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GCF Standard Terms and Conditions for Purchases
The GCF Standard Terms and Conditions for Purchases (August 2024) outline the contractual obligations for contractors supplying goods or services to the Green Climate Fund. Key provisions include payment terms (30 days post-acceptance), warranty requirements for quality and non-infringement, and strict adherence to GCF's Policy on Prohibited Practices and SEAH Policy. The agreement is governed by the laws of the Republic of Korea, with disputes settled via UNCITRAL arbitration in Seoul. It also specifies GCF's tax exemptions under its Headquarters Agreement and requires contractors to uphold the ten principles of the United Nations Global Compact.
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Document type: Guide
Maastricht Principles on The Human Rights of Future Generations
The Maastricht Principles on the Human Rights of Future Generations define future generations as those who do not yet exist but will inherit the Earth, asserting that human rights contain no temporal limitation. The document outlines binding obligations for States to respect, protect, and fulfil these rights, specifically highlighting the need to cease unsustainable production and consumption patterns and to phase out fossil fuels. It emphasizes the role of Indigenous Peoples' knowledge, the principle of trusteeship over the Earth, and the necessity of providing effective remedies and reparations for intergenerational harm.
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Document type: Statement
Agreement for the Coordinated Suspension of Investor–State Dispute Settlement With Respect to COVID-19- Related Measures and Disputes
The document proposes a framework for states to suspend ISDS provisions to prevent foreign investors from initiating legal claims against governments for emergency COVID-19 measures. It includes a draft agreement that defines COVID-19-related measures as 'self-judging' and suggests both multilateral and bilateral implementation paths to mitigate legal risks associated with public health and economic interventions.
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Document type: Briefing
Accord pour la suspension coordonnée du règlement des différends investisseurs-États en ce qui concerne les mesures et les différends liés à la COVID-19
The International Institute for Sustainable Development (IISD) provides a proposed legal text and commentary for an agreement to suspend investor-state dispute settlement (ISDS) for COVID-19 related measures. The proposal aims to protect governments from unprecedented risks of foreign investor claims resulting from emergency public health and economic interventions. It suggests both a multilateral approach for broad coverage and a bilateral approach for faster implementation, featuring a 'self-judging' definition of COVID-19 measures to ensure state sovereignty over the classification of such actions.
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Document type: Briefing
TREATY TEXT PROPOSAL GLOBAL CAMPAIGN TO RECLAIM PEOPLES SOVEREIGNTY, DISMANTLE CORPORATE POWER AND STOP IMPUNITY
The Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity proposes a comprehensive international treaty to hold transnational corporations (TNCs) and their managers legally accountable for human rights violations. The proposal argues for the primacy of international human rights law over trade and investment agreements, the establishment of an International Court on Transnational Corporations, and the creation of a Monitoring Centre. It outlines specific obligations for TNCs, States, and International Financial Institutions (IFIs), emphasizing the need to pierce the corporate veil and ensure access to justice for affected communities, particularly in the Global South.
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Document type: Statement
PROPUESTA DE TEXTO CAMPAÑA MUNDIAL PARA RECLAMAR LA SOBERANÍA DE LOS PUEBLOS, DESMANTELAR EL PODER CORPORATIVO Y PONER FIN A LA IMPUNIDAD
This draft treaty proposes a comprehensive international legal framework to hold transnational corporations (TNCs) and their managers accountable for human rights violations. It argues for the supremacy of international human rights law over trade and investment agreements, establishes the responsibility of 'home states' to regulate TNCs extraterritorially, and proposes the creation of an International Court on Transnational Corporations and an International Monitoring Center. The text details specific obligations for TNCs—including bans on forced labor, protection of indigenous land rights, and environmental compliance—and mandates that states ensure access to justice and reparations for affected communities.
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Document type: Statement
POUR LA SOUVERAINETÉ POPULAIRE
The document is a draft proposal for a 'Treaty on Transnational Corporations and their Value Chain on Human Rights,' submitted by a global campaign to the UN Human Rights Council. It argues that the globalization of the economy has created power asymmetries that allow TNCs to violate human rights with impunity, particularly in the Global South. The proposed treaty establishes direct legal obligations for TNCs and their executives, mandates states to protect human rights through territorial and extraterritorial legislation, and proposes the creation of an International Court on Transnational Corporations and an International Monitoring Centre. It emphasizes the primacy of human rights law over trade and investment agreements and demands the recognition of the rights of indigenous peoples and affected communities to free, prior, and informed consent.
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Document type: Statement
Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights
The Maastricht Principles define the scope and nature of State responsibilities regarding human rights beyond their own borders, emphasizing that economic globalization requires States to ensure their acts and omissions do not impair the rights of people worldwide. It outlines specific obligations to avoid direct and indirect interference, regulate non-State actors like corporations, and cooperate internationally to create an enabling environment for the universal realization of economic, social and cultural rights, while providing frameworks for accountability and remedy.
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Document type: Report
Modèle d’accord international sur l’investissement pour le développement durable (IIDD)
The International Institute for Sustainable Development (IISD) presents a model international investment agreement that shifts the focus from purely protecting foreign capital to integrating sustainable development, human rights, and environmental protections. The guide proposes a comprehensive framework of rights and obligations for investors, host states, and home states, including mandatory environmental and social impact assessments, anti-corruption measures, and a reformed dispute resolution mechanism featuring an appellate body and increased transparency.
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Document type: Guide
Acuerdo internacional modelo del IISD sobre inversión para el desarrollo sostenible
The IISD proposes a new model for international investment agreements (IIAs) to replace outdated 20th-century frameworks. The model introduces mandatory investor obligations regarding environmental and social impact assessments, anti-corruption, and human rights, while preserving the right of host states to regulate for the public interest. It also proposes a systemic overhaul of dispute resolution, moving from ad hoc arbitration to a permanent panel and appellate system similar to the WTO.
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Document type: Guide
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea is a comprehensive international agreement establishing a legal framework for the use, conservation, and management of the world's oceans and seas. It defines various maritime zones, including the territorial sea, exclusive economic zone, and the continental shelf, while establishing the International Seabed Authority to manage the 'Area' (the seabed beyond national jurisdiction) as the common heritage of mankind. The document details the rights and duties of coastal and land-locked states, rules for navigation and innocent passage, obligations for the protection of the marine environment, and mechanisms for the settlement of maritime disputes.
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Document type: Report
Proyecto de disposiciones sobre privilegios e inmunidades
The document establishes the legal framework for the Green Climate Fund's (GCF) operational independence, including full legal personality, immunity from judicial processes and asset seizure, tax exemptions, and specific privileges for its officials and communications.
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Document type: Report
ACUERDO ENTRE EL INSTITUTO INTERAMERICANO PARA LA INVESTIGACIÓN DEL CAMBIO GLOBAL Y EL GOBIERNO DE PAÍS RELATIVO A LA SEDE DEL IAI
The document is a draft agreement establishing the legal, administrative, and diplomatic framework for the Inter-American Institute for Global Change Research (IAI) to operate within a host country. It outlines the IAI's legal personality, the inviolability of its premises and archives, and extensive tax exemptions for the organization and its assets. The agreement also details the privileges and immunities granted to the Executive Director and staff, including immunity from legal process for official acts and exemptions from national taxes and immigration restrictions. It further specifies the host government's obligations to provide facilities, ensure security, and facilitate the entry and movement of IAI personnel.
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Document type: Statement
MANUEL SUR L’ACTION CLIMATIQUE
The document provides a comprehensive framework for Senegalese communities to understand climate change, assess their vulnerabilities, and take 'climate action' through legal empowerment. It details the specific climate risks facing Senegal, lists international and national legal obligations, and provides a step-by-step toolkit for advocacy, information access, and litigation.
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Document type: Guide
CONCESSION AGREEMENT TEMPLATE
The Concession Agreement Template establishes a legal framework for the construction, operation, and maintenance of mini-grid facilities. It defines the rights and obligations of the Conceding Authority and the Concession Holder, covering asset management, service quality, insurance, and termination procedures, including detailed compensation mechanisms for various termination scenarios.
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Document type: Guide
ENGINEERING PROCUREMENT AND CONSTRUCTION AGREEMENT TEMPLATE
This template establishes a legal framework for contracts between a government contracting authority and a private contractor for the design, construction, and optional operation of mini-grid facilities. It defines the scope of work, payment structures, performance testing, and risk allocation to ensure transparency and flexibility in rural electrification projects.
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Document type: Guide