, noting that the culmination of this process was the passage of laws in October 2024 to ban UNRWA's operations in Israel and the occupied territories.
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Document type: Research paper
The July 2016 Arbitral Award, Interpretation of Article 121(3) of the UNCLOS, and Selecting Examples of Inconsistent State Practices
The author critiques the 2016 Arbitral Tribunal's interpretation of Article 121(3) of the United Nations Convention on the Law of the Sea (UNCLOS), which determined that high-tide features in the Spratly Islands are 'rocks' incapable of sustaining human habitation or economic life and thus cannot generate an Exclusive Economic Zone (EEZ) or continental shelf. The author contends that the Tribunal overlooked significant State practice where countries like Australia, France, Japan, New Zealand, and the United States claim 200-nm EEZs for similarly remote, uninhabited features. The paper suggests that if the Tribunal had comprehensively examined these practices and bilateral agreements, it might have reached a different conclusion. Furthermore, it highlights a 'double standard' where these five nations urge China and the Philippines to abide by the Award while continuing their own inconsistent claims.
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Document type: Research paper
Third Country Processing Regimes and the violation of the principle of non-refoulement
The document argues that Australia's mandatory off-shore processing regime in Nauru and Papua New Guinea constitutes a violation of the principle of non-refoulement. It contends that by transferring asylum seekers to facilities characterized by arbitrary detention, inadequate medical care, and conditions akin to torture, Australia exercises extraterritorial jurisdiction and remains legally responsible for these human rights violations. The author warns that this model serves as a blueprint for similar externalization policies currently emerging in the European Union.
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Document type: Research paper
The Zaporizhzhia NPP Occupation Case: Legal and Governance Challenges
The report examines the 2022 Russian seizure of the Zaporizhzhia Nuclear Power Plant (ZNPP) as a precedent that exposes critical gaps in international nuclear safety laws. It argues that existing frameworks, including the Pelindaba Treaty, are insufficient to address contemporary risks such as the military occupation of operational plants, drone warfare, and the targeting of supporting infrastructure like power grids and dams. The authors highlight severe human rights violations against ZNPP personnel and the limited enforcement mandate of the IAEA. To safeguard Africa's growing nuclear ambitions, the report recommends the African Union adopt a common position on nuclear safety during conflict, advocate for binding international regulations to prevent the occupation of nuclear facilities, and expand protections to include critical supporting infrastructure.
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Document type: Report
health-np-tess-informal-briefing-note-dd91f3b47bd6a58f.pdf
This briefing note from the Forum on Trade, Environment, & the SDGs provides recommendations for integrating human health protections into the development of a global instrument to end plastic pollution, specifically referencing the draft text in NP3.
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Document type: Briefing
Briefing Paper Bencana Iklim Kian Masif dan Mengorbankan Masyarakat, Mengapa Pemerintah Terus Menggenjot Energi Fosil?
The document critiques Indonesia's energy policies for prioritizing coal-fired power plants (PLTU) despite escalating climate disasters and socio-economic losses. It highlights the filing of two lawsuits at the Jakarta Administrative Court (PTUN Jakarta) by environmental organizations and affected citizens to challenge the RUKN 2025-2060 and RUPTL 2025-2034, arguing that these plans extend the life of fossil fuel infrastructure and ignore the health and economic impacts on local communities.
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Document type: Briefing
Media Briefing Mengapa Izin PLTU Ombilin Layak untuk Dicabut?
The document details a legal challenge by LBH Padang against the Indonesian Ministry of Environment and Forestry (KLHK) for failing to enforce sanctions against the PLTU Ombilin power plant. It highlights severe health issues among local children, high rates of acute respiratory infections (ISPA) in the Talawi district, and repeated pollution incidents involving fly ash and bottom ash (FABA). The briefing asserts that the plant's continued operation hinders Indonesia's emission reduction goals and violates the health rights of the local population.
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Document type: Briefing
LAPORAN RISET AKSI PARTISIPATIF TERKAIT SMELTER DI KAWASAN INDUSTRI BANTAENG
The report documents systemic failures in the development and operation of the Bantaeng Industrial Area (KIBA), highlighting severe environmental degradation, labor rights violations, and the marginalization of local communities. It argues that the project was established through deceptive land acquisition and lacks meaningful community participation, leading to the destruction of local livelihoods such as seaweed farming and brick-making. The findings detail illegal groundwater extraction, toxic pollution, and a dangerous working environment with multiple fatalities, while noting that local government oversight has been insufficient.
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Document type: Report