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The document argues that a lack of transparency and data mismatches hinder the ability of stakeholders to verify if EU fish quotas align with scientific advice and the legal requirements of the Common Fisheries Policy. It specifically highlights issues with spatial mismatches between management and advice units, the opacity of the Council of Ministers' decision-making, and the complexities introduced by the landing obligation's 'top-up' calculations. The author recommends that the European Commission publish its matching methodologies, create a centralised database for TACs shared with third countries, and improve the reporting of progress towards MSY.

The document examines the proposed EU DSO entity, a membership-based body intended to enhance cooperation between DSOs and transmission system operators (TSOs) and coordinate the development of Network Codes. While acknowledging potential benefits for integrating renewables and smart grids, the author warns that the lack of formal independence requirements and regulatory oversight could allow large DSOs to lobby for their own interests, create barriers to competition for renewables and demand response, and marginalize smaller, community-owned DSOs. The briefing recommends that ACER, rather than the DSO entity, should lead the drafting of Network Codes and that the entity be subject to explicit independence and representation criteria.

The document examines the TCMF Proposal's provisions for 'innovative fishing gears', specifically focusing on pulse trawling. ClientEarth argues that Article 24 of the proposal lacks a clear definition of 'innovative' and an adequate burden of proof. It recommends that any gear designated as innovative must be proven to have lower negative impacts on marine ecosystems than conventional methods, based on independent evaluations by the STECF. Using pulse trawling as a case study, the briefing highlights significant knowledge gaps regarding its impact on benthic communities and non-target species, and warns against its use in Natura 2000 sites without meeting the Habitats Directive's integrity tests.

The author argues that the Supreme Court's ruling in Michigan v. EPA did not vacate the Mercury and Air Toxics Standards (MATS) rule, but rather remanded the EPA's determination that regulating coal and oil-fired power plants was "appropriate and necessary" for reconsideration of costs. The document asserts that MATS emissions limits remain in place, potentially saving 11,000 lives per year, and that the decision does not affect other industries' air toxics standards, National Ambient Air Quality Standards, or the Clean Power Plan. While the ruling suggests that cost is relevant to regulatory actions involving ambiguous statutory language, the author notes that the EPA already possesses empirical cost of compliance data and a 2012 Regulatory Impact Analysis showing benefits outweighing costs by a 9:1 ratio.

The report examines how international law can address the systemic discrimination women face in forest tenure, which risks being exacerbated by REDD+. It provides a typology of relevant rights—including land tenure, gender-specific, procedural, FPIC, and environmental rights—and analyzes how these can be leveraged within the UNFCCC and World Bank's FCPF frameworks to ensure women are recognized as key stakeholders and rights-holders.

The report argues that TTIP's regulatory cooperation provisions, primarily based on EU proposals, would institutionalize oversight of US state-level legislation and regulations by federal and international bodies. This framework would likely lead to 'regulatory chill' through onerous procedural requirements, such as early warning systems and trade impact assessments, which favor industry influence over public interest. The document highlights that US states often act as the primary regulators of toxic chemicals and pesticides when federal action is lax, and that TTIP's goal of 'regulatory compatibility' could effectively set federal or international standards as a ceiling, preventing states from adopting more protective measures. It specifically warns that such mechanisms could be used to challenge state-level bans on substances like Bisphenol A (BPA) or pesticide residue monitoring programs in California.

The report evaluates the initial phase of Defra's revised approach to fishing in European Marine Sites in England, specifically analyzing 17 new 'red risk' byelaws. While acknowledging progress in protecting over 5,680 square km from bottom-towed gear, the authors identify significant legal failures where socio-economic interests were prioritized over environmental obligations. Key concerns include the inadequate protection of Sabellaria spinulosa reefs due to a focus on 'core' areas rather than historical distribution, and the lack of 'lashed and stowed' gear requirements in several byelaws, which hinders enforcement. The report recommends a strict application of the precautionary principle for the next phase, particularly regarding sandbank features in Special Areas of Conservation (SACs).

The Centre for Environmental Rights (CER) argues that current proposed fracking regulations in South Africa are inadequate because they rely on industry standards and are housed under the Mineral and Petroleum Resources Development Act (MPRDA) rather than comprehensive environmental laws. The document advocates for a regulatory regime based on the Constitution and the National Environmental Management Act (NEMA), calling for a specialised inter-departmental unit to oversee authorisations and enforcement. Key recommendations include mandatory baseline environmental measurements, public disclosure of fracking fluid chemicals, a prohibition on using potable water, and the implementation of 'green completions' to eliminate gas venting and flaring. The CER emphasizes that fracking should only be permitted if it can be proven to contribute to sustainable development without causing irreparable harm to water resources or disadvantaged communities.

The document analyzes the Mozambican legal framework for public procurement, concluding that while the current regulation does not expressly prioritize sustainability, there are several entry points for reform and interpretation to promote sustainable public procurement (SPP). It examines the roles of procurement authorities, the various contracting modalities—including public tenders, limited tenders, and direct contracting—and the criteria used for awarding contracts, suggesting shifts from 'lowest-price' to 'lowest-cost' or 'conjugated' criteria to better account for environmental and social impacts.

The document analyzes the proposed Tripartite FTA involving 26 member states from COMESA, EAC, and SADC. While the agreement aims for comprehensive liberalization of goods trade, the author argues that the approach to services is conservative and vague, relying on a 'lowest common denominator' strategy. A key area of potential progress is Annex 12, which addresses the movement of business persons, though the author notes critical gaps regarding the definition of 'temporary' movement and the lack of mutual recognition for professional qualifications.

The document examines the trend of trade protectionism following the Great Recession, specifically focusing on government subsidies and bail-outs. It argues that while subsidies are not inherently illegal under WTO rules, South Africa's specific rescue packages—administered through the Industrial Development Corporation (IDC)—may constitute 'actionable subsidies' under the Agreement on Subsidies and Countervailing Measures (ASCM) because they provide preferential financial benefits to specific enterprises. The author recommends that South Africa shift from short-term unilateral protectionism toward long-term trade facilitation and the promotion of policy space for developing countries to invest in emerging industries like green technology.

The document details a 2009 workshop organized by the Institute for Security Studies (ISS) focusing on the intersection of climate change and transboundary water conflicts in Africa, with a heavy emphasis on the Nile River Basin. It examines how environmental degradation, population growth, and uneven water distribution exacerbate tensions between riparian states. The report highlights the role of regional bodies like the Nile Basin Initiative (NBI), IGAD, and ECOWAS, and argues that while climate change acts as a 'threat multiplier,' it can also serve as an incentive for regional cooperation. Key recommendations include the ratification of the UN Convention on the Law of Non-Navigational Uses of International Watercourses, the establishment of joint management frameworks, and the integration of climate adaptation into national planning and donor programs.

The document examines Africa's engagement with the CWC and BTWC, noting that while CWC participation is high due to the support of the OPCW, BTWC engagement is low due to a lack of an oversight body and a perception that biological weapons are not a primary threat. It highlights significant gaps in national legislation and the vulnerability of African public health systems to deliberate disease outbreaks.

The document analyzes proposals by the EC and NAMA-11 to create a horizontal, non-binding mechanism for addressing non-tariff measures (NTMs) that operates independently of the WTO's Dispute Settlement Understanding (DSU). It argues that by focusing exclusively on trade restrictiveness rather than legality, these mechanisms risk marginalizing environmental and social policy objectives and leaving developing countries vulnerable to power politics and 'arm-twisting' due to a lack of judicial protection and transparency.

The document examines how the TRIPs Agreement's patent requirements can lead to the appropriation of traditional knowledge by outside researchers without consent or fair compensation. It contrasts the TRIPs model with the Convention on Biological Diversity (CBD) and the FAO's International Treaty on Plant Genetic Resources for Food and Agriculture, noting that the lack of a coordinated international agreement hinders the ability of indigenous communities to manage and benefit from their knowledge.

The document examines the three forms of special and differential treatment (SDT) in the WTO: modulation of commitments, trade preferences, and declarations of support. It argues that existing SDT is often unenforceable or eroding, and that the Doha Round requires a new, more sophisticated regime of differentiation based on objective criteria to achieve consensus among diverse developing nations.

The document examines how NAFTA's Chapter 11 provisions—specifically those regarding expropriation, national treatment, and performance requirements—can be used by investors to challenge environmental regulations. It highlights a lack of transparency and accountability in the ad hoc investor-state dispute process and suggests that the Joint Public Advisory Committee (JPAC) should push the Commission for Environmental Cooperation (CEC) and the Free Trade Commission (FTC) to reform these mechanisms to better balance investor rights with public interest.

The briefing argues that WTO trade liberalisation and intellectual property rules may undermine global biodiversity protections. It highlights conflicts between WTO regulations and the CBD's 'precautionary approach' to Genetically Modified Organisms (GMOs), the risk of corporate control over 'ecological goods' and services, and the marginalisation of the CBD Secretariat within WTO decision-making processes. The author contends that industrial agriculture promoted by the WTO displaces traditional farming and encourages chemical dependency, while TRIPS agreement patents may conflict with the non-patentability of genetic resources.

The document argues that WTO rules do not prevent the implementation of an ambitious plastics treaty, as multilateral environmental agreements (MEAs) can restrict trade without violating trade law. It highlights that GATT Article XX provides general exceptions for measures necessary to protect human, animal, or plant life and health, or the conservation of exhaustible natural resources. To avoid trade challenges, the brief recommends that the treaty use precise, science-based obligations, ensure non-Party trade measures mirror those between Parties, and explicitly articulate the links between plastic pollution and public health and biodiversity.

The report warns that NAFTA and the U.S.-Canada Free Trade Agreement (FTA) treat water as a commodity, potentially preventing Canada from restricting large-scale water exports to the U.S. and Mexico. It details massive proposed projects like NAWAPA and the GRAND Canal, and identifies trends—such as the rise of water marketing and the impacts of global warming—that increase the likelihood of these transfers. The authors recommend forming a North American Water Task Force and pursuing legal frameworks that prioritize ecological and indigenous values over economic ones.