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Climate Science in Legal Contexts
The document is a comprehensive glossary designed to bridge the communication gap between the scientific and legal communities in the context of climate litigation. It defines key terms across seven thematic areas: foundational scientific concepts, measurement and data methods, climate and environmental science, risk and impact, public health, Indigenous Knowledge, and socioeconomic policy. The guide emphasizes the distinctions between scientific and legal interpretations of terms like 'bias', 'significance', and 'uncertainty', and explains how attribution science and climate modeling can be used to establish causation and responsibility in court.
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Document type: Guide
copy-for-spanish-icj-ao_litigation-notes-digest_feb2026-2.0-fc3f7f8fe10f06a5.pdf
The document translates the ICJ's 2025 Advisory Opinion on climate change into practical legal tools for climate litigation. It details State obligations under international treaties (UNFCCC, Paris Agreement) and customary law, emphasizing a 'rigorous' due diligence standard to limit global warming to 1.5°C. The guide covers specific litigation areas including government framework cases, adaptation, reparations, the right to a healthy environment, corporate conduct, climate finance, speculative interventions (like geoengineering), and regulatory backsliding, providing key quotes and illustrative case examples for each.
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Document type: Guide
Litigation Note on Remedies and Reparations
The document distills the International Court of Justice (ICJ) 2025 advisory opinion to assist practitioners in seeking climate-related remedies. It establishes that State responsibility for climate harm is governed by customary international law and can trigger a full range of legal consequences, including cessation, non-repetition, and reparation (restitution, compensation, and satisfaction). The note clarifies that a plurality of contributors does not exempt individual States from responsibility and that scientific evidence allows for the determination of each State's total contribution to global emissions. It further outlines how these findings apply to human rights cases, corporate accountability litigation, and inter-State proceedings.
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Document type: Guide
Protecting Our Heritage: A Community Guide to Safeguarding Traditional Knowledge in Mozambique
The guidebook serves as a tool for Mozambican communities to safeguard traditional knowledge through legal mechanisms, including Geographic Indicators registration via the Institute for Industrial Property and Access and Benefit Sharing regulations via the National Directorate of the Environment. It also provides guidance on documenting traditional knowledge and developing Community Protocols, while noting that legal frameworks are currently evolving as of February 2025.
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Document type: Guide
OCEAN JUSTICE
The document provides a comprehensive guide for South African small-scale fishing communities to navigate environmental laws and participate in decision-making processes. It details the legal framework—including the Constitution and the National Environmental Management Act (NEMA)—and explains the risks associated with oil and gas exploration, mining, powerships, and hydrogen plants. The guide outlines how to engage in Environmental Impact Assessments (EIAs), appeal authorisations, and use the Promotion of Access to Information Act (PAIA) to hold developers and the government accountable.
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Document type: Guide
UBULUNGISWA BEZOLWANDLE
The document is a comprehensive guide for small-scale fishing communities in South Africa to exercise their environmental rights. It details the legal framework—including the Constitution and the National Environmental Management Act (NEMA)—and explains how communities can engage in Environmental Impact Assessments (EIAs) and legislative processes. It specifically warns against the risks of offshore oil and gas exploration, mining, and the impacts of climate change, using case studies like the Deepwater Horizon spill and the 2022 Durban floods to illustrate environmental and socio-economic vulnerabilities. The guide provides practical steps for accessing information via the Promotion of Access to Information Act (PAIA) and highlights successful legal challenges against companies like Shell and Searcher to demonstrate the power of collective community action.
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Document type: Guide
OSEAANGEREGTIGHEID
The document provides a comprehensive framework for small-scale fishing communities in South Africa to exercise their environmental rights against industrial developments. It details the legal landscape, including the Constitution and the National Environmental Management Act (NEMA), and explains the processes for Environmental Impact Assessments (EIAs) and public participation. The guide highlights the risks associated with oil and gas exploration, mining, and power ships, while emphasizing the impacts of climate change on coastal livelihoods. It concludes with practical steps for legal challenges and accessing information via PAIA requests, illustrated by case studies involving Shell and Searcher.
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Document type: Guide
UBULUNGISA KWEZOLWANDLE
The document provides a comprehensive guide for small-scale fishers in South Africa to exercise their environmental rights. It details the legal protections offered by the Constitution and acts like NEMA and MPRDA, explains the risks associated with oil and gas exploration, mining, and energy projects, and provides practical steps for engaging in Environmental Impact Assessments (EIAs) and legislative processes to ensure community voices are heard in ocean governance.
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Document type: Guide
A Community Guide to Safeguarding Traditional Knowledge in Mozambique
The document serves as a practical toolkit for Mozambican communities to safeguard traditional knowledge through legal mechanisms like Geographic Indicators (GIs) and Access and Benefit Sharing (ABS) regulations. It details the process of forming producer associations for GI registration, negotiating Prior Informed Consent (PIC) for research, and developing Community Protocols to govern interactions with outsiders. The guide emphasizes the role of knowledge holders in maintaining secrecy and the importance of tiered cost-sharing models to make legal protections accessible to vulnerable community members.
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Document type: Guide
Protecção do Conhecimento Tradicional: Princípios, Práticas e Referências Essenciais
The document outlines the importance of protecting traditional knowledge in Mozambique, highlighting risks such as biopiracy and commercial exploitation. It defines the role of academia in ensuring ethical research through informed consent and benefit-sharing, and recommends three key frameworks: the SADC Research Ethics Guidelines, the International Society of Ethnobiology (ISE) Code of Ethics, and the research ethics regulations of Eduardo Mondlane University.
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Document type: Guide
Understanding Strategic Projects Under the CRMA: A Guide to Rights and Processes
The document provides a detailed analysis of the Critical Raw Materials Act (CRMA), which aims to secure the EU's supply of 17 strategic raw materials by 2030. It highlights the risks of fast-tracked permitting for 'Strategic Projects', the potential for 'greenwashing' through private certification schemes, and the challenges facing Indigenous Peoples and local communities in exercising their rights to participation and consent. The guide also examines the interaction between the CRMA and existing EU environmental directives, such as the Habitats and Birds Directives, and outlines the limited access to justice available to stakeholders.
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Document type: Guide
L’accord de facilitation des investissements pour le développement : Guide du lecteur
The document details the Investment Facilitation for Development (IFD) Agreement, a plurilateral initiative within the WTO aimed at increasing foreign direct investment (FDI) flows, particularly to developing countries and Least Developed Countries (LDCs). It outlines key obligations regarding transparency, administrative simplification, and international cooperation, while establishing a 'firewall' to prevent the agreement from being used in investor-state dispute settlement (ISDS) claims. The guide also describes a tiered system of Special and Differential Treatment (S&DT) for developing nations and the inclusion of non-binding provisions on sustainable investment and corporate responsible conduct.
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Document type: Guide
Overcoming International Investment Agreements as a Barrier to Climate Action
The document argues that international investment agreements (IIAs) and the ISDS mechanism act as legal barriers to climate action by allowing fossil fuel companies to sue governments for compensation when regulations impact their returns. It outlines a three-part framework for States: removing risk through treaty termination, carveouts, or removal of ISDS clauses; reducing risk via the adoption of 'right to regulate' provisions, interpretative statements, and the careful design of climate measures; and responding to active claims using jurisdictional challenges, the 'necessity defense', and arguments against the 'legitimate expectations' of investors. The toolkit emphasizes that the urgent need to limit warming to 1.5°C may justify the termination of treaties like the Energy Charter Treaty (ECT) based on a fundamental change of circumstances.
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Document type: Guide
State aid control in the EU
The document explains the EU's State aid control system, which generally prohibits government financial support to companies to protect the internal market unless the European Commission approves it. It details the 'State aid rulebook', including block exemptions and guidelines, and highlights the lack of systematic climate and environmental mainstreaming in these rules. The guide also outlines the procedural challenges for CSOs, who are typically treated as 'third parties' without formal standing to lodge complaints or challenge decisions in EU courts, and provides strategies for CSOs to influence State aid design and transparency.
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Document type: Guide
Temiz Hava Hukuku El Kitabı
The guide examines the legal frameworks for air quality in Turkey and the EU, analyzing the intersection of environmental law and human rights. It details the obligations of states to maintain air quality limit values, the requirements for air quality plans, and the regulation of industrial emissions. The document highlights the role of the European Court of Human Rights (ECtHR) and the Turkish Constitutional Court in protecting the right to a healthy environment and discusses the process of aligning Turkish legislation with the EU Industrial Emissions Directive (IED).
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Document type: Guide
GUIDE JURIDIQUE POUR LES DÉFENSEURS ET DÉFENSEUSES DE L’ENVIRONNEMENT EN RÉPUBLIQUE DÉMOCRATIQUE DU CONGO
The document provides a comprehensive legal framework for environmental and land rights defenders in the Democratic Republic of Congo (DRC), detailing the risks they face from extractive industries, agribusiness, and conservation efforts. It outlines fundamental rights guaranteed by the DRC Constitution and international treaties, and lists specific judicial and non-judicial mechanisms for seeking justice, including the role of civil society and international bodies like the UN and the African Commission on Human and Peoples' Rights.
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Document type: Guide
LEGAL TOOLS FOR RESPONSIBLE INVESTMENT IN AGRICULTURE
The document explains that while MOUs are often viewed as non-binding 'soft' agreements, they can unintentionally create binding legal obligations or 'legitimate expectations' enforceable under international investment treaties. It provides specific drafting strategies to avoid these risks, such as using explicit non-binding statements and avoiding overly broad commitments regarding land tenure, permits, and tax incentives. Additionally, it demonstrates how governments can use MOUs as a positive tool to establish a roadmap for pre-contractual due diligence, including the screening of investors' experience and financial capacity, and the requirement for feasibility studies and environmental and social impact assessments.
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Document type: Guide
Les mémorandums d’entente
The document explains how host governments can use MOUs as non-binding preliminary frameworks for agricultural investments while avoiding unintended legal obligations. It details strategies to prevent the creation of 'legitimate expectations' under international investment treaties and suggests using MOUs to structure due diligence for investor and project selection.
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Document type: Guide
UGUQUKO LWAMANDLA OLUNOBULUNGISWA ENINGIZIMU AFRIKA
The document serves as a community guide to South Africa's energy transition, explaining the shift from fossil fuels to renewable energy through the lens of environmental justice. It details the current energy mix—dominated by coal—and the legal frameworks, such as the Constitution and NEMA, that protect community rights to information and a healthy environment. The guide provides practical steps for accessing government information via PAIA, ensuring Free, Prior and Informed Consent (FPIC), and participating in Environmental Impact Assessments (EIAs). It also highlights the potential for community-led renewable energy projects, using a case study from Kenya to illustrate successful local energy ownership.
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Document type: Guide
JUST ENERGY TRANSITION IN SOUTH AFRICA
The document serves as a legal resource for South African communities to navigate the transition from fossil-fuel-based energy to renewable sources. It defines the Just Energy Transition (JET) and environmental justice, analyzes South Africa's current energy mix—which is 80% coal-dependent—and outlines the legal frameworks, such as the Constitution and the National Environmental Management Act, that support community participation. The guide provides practical steps for accessing information via PAIA requests, securing Free, Prior and Informed Consent (FPIC), and engaging in Environmental Impact Assessments (EIAs). It also highlights the potential for community-based renewable energy initiatives and the importance of Community Development Agreements to ensure local benefits.
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Document type: Guide