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La relevancia del Instrumento Internacional Jurídicamente Vinculante de las Naciones Unidas para regular las actividades de las empresas transnacionales y otras empresas como palanca estructural para la justicia ambiental
This briefing paper argues for the adoption of a United Nations legally binding instrument (LBI) to regulate transnational corporations as a structural lever for environmental justice. It highlights the failure of voluntary frameworks to ensure corporate accountability for ecological destruction and human rights abuses, proposing that a binding treaty would operationalize the right to a clean, healthy, and sustainable environment through mandatory due diligence, extraterritorial jurisdiction, and effective remediation.
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Document type: Briefing
Trade-Related Considerations in the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment
This briefing note by the Forum on Trade, Environment, & the SDGs (TESS) examines trade-related considerations within the Intergovernmental Negotiating Committee (INC) process to develop a legally binding international instrument on plastic pollution. It analyzes how proposed treaty obligations—such as restrictions on certain plastics and waste trade controls—intersect with international trade law, the risk of protectionism, and the implementation capacities of developing nations.
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Document type: Briefing
How Reforming the European Union’s Public Procurement Directive Can Help Drive a Green Transition
This policy brief by the International Institute for Sustainable Development (IISD) argues that the European Union's 2014 Public Procurement Directives have failed to mainstream green public procurement (GPP) due to their voluntary nature, legal fragmentation, and lack of certainty. With the European Commission evaluating the Directives in late 2024, the authors advocate for a shift toward mandatory GPP, better monitoring systems, and the alignment of 'buy European' initiatives with environmental requirements to drive the EU's green transition and enhance global competitiveness.
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Document type: Policy brief
Govern Geoengineering
This report by the Center for International Environmental Law argues that a restrictive international governance framework for geoengineering already exists across environmental agreements and human rights law, but is being undermined by a proliferation of outdoor experiments and commercial carbon markets.
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Document type: Report
¿Por Qué Es Necesaria la Reforma de los Tratados de Inversión y la Solución de Controversias entre Inversionista y Estado?
This report by the International Institute for Sustainable Development (IISD) examines the necessity of reforming investment treaties and the Investor-State Dispute Settlement (ISDS) system. It argues that traditional treaties, which prioritize investor protection, often conflict with sustainable development goals, create significant financial burdens for states, and discourage necessary public interest regulations, particularly regarding the energy transition.
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Document type: Report
Unnatural Disasters: The Connection Between Extreme Weather and Fossil Fuels
This briefing by Zero Carbon Analytics examines the causal link between fossil fuel emissions and the increasing frequency and intensity of extreme weather events. It details the role of 'Carbon Majors' in global emissions, the financial disparity between industry profits and climate damages, and the growing use of litigation to hold these companies accountable. The document argues that a managed phase-out of fossil fuels, through both supply and demand reductions, is essential to limit global warming to 1.5 degrees Celsius.
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Document type: Briefing
El Impacto del Impuesto Mínimo Global y el Futuro del Uso de los Incentivos Fiscales en las Zonas Económicas Especiales
This policy brief examines how the Global Minimum Tax (GMT) and other international tax reforms impact the design and effectiveness of tax incentives within Special Economic Zones (SEZs), particularly in developing countries. It argues that excessive reliance on tax holidays and exemptions is often ineffective for long-term competitiveness and may now lead to revenue loss as the GMT allows other jurisdictions to collect top-up taxes. The document recommends transitioning toward cost-based incentives, improving non-fiscal investment environments, and coordinating national policy to mitigate legal risks associated with investor-state dispute settlements.
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Document type: Policy brief
Forest Restoration in Brazil: Essential Factors for Promoting Restoration at Scale
This report by Climate Policy Initiative/Pontifical Catholic University of Rio de Janeiro (CPI/PUC-Rio) analyzes the regulatory, legal, and economic frameworks for forest restoration in Brazil. It argues that current policies are designed for property-scale rather than landscape-scale restoration and identifies three essential factors—regulatory flexibility for restoration typologies, integration of public and private land tenure, and the synergy between mandatory and voluntary restoration—necessary to enable large-scale initiatives, particularly those driven by the carbon market.
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Document type: Report
Mozambique’s land law 2024
This fact sheet by Natural Justice outlines the proposed changes to Mozambique's land laws, specifically focusing on 'Draft 1' of the proposed Land Law. It warns that the new law would privatise land, remove access to 'unavailable land', and fail to protect local communities from forced displacement or provide legal guarantees for their role in land decision-making.
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Document type: Fact sheet
Processo de revisão da Lei de Terras 2024
This fact sheet by Natural Justice describes the 2024 land law review process in Mozambique, criticizing the inadequacy of public consultations and the risks posed by the 'Draft 1' proposal, which threatens community land rights and allows for forced displacements.
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Document type: Fact sheet
Oportunidades e desafios para a reposição florestal na Amazônia e no Cerrado
This report by the Climate Policy Initiative (CPI/PUC-Rio) analyzes forest replenishment (reposição florestal) legislation in the Brazilian Amazon and Cerrado biomes. It argues that current implementation is outdated, focusing on biomass supply for markets rather than ecological compensation for biodiversity loss, and highlights significant failures in the management of replenishment funds and recent legislative setbacks in Goiás.
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Document type: Report
Replanteamiento de las leyes nacionales de inversión
This executive summary by the International Institute for Sustainable Development (IISD) analyzes the evolution and current state of national investment laws. It argues that these laws are versatile policy instruments that have shifted from supporting national development goals in the 1950s-70s to aligning with international investment treaties between 1980 and 2010. The document provides a framework for policymakers to redesign these laws to better serve sustainable development and avoid the legal risks associated with treaty-style protections.
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Document type: Executive summary
Repenser les lois nationales sur l’investissement
This executive summary describes a report by the International Institute for Sustainable Development (IISD) that analyzes the evolution and current functions of national investment laws. It provides a framework for policymakers to reform these laws, emphasizing that there is no one-size-fits-all model and that laws should be designed based on specific national objectives and desired functions, such as promoting sustainable development.
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Document type: Executive summary
Non-Party Trade Provisions in Multilateral Environmental Agreements
This briefing by the Center for International Environmental Law (CIEL) examines the role of non-party trade provisions in Multilateral Environmental Agreements (MEAs) to provide guidance for the development of a future international treaty to end plastic pollution. It argues that trade restrictions on non-parties are essential to incentivize ratification, prevent 'free-riding', and ensure the overall effectiveness of environmental treaties.
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Document type: Briefing
ONDE ESTAMOS NA IMPLEMENTAÇÃO DO CÓDIGO FLORESTAL?
This 2023 report by the Climate Policy Initiative (CPI/PUC-Rio) provides a comprehensive analysis of the implementation of the Brazilian Forest Code (Law No. 12.651/2012) across Brazilian states. It focuses on the Rural Environmental Registry (CAR) and the Environmental Regularization Program (PRA), detailing the progress in registration, data analysis, and the formalization of environmental recovery commitments. The document highlights a significant acceleration in 2023, with several states adopting automated analysis tools and expanding the number of signed commitment terms, while identifying persistent bottlenecks in communication with landowners and the lack of technical staff in certain regions.
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Document type: Report
How to Enforce the Polluter-Pays Principle
This policy brief examines the polluter-pays principle (PPP), which requires pollution producers to bear the costs of managing and preventing environmental and human health damage. While established in European Union and OECD frameworks, the PPP faces challenges in universal international application due to ambiguities in defining 'the polluter' and differing national legal systems. The document explores the PPP's intersection with international climate change law, the principle of common but differentiated responsibilities (CBDR), and efforts by global financial institutions to implement carbon pricing.
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Document type: Policy brief
The Role of Brazil's Federal Court of Accounts in Managing Social and Environmental Risks for Federal Railway and Highway Concessions
This report analyzes the role of Brazil's Federal Court of Accounts (TCU) in the prior oversight of federal railway and highway concessions under the Investment Partnership Program (PPI). It examines how the TCU manages socio-environmental risks and the impact of its timing in the project life cycle, specifically regarding the approval of Technical, Economical and Environmental Feasibility Studies (EVTEA).
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Document type: Report
O Papel do Tribunal de Contas da União para a Gestão de Riscos Socioambientais das Concessões Federais de Ferrovias e Rodovias
This report by the Climate Policy Initiative (CPI/PUC-Rio) analyzes the role of the Brazilian Federal Court of Accounts (TCU) in the prior control of socio-environmental risks for federal railway and highway concessions. It argues that the TCU has become the primary, albeit late, instance for approving Technical, Economic, and Environmental Viability Studies (EVTEA), often filling a governance gap left by the Executive branch. The document examines specific cases to illustrate how the TCU manages environmental liabilities and the risks associated with the 'Manifestation of Interest' (PMI) procurement model.
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Document type: Report
Enabling Climate Ambition: Border carbon adjustment in Canada and abroad
This report by the International Institute for Sustainable Development (IISD) and Clean Prosperity examines the design and implementation of a border carbon adjustment (BCA) for Canada. It analyzes how a BCA could prevent carbon leakage—where emissions-intensive and trade-exposed (EITE) industries relocate or are undercut by foreign competitors—while maintaining WTO compliance. The document explores various design scenarios, identifies the most vulnerable Canadian sectors, and evaluates the potential impact of similar regimes being developed in the United States and the European Union.
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Document type: Report
COMO A NOVA LEI DE LICITAÇÕES ABRE OPORTUNIDADES PARA MELHOR PREVENIR OS IMPACTOS SOCIOAMBIENTAIS DE PROJETOS DE INFRAESTRUTURA?
This briefing by the Climate Policy Initiative (CPI/PUC-Rio) analyzes how Brazil's New Bidding Law (Lei nº 14.133/2021) can be used to better prevent socio-environmental impacts in infrastructure projects. The authors argue that the law's detailed requirements for preliminary technical studies provide an opportunity to introduce a 'pre-feasibility analysis' phase, which would identify risks earlier in the project lifecycle and improve the quality of subsequent environmental studies and licensing processes.
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Document type: Briefing