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The Civil Society Working Group on State Capture (CSWG) evaluates the Zondo Commission's impact, praising its exhaustive evidence gathering but criticising its failure to quantify the social costs of corruption and its uneven focus on private sector actors. The report calls for urgent reforms in law enforcement, public procurement, and public administration to ensure accountability and prevent future state capture.

The JSR argues that the Public Procurement Bill (B18B-2023) relies on an ineffective 'administrative paradigm' rather than a 'strategic contracting paradigm'. The submission highlights significant constitutional risks, particularly regarding the removal of price as a required criterion for tenders and the conflation of preference categories. It calls for the independence of regulatory functions from the National Treasury, the introduction of incentivized whistleblowing, and the adoption of open contracting standards to combat corruption and ensure value for money.

The Center for International Environmental Law (CIEL) analyzes the Zero Draft of the plastics treaty, arguing for legally binding obligations ('shall' instead of 'should') and a full life cycle approach. CIEL identifies critical gaps in the draft, including the absence of human rights protections, a lack of clear tasks for the governing body, and the need for a production capacity freeze to prevent the lock-in of plastic production. The analysis advocates for global reduction targets for primary plastic polymers, the elimination of chemicals of concern, and the establishment of a global plastic pollution fee to fund implementation, particularly for developing countries, SIDS, and least developed countries.

The report evaluates the CCIA for the Tetra4 Cluster 2 gas field expansion, which includes up to 400 test wells and 300 production wells. The author argues that the CCIA fails to meet South African legal requirements for a full life-cycle emissions assessment, specifically citing the omission of Scope 3 emissions from the final impact determination and several errors in Scope 1 calculations. Key technical failures identified include the use of outdated global warming potential (GWP) values, unrealistic flaring efficiency assumptions, and the omission of methane emissions from well drilling and operational gas production. Additionally, the report finds that the CCIA provides an unsupported claim that the project's LNG will replace more GHG-emitting fuels, while failing to account for the transport of 40% of the produced LNG.

The report analyzes forest replacement policies in the Amazon and Cerrado, arguing that current regulations are outdated because they treat forests as biomass stocks for market supply rather than ecological systems. It highlights that while financial mechanisms like replacement fees exist, funds are rarely directed toward actual restoration. The document specifically criticizes a 2022 law in Goiás for creating exemptions that undermine environmental compensation for agribusiness.

The report examines national investment laws as versatile policy tools, tracing their evolution from 1950s development-focused laws to the 1980-2010 trend of aligning national legislation with international investment treaties. It identifies seven primary functions of contemporary investment laws: governing admission, managing incentives, facilitating investment, providing legal protection, managing disputes, specifying investor obligations, and supervising investments. The document argues against a 'one-size-fits-all' model, instead offering a framework for policymakers to align the functions and content of their laws with specific national objectives and sustainable development goals, while warning against the legal and financial risks of incorporating treaty-style protections and prior consent to international arbitration.

The report analyzes how UN Human Rights Treaty Bodies (HRTBs) are increasingly integrating climate change into their oversight of State obligations. In 2022, HRTBs made 95 references to climate change in their pronouncements, reflecting a trend toward treating the climate crisis as an urgent human rights issue. Key focus areas include the obligation of developed states to mitigate emissions, the need to phase out fossil fuels, and the protection of vulnerable groups such as children, women, persons with disabilities, and Indigenous Peoples. A landmark decision by the Human Rights Committee in Billy et al. v. Australia established a State's duty to protect individuals under its jurisdiction from climate impacts and provide effective remedies. The report emphasizes the growing role of HRTBs in defining extraterritorial obligations and the duty to regulate private corporate actors contributing to environmental degradation.

The document analyzes how non-party trade provisions in existing MEAs, such as the Montreal Protocol and CITES, incentivize treaty ratification and prevent 'free-riding' by restricting trade with non-signatory states. It argues that a future plastics treaty should include similar trade bans or restrictions on polymers, additives, and plastic products to ensure effectiveness and a level playing field, while suggesting that the treaty's Secretariat be granted oversight authority to close implementation loopholes.

The Gauteng High Court dismissed an application to review the granting and transfer of mining rights to Aquila Steel and Motjoli Iron Ore, ruling that the initial award under the previous regulatory regime was lawful and that the court lacked the technical expertise to override executive decisions on environmental impacts.

The document analyzes the complexities of African sovereign debt contracts, highlighting power imbalances in negotiations, the risks of non-disclosure clauses, and the dangers of collateralizing public assets. It argues for the development of Africa-specific model contracts and the inclusion of flexible clauses to handle crises, such as climate-resilient debt clauses, to protect the interests of African citizens and governments.

The document argues that Ghana's cocoa sector is plagued by high deforestation rates, poverty-driven child labour, and a lack of transparency in pricing and governance. It highlights that cocoa is the "single most important commodity driving deforestation in Ghana," with a loss rate of 3.2% per annum in the cocoa forest landscape. The briefing recommends clarifying forest conversion laws, reforming tree and land tenure to incentivise agroforestry, and establishing a mandatory national legality and traceability system to comply with emerging EU and UK due diligence regulations. It also calls for legislative reforms to the definition of child labour and greater transparency in the management of the Living Income Differential (LID) and the Producer Price Review Committee (PPRC).

The report finds that while there is a positive trend in aligning TACs with scientific advice, the 2020 deadline to end overfishing was missed. For 2022, 33% of analyzed TACs still exceeded scientific advice. Progress is significantly slower for stocks subject to precautionary advice compared to those with Maximum Sustainable Yield (MSY) assessments. The report also highlights a lack of transparency in the TAC-setting process and concerns over the implementation of the landing obligation.

The document outlines a proposed constitutional framework for Chile that integrates ecological principles with human rights. It highlights specific articles that establish the rights of nature, the right to a healthy environment, and the state's obligation to mitigate climate risks. Additionally, it details the proposed creation of a National Water Agency and a Nature Defender's office to ensure sustainable resource management and environmental justice.

Africa was instrumental in establishing the deep seabed mining regime under the UN Convention on the Law of the Sea but became apathetic following the 1994 Implementation Agreement. Currently, Africa is the only regional group that has not sponsored an entity to explore the international seabed area (the Area). While the African Union and the UN Economic Commission for Africa have integrated DSM into blue economy strategies and roadmaps, implementation has lagged. The report argues that investing in DSM is strategically appropriate for Africa as the global transition to a low-carbon economy may impact terrestrial mining. It recommends that African states consider sponsoring exploration contracts and that the AU adopt the Lomé Annexes and revise its Integrated Maritime Strategy to provide a clear legal and policy framework for DSM.

The document analyzes a draft WTO agreement designed to discipline fisheries subsidies that contribute to illegal, unreported, and unregulated (IUU) fishing, overfished stocks, and general overcapacity. It details the mechanisms for triggering subsidy prohibitions, the sustainability-related exemptions available to members, and the special and differential treatment (S&D) proposed for developing countries and least-developed countries (LDCs). Additionally, it examines the institutional framework for transparency, notifications, and the resolution of disputes, particularly in contested maritime jurisdictions.

The polluter-pays principle (PPP) requires that the costs of pollution be borne by those responsible for causing it. While established in the EU and OECD, it is not a customary international norm due to varying state definitions and implementation complexities. In climate law, the PPP is relevant to loss and damage and carbon pricing, though it is not explicitly mentioned in the UNFCCC, Kyoto Protocol, or Paris Agreement. The document suggests that combining the PPP with the principle of common but differentiated responsibilities (CBDR) could ensure that Global North entities absorb the costs of environmental harms caused in the Global South.

The Human Rights Committee (CCPR) has increased its focus on climate change, issuing more recommendations and questions to states between 2019 and 2021. While early outputs primarily targeted Small Island Developing States and developing countries, the Committee has expanded its scope to include developed nations like Germany and Canada. Key areas of inquiry include mitigation, adaptation, procedural rights, and the regulation of private actors, with specific concerns raised regarding fossil fuel extraction in Guyana, Tanzania, and São Tomé and Príncipe. In the case of Teitiota v. New Zealand, the CCPR recognized that climate change could trigger non-refoulment obligations if it creates real threats to the right to life, though it found no breach in that specific instance. Additionally, the Pereira Benega v. Paraguay ruling established a precedent for state obligations to prevent environmental threats to private, family, and cultural life.

The report finds that while 2021 TACs show slight improvement over 2020, the EU and UK missed the 2020 deadline to end overfishing. Over 40% of analyzed TACs for 2021 still exceeded scientific advice. The analysis reveals a persistent lack of ambition for stocks based on precautionary advice compared to MSY-based advice, and for bycatch stocks compared to target stocks. It also highlights systemic failures in transparency and the improper implementation of the landing obligation, which risks further overfishing.

The report examines the implementation of a border carbon adjustment (BCA) in Canada to mitigate 'leakage'—where emissions-intensive and trade-exposed (EITE) sectors relocate or are undercut by foreign competitors with lower carbon costs. It proposes two primary design paths: a regulation-based BCA extending the existing output-based pricing system (OBPS) or a tax-based BCA accompanying a full carbon tax. The authors identify 11 high-risk product categories, including bitumen and synthetic crude oil, which represent 34% of Canada's GHG emissions. The report analyzes the EU's Carbon Border Adjustment Mechanism (CBAM) and the U.S. approach, noting that while the U.S. lacks a national carbon price, it may use low-carbon standards or Section 232 tariffs. Key recommendations include coordinating with the EU and U.S. to harmonize benchmarks and ensuring the system is 'future-proofed' to accommodate a transition from the OBPS to full carbon pricing.

The document outlines the evolution of modern biotechnology and the subsequent development of the Cartagena Protocol on Biosafety to protect human health and biodiversity from the adverse effects of living modified organisms (LMOs). It details the Protocol's operationalization of the precautionary approach, its mechanisms for transboundary movement—such as the advance informed agreement (AIA) procedure—and its relationship with trade agreements like the WTO SPS Agreement. The brief also discusses the 2010 Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress and highlights the ongoing challenges posed by emerging technologies like synthetic biology and gene drives.