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To land or not to land – that is the “discard ban” question
The document discusses the implementation of the landing obligation under the new Common Fisheries Policy, emphasizing that it is not a blanket ban but a partial obligation with specific exemptions and flexibilities. It argues that these mechanisms must be managed lawfully to avoid undermining the goal of Maximum Sustainable Yield (MSY).
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Document type: Briefing
SKM_28720050814180
This document consists of the Appellants' Practice Note and Heads of Argument filed in the Supreme Court of Appeal of South Africa on 8 May 2020. The Appellants, including the Global Environmental Trust and the Mfolozi Community Environmental Justice Organisation, are appealing a High Court judgment that found in favour of Tendele Coal Mining (Pty) Ltd. The appeal centers on whether Tendele's mining operations at the Somkhele Mine were conducted lawfully without specific environmental authorisations under the National Environmental Management Act (NEMA), municipal land use approvals, waste management licences, and permits for the relocation of community graves.
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Document type: Briefing
coct-heads-f8ffde8673eda46e.pdf
This document contains the Applicant's Heads of Argument and Practice Note filed by the City of Cape Town in the High Court of South Africa (Gauteng Division, Pretoria). The City is seeking a declaratory order regarding the interpretation of section 34 of the Electricity Regulation Act 4 of 2006 (ERA), arguing that a ministerial determination is not required for an independent power producer (IPP) to establish a new power plant and supply electricity to the City. The City contends that the current interpretation held by the National Energy Regulator of South Africa (Nersa) and the Minister of Energy is either legally incorrect or unconstitutional as it infringes upon the autonomy of local government.
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Document type: Briefing
INDIGENOUS PEOPLES AND TRADITIONAL KNOWLEDGE IN THE CONTEXT OF THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE
The document serves as a reference tool to track the recognition of Indigenous Peoples' rights and traditional knowledge within the UNFCCC process, highlighting over 60 decisions and the establishment of the Local Communities and Indigenous Peoples Platform.
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Document type: Briefing
Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1)
The document analyzes the UNEP Options for Elements paper, identifying strengths such as the inclusion of chemicals and trade restrictions, while recommending improvements in upstream interventions, health integration, and the removal of voluntary language. It provides a detailed companion table mapping Member State submissions across twelve categories of core obligations and control measures, including primary polymer reduction, problematic product bans, microplastics, waste management, circular design, and just transition mechanisms.
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Document type: Briefing
services-9fe8c12e3740f9f4.pdf
The briefing emphasizes the need for coherence between international trade rules and sustainable development. It highlights how various multilateral environmental agreements (MEAs) and UN agencies address the impacts of services trade on the environment, health, and human rights. The author contends that WTO Members should not conduct services negotiations in isolation but should instead employ transparent, comprehensive sustainability assessments—incorporating social and environmental metrics—before establishing new legally binding obligations under GATS.
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Document type: Briefing
ClientEarth briefing about proposed amendments on: The proposal for a regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (COM(2010)0083 – C7-0073/2010 – 2010/0051(COD))
ClientEarth proposes amendments to a proposed EU regulation to ensure the European Parliament can scrutinize and oppose implementing acts. The briefing argues that 'control by Member States' should include the European Parliament as representatives of citizens. Proposed changes include a right of scrutiny to flag power excesses, guaranteed public access to documents under Regulation 1049/2001, and the ability for the Parliament to oppose or amend draft measures in the examination procedure based on legality, subsidiarity, or proportionality.
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This summary is written by a language model reading the source document. It is not the publisher's words and is not a substitute for the original.
Document type: Briefing