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intitle:
The document title intitle:"climate education"
ispublisher:
The publishing organization ispublisher:CAPE
insummary:
Summary and key findings insummary:"conflict of interest"
hasconcept:
Climate tags, frame/perspective and analysis type hasconcept:"Climate Justice"
geography:
Regions the document covers or discusses geography:Canada
doctype:
Document type doctype:report
lang:
Document language, as an ISO code lang:fr
cidid:
One record, by its directory id cidid:iisd-000297
Analysis TypeLegal assessment
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65 results

  • The document argues that the EU has failed its legal obligation to harvest all stocks sustainably by 2020, noting that 83% of assessed stocks in the Mediterranean and Black Seas remain overfished and the North-East Atlantic overfishing rate rose to 43% in 2019. The NGOs identify four critical implementation gaps: the need to acknowledge real overfishing levels rather than using misleading metrics, the requirement to manage data-limited stocks according to the precautionary approach, the necessity of using science-based catch limits over 'last resort' remedial measures, and the urgent need to fully implement the landing obligation to prevent illegal discarding. They specifically criticize the Commission for using metrics like landing volumes that distort the status of depleted stocks and for setting Total Allowable Catches (TACs) that frequently exceed scientific advice, particularly for data-limited stocks.

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    Document type: Statement

  • The report examines the conflict between WTO farm subsidy rules and public stockholding programs used by developing countries for food security. It analyzes the impact of outdated reference prices and proposes five potential paths toward a permanent solution, concluding that a modified version of the 2013 Bali Decision is the most viable approach.

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    Regions: World
  • The report analyzes the legal and economic feasibility of a social contract intended to restructure Poland's hard coal mining sector. It concludes that the contract lacks direct legal effect and violates EU competition law, particularly regarding subsidies for operating mines. The author argues that the European Commission is unlikely to authorize new state aid for coal production given the European Green Deal, and that the sector's continued preferential treatment hinders Poland's energy transition.

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    Document type: Report

    Regions: Poland
  • The document assesses six policy options to raise cocoa prices and farmer incomes to combat poverty, deforestation, and child labour. It concludes that most trade-based interventions, such as export price regimes or import duties, are unsustainable in the long term due to risks of over-supply, reduced consumer demand, and WTO compatibility issues. The author identifies bilateral partnership agreements as the most promising approach to create the governance and sustainability standards necessary for a comprehensive sector reform.

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    Document type: Research paper

  • The report argues that the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) is a landmark instrument that recognizes peasants and other rural workers as holders of collective rights. It details how the Declaration protects food sovereignty, land tenure, and environmental rights, debunking the misconception that human rights apply only to individuals. The document provides examples of national and international applications of these rights and advocates for their inclusion in a Binding Treaty on Transnational Corporations and Human Rights.

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    Regions: World
  • The document outlines specific legal and systemic barriers to environmental justice in four European nations, highlighting issues such as restrictive standing for NGOs, lack of judicial specialization, and ineffective injunctive relief.

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    Document type: Briefing

  • The document critiques the Coal Replacement Bonus and the South Bonus introduced in Germany's Coal Phase-out Law, arguing that they overcompensate gas-based CHP plants, risk creating a carbon lock-in effect, and may delay the phase-out of hard coal by offering more attractive financial incentives than closure auctions.

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    Document type: Briefing

    Regions: Germany
  • The report argues that the UK, the Netherlands, and Germany are in breach of the EU Habitats Directive by failing to implement effective management measures for the Dogger Bank SACs. It concludes that most bottom-contacting fishing gears cause significant harm to the H1110 sandbank habitat and should be halted to restore the site's integrity.

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    Document type: Report

  • The report asserts that Australia's climate policies and fossil fuel exports are causing the deterioration of the Great Barrier Reef's Outstanding Universal Value (OUV). It argues that Australia is failing its obligations under the World Heritage Convention by not pursuing a well-below-1.5°C pathway and relying on 'legally baseless' carryover credits to meet emissions targets. The document calls for the Great Barrier Reef to be inscribed on the List of World Heritage in Danger and for the Australian government to phase out fossil fuel production and exports.

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    Document type: Report

  • The document analyzes Provisional Measure (MP) 910 of 2019, which modifies the legal framework for regularizing informal occupations of federal public lands in Brazil, specifically in the Amazon. It argues that the measure facilitates the legalization of lands occupied after 2011, removes mandatory inspections for larger land parcels, and ignores Forest Code regulations, thereby incentivizing illegal deforestation and benefiting large landowners over traditional communities.

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    Document type: Fact sheet

  • The document argues that the energy transition requires a participatory governance approach to ensure public acceptance and the effective integration of prosumers and energy communities. It advocates for the full implementation of the Aarhus Convention and Maastricht Recommendations, highlighting that current public consultation processes, such as those for National Energy and Climate Plans (NECPs), have often been ineffective. The brief provides a detailed framework for future consultations, including specific timelines and the recognition of prosumers as a distinct stakeholder group.

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    Document type: Policy brief

  • The document argues that the rapporteur's proposal for MPV 867/2018 introduces drastic changes to Law 12.651/2012 that could paralyze environmental regularization, increase legal uncertainty, and incentivize illegal deforestation. Key concerns include shifting the responsibility for PRA adherence from landowners to state agencies, altering Legal Reserve calculations to be based on existing native vegetation rather than total property area, and creating a new legal regime for specific biomes that may not guarantee ecosystem integrity.

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    Document type: Briefing

    Regions: Brazil
  • The document argues for the alignment of provincial conservation laws with national legislation, the clarification of welfare mandates between government departments, and the standardisation of permitting processes to ensure the well-being of wild animals in South Africa.

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    Document type: Policy brief

    Regions: South Africa
  • The document details the STF's decision that the 2012 Forest Code does not result in environmental regression, while specifying five points of unconstitutionality. It explains the benefits available to producers who deforested before July 22, 2008, including the suspension of fines through Environmental Regularization Programs (PRAs) and flexible restoration requirements. The briefing emphasizes that registration in the Rural Environmental Registry (CAR) by May 31, 2018, is mandatory for accessing these benefits and obtaining rural credit. It concludes that the law's implementation is essential for Brazil to meet its Paris Agreement goals, specifically the restoration of 12 million hectares and the elimination of illegal deforestation.

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    Document type: Briefing

    Regions: Brazil
  • The report evaluates the Polish Act on the Capacity Market, concluding that while it is likely to be approved by the European Commission due to alignment with EU State aid guidelines, it may result in higher costs for final customers and primarily benefit existing coal-fired power plants. Key improvements over previous drafts include the removal of auction 'baskets' and the introduction of preferences for low-carbon technologies, though the author argues these may not be sufficient to substantially reduce the overall emission factor of the Polish Power System.

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    Document type: Report

    Regions: Poland
  • The document analyzes the proposed EU DSO entity, identifying risks such as conflicts of interest in drafting Network Codes (NCs) and potential discrimination against smaller market players. It evaluates four options: scrapping the proposal, creating an independent Consultation Forum, embedding strong regulatory safeguards, or limiting the EU DSO's mandate while transferring rule-setting tasks to ACER. The author concludes that a combination of strong safeguards and a limited consultative mandate is the most desirable approach to ensure non-discrimination and alignment with EU climate and energy goals.

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    Document type: Briefing

  • The report assesses the legal responsibilities of states to protect World Heritage-listed coral reefs, using the Great Barrier Reef as a case study. It argues that Australia, as a high per-capita emitter with significant resources, is failing its obligations by not sufficiently reducing greenhouse gas emissions, permitting new fossil fuel infrastructure in the Galilee Basin, and failing to mitigate non-climate stressors such as the expansion of the Abbot Point coal port. The document recommends that the World Heritage Committee inscribe the Great Barrier Reef on the List of World Heritage in Danger.

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    Document type: Report

  • The report examines how the EU's legal framework for chemicals, products, and waste interacts within a circular economy. It argues that a critical failure to pass information about hazardous substances along the material life cycle makes using recovered materials more costly and riskier than using virgin ones. Through case studies on mattresses and LCD TVs, the document demonstrates that while waste-stream specific legislation (like the WEEE Directive) can facilitate safe recovery, the general framework is insufficient. The authors recommend limiting hazardous chemicals at the entry point, improving information systems for chemical composition, and ensuring that recovered materials are held to the same safety standards as virgin materials.

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    Document type: Report

  • The document details a workshop involving government officials, Sami representatives, and researchers to address the gap between legal requirements to promote Sami culture and the actual practice of authorities in planning and permitting. Key discussions focused on the necessity of early dialogue, the recognition of traditional knowledge, and the systemic failure to account for cumulative effects of land exploitation. The report highlights a strong convergence between authorities and Sami representatives on the primary obstacles, such as resource shortages and the problematic assumption of 'coexistence' between industry and reindeer husbandry.

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    Document type: Report

    Regions: Sweden
  • The text examines 'problem shifting' within the context of sustainable natural resource management and the Anthropocene. It evaluates whether existing international legal instruments, such as no-transfer provisions and inter-treaty cooperation, are sufficient to manage planetary-scale environmental risks. Using case studies on marine geoengineering and hydrofluorocarbons (HFCs), the analysis concludes that international law is currently inadequate and suggests the need for a new legal principle to address the trans-sectoral transformation of harm, similar to the development of the no-harm and intergenerational equity norms.

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    Document type: Research paper

Showing 21–40 of 65 documents