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Enforcing the rights of energy communities
The document outlines legal and administrative pathways for Renewable Energy Communities (RECs) and Citizen Energy Communities (CECs) to challenge Member State failures in implementing EU directives. It details EU-level options, such as infringement complaints to the European Commission and petitions to the European Parliament, alongside national remedies including ombudspersons, regulatory authority complaints, and court actions based on principles like direct effect and state liability. The guide also provides a preliminary analysis of which specific provisions of RED II and IEMD may have direct effect and examines transposition challenges in Hungary, France, and Belgium.
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Document type: Guide
Access to Justice in European Union Law
The document analyzes the legal mechanisms for accessing justice in environmental matters within the EU, focusing on the Aarhus Convention and EU directives. It details the rights to access environmental information, public participation in decision-making, and the ability to challenge acts or omissions that affect the environment. The guide examines standing requirements for individuals and NGOs, the scope and standard of judicial review, and the necessity of effective remedies, including injunctive relief. It also addresses the specific challenges of challenging decisions made by EU institutions.
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Document type: Guide
Prístup k spravodlivosti vo veciach životného prostredia v Slovenskej republike
The document serves as a guide for the public, NGOs, and legal professionals on how to exercise the right to environmental justice in Slovakia. It details the three pillars of environmental democracy—access to information, public participation in decision-making, and access to justice—explaining how these are implemented through the Aarhus Convention and EU directives. The manual specifically outlines Slovak national laws, such as the Administrative Court Procedure Act, and provides practical instructions on filing lawsuits, appealing decisions, and utilizing international remedies like complaints to the European Commission.
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Document type: Guide
Juurdepääs õigusemõistmisele Eestis Juhendmaterjal
The document outlines the legal mechanisms available to the public and environmental NGOs in Estonia to challenge environmental decisions, access information, and participate in decision-making. It details the 'three pillars' of the Aarhus Convention—access to information, public participation, and access to justice—and explains how these are implemented through EU directives and Estonian laws. The guide describes specific court procedures in Estonia, the role of the European Court of Justice, the Aarhus Convention Compliance Committee, and the European Court of Human Rights, while highlighting challenges such as court costs and the strict 'personal interest' requirements for standing.
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Document type: Guide
Zugang zu Gerichten in Umweltangelegenheiten in Deutschland - Toolkit
The document serves as a guide for citizens, NGOs, and legal professionals to navigate the complex system of environmental litigation in Germany. It details the three pillars of the Aarhus Convention—access to information, public participation, and access to justice—and explains how these are implemented through EU directives and German national law. The toolkit outlines specific procedures for challenging government inaction or illegal acts, the standing of recognized environmental associations, and the roles of international bodies like the European Court of Justice (ECJ), the Aarhus Convention Compliance Committee (ACCC), and the European Court of Human Rights (ECHR).
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Document type: Guide
Legal tools for environmental advocacy: litigation, complaints and access to documents
The document outlines the legal framework for accessing environmental information in the EU, including the Aarhus Convention and specific EU regulations. It details the process for submitting requests, the grounds upon which authorities may legally withhold information, and the various avenues for challenging refusals, such as confirmatory applications, complaints to the EU Ombudsman, and judicial appeals to the EU General Court. Additionally, it provides guidance on filing formal complaints with the European Commission regarding Member State failures to implement EU environmental law and discusses the limitations of direct access to EU courts for NGOs.
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Document type: Guide
El Acceso a la Justicia en España
The document outlines the legal pathways for citizens and NGOs in Spain to access justice regarding environmental information, public participation, and the enforcement of environmental laws. It details the application of the Aarhus Convention and EU Directives within the Spanish legal system, highlighting the role of the 'acción popular' for non-profit organizations. A significant portion of the text focuses on the right to free legal aid (AJG) for environmental NGOs, noting a recent Spanish Supreme Court ruling that removes the requirement to prove financial insufficiency. It also describes international recourse options via the Court of Justice of the European Union (CJEU), the Aarhus Convention Compliance Committee, and the European Court of Human Rights (ECHR).
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Document type: Guide
Dostęp do wymiaru sprawiedliwości w Polsce
The document serves as an information guide for citizens, lawyers, and NGOs on how to challenge environmental decisions and actions in Poland. It details the three pillars of the Aarhus Convention—access to information, public participation, and access to justice—and explains how these are implemented through Polish law and EU directives. It outlines specific procedures for appealing decisions on environmental information, challenging permits requiring public participation, and seeking liability for environmental damage through administrative, civil, and criminal courts. Additionally, it describes external legal avenues, including the Court of Justice of the European Union (CJEU), the Aarhus Convention Compliance Committee, and the European Court of Human Rights.
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Document type: Guide
Accès à la Justice en France
The document outlines the legal mechanisms available to the public and NGOs to ensure environmental law enforcement in France. It details the three pillars of the Aarhus Convention—access to information, public participation, and access to justice—and explains how these are transposed into EU directives (EIA, IED, ELD). The guide provides practical instructions on French national procedures, such as appeals to the CADA and administrative courts, while highlighting systemic barriers like prohibitive costs and long judicial delays. It also covers supra-national recourse options via the CJEU, the Aarhus Convention Compliance Committee, and the European Court of Human Rights.
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Document type: Guide
THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL
The Khoikhoi Peoples’ Rooibos Biocultural Community Protocol is a guide developed by the National Khoisan Council (NKC) to protect the traditional knowledge (TK) of the Khoikhoi people regarding Rooibos. It documents the historical dispossession of the Khoikhoi under colonialism and apartheid, asserts their status as original knowledge holders, and outlines the legal and procedural frameworks for obtaining Free, Prior and Informed Consent (FPIC) for the use of their biocultural heritage. The document details a benefit-sharing model involving a trust and a traditional knowledge levy to provide restitution for past misappropriation.
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Document type: Guide
Social Agreement Negotiations Guide Liberia
The document serves as a comprehensive manual for Liberian communities to secure benefits from logging operations. It details the legal mandate for Social Agreements (SAs) under the National Forestry Reform Law, outlines the mandatory components of these agreements—such as a code of conduct and financial benefits—and provides a step-by-step process for negotiation. The guide includes a template for SAs and suggested standard clauses to protect traditional practices, water points, and crops, while establishing penalties for company non-compliance. It also incorporates key FDA regulations regarding public participation, land use planning, and benefit sharing.
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Document type: Guide
The Missing 60%: What can investors do to secure improved climate voting by asset managers?
The document addresses the 'Missing 60%'—the discrepancy where asset managers support climate disclosure resolutions at companies like BP and Shell but oppose similar resolutions at US companies like Exxon and Chevron. It argues that trustees can use contractual mandates, the UK Stewardship Code, and the UNPRI to secure greater transparency and control over how their shares are voted. Specific recommendations include adding clauses to mandates for advance disclosure of voting intentions, utilizing Statements of Investment Principles (SIP) for segregated accounts, and challenging managers on conflicts of interest related to their own pension business.
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Document type: Guide
THE CLEAN AIR HANDBOOK
The handbook explains the legal framework of the EU Air Quality Directive, emphasizing the enforceability of 'limit values' for pollutants like NO2 and PM10. It details how citizens and NGOs can use the Aarhus Convention's pillars—access to information, public participation, and access to justice—to challenge inadequate air quality plans and government inaction in national courts. The document also outlines the European Commission's infringement procedures and the 'Fresh Approach' to tackling systemic breaches of air quality standards across Member States.
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Document type: Guide
EU木材規制の注意義務: 適切なツール
The document outlines the risk-based due diligence framework of the EU Timber Regulation (EUTR), detailing the three-step process of information access, risk assessment, and risk mitigation. It emphasizes that while the legal framework is mandatory, the specific measures taken by operators can be flexible depending on the risk level, product complexity, and available information.
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Document type: Guide
《欧盟木材法规》尽职调查义务:一种恰当的手段
The document outlines the mandatory due diligence framework of the EUTR, which requires operators to collect information, assess the risk of illegal timber, and mitigate those risks. It argues that a risk-based approach is necessary because absolute certainty regarding timber legality is often unattainable due to information gaps and distance from harvesting sites. The guide emphasizes that while the legal framework is fixed, the specific measures an operator takes should be proportionate to the identified risk level, product complexity, and available information.
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Document type: Guide
S24G and Similar Listings
The document serves as a technical guide for navigating the transition between various iterations of South African environmental legislation, including the Environment Conservation Act (ECA) and the National Environmental Management Act (NEMA). It details how pending applications and unlawfully commenced activities (Section 24G) are treated when the listed activities they pertain to have changed, been repealed, or been re-worded in newer regulations such as GNR 982. The guide includes extensive cross-reference tables mapping old listed activities to their current equivalents in GNR 983, 984, and 985, while noting that some activities are now governed by the National Environmental Management: Waste Act (NEMWA).
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Document type: Guide
Le guide de l’IISD pour la négociation de contrats d’investissement pour les terres arables et l'eau
The IISD guide outlines a framework for negotiating agricultural investment contracts, emphasizing the primacy of national legislation over contracts and international treaties. It provides a comprehensive model contract covering land rights, financial obligations, social and environmental commitments, and dispute resolution, while advocating for transparency and community engagement to ensure sustainable rural development.
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Document type: Guide
The IISD Guide to Negotiating Investment Contracts for Farmland and Water
The IISD Guide to Negotiating Investment Contracts for Farmland and Water is a comprehensive tool designed for governments and communities to manage foreign investments in agricultural land. It emphasizes the primacy of domestic law over investment contracts and international treaties, while providing a model contract to fill gaps where domestic laws are weak. The guide outlines a preparatory phase involving investor screening, community engagement, and impact assessments, and proposes specific contractual provisions covering tenure, financial obligations, social development, and environmental protections. It strongly advocates for transparency, the avoidance of stabilization clauses, and the use of domestic courts for dispute resolution to protect the national interest and ensure long-term project viability.
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Document type: Guide
Transposition of EU directives into national laws
The document outlines the nature of EU directives under the Treaty on the Functioning of the European Union (TFEU), detailing the obligation of Member States to adopt national laws to achieve the results specified in directives. It describes three types of infringement procedures: non-communication, non-conformity, and bad application. It specifically highlights that since the Lisbon Treaty, the Commission can seek lump sum or penalty payments from the Court for non-communication cases.
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Document type: Guide
The African Nuclear-Weapon-Free Zone Treaty
The Treaty of Pelindaba establishes Africa as a nuclear-weapon-free zone, prohibiting the research, development, stationing, and testing of nuclear explosive devices. Entered into force on 15 July 2009, the treaty requires parties to renounce nuclear weapons, prohibit the dumping of radioactive waste, and maintain high security standards for nuclear facilities. Compliance is managed by the African Commission on Nuclear Energy (AFCONE), and verification of peaceful nuclear activities is conducted through comprehensive safeguards agreements with the International Atomic Energy Agency (IAEA). The treaty includes three protocols to ensure the cooperation of nuclear-weapon states and those controlling territories within the zone.
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Document type: Guide