Search Climate Insights Directory

The report identifies a crisis in South Africa's public procurement system characterized by high corruption, political interference, and operational inefficiency. It proposes seven key reforms, including the creation of a single regulatory authority, the adoption of a principles-based strategic procurement approach, and the introduction of 'qui tam' legal provisions to incentivize private enforcement of procurement laws.

The report finds that progress toward ending overfishing by 2020 has been too slow, with a majority of agreed TACs for 2019 still exceeding scientific advice. It highlights a systemic lack of ambition for stocks subject to precautionary advice and those classified as bycatch, while identifying specific Member States—including France, Ireland, and Spain—as frequent advocates for unsustainable catch limits. The document also criticizes the lack of transparency in the TAC-setting process and the potential for misleading reporting by the European Commission.

The document outlines the legal frameworks and specific entry points within the UNFCCC and Paris Agreement processes where public participation and access to information can be strengthened. It highlights the Aarhus Convention and Escazú Agreement as regional models for environmental democracy and warns that the lack of procedural rights in the Clean Development Mechanism led to harmful projects. The briefing recommends that the new Sustainable Development Mechanism (SDM) under Article 6.4 include robust stakeholder consultation and an independent grievance redress mechanism. It further suggests that the review of the Doha Work Programme and the updating of Nationally Determined Contributions (NDCs) by 2020 be used to enhance the participation of local communities, indigenous peoples, and women.

The document outlines Poland's implementation of the EU Timber Regulation (EUTR) through the Forestry Law (Ustawa o lasach), detailing the role of regional inspectors for environmental protection as the Competent Authority. It specifies administrative fines for illegal timber placement and due diligence failures, ranging from 5,000 PLN to 500,000 PLN, and notes that criminal sanctions for illegal logging can include up to 5 years imprisonment. Enforcement data shows 100 checks in 2016, 115 in 2017, and 80 between January and September 2018. The brief highlights strengths in customs cooperation and weaknesses regarding the requirement to prove intent in criminal cases and the mandatory withdrawal of sanctions if violations were unpreventable.

The report examines the increasing engagement of UN human rights treaty bodies (HRTBs) with climate change, specifically analyzing their 2018 Concluding Observations (COBs), general comments, and thematic initiatives. It highlights a shift toward addressing a broader diversity of countries, including developed nations, and identifies a continuing emphasis on adaptation and procedural rights over mitigation. The document provides detailed syntheses of recommendations from the Committee on the Elimination of Discrimination against Women (CEDAW), the Committee on Economic, Social and Cultural Rights (CESCR), and the Committee on the Rights of the Child (CRC), emphasizing the disproportionate impacts of climate change on women, children, and persons with disabilities.

The document analyzes how the CEDAW monitors the Convention on the Elimination of Discrimination Against Women (ICEDAW) to address climate change. It highlights that in 2018, the Committee made climate-related recommendations to 75% of reviewed states, focusing heavily on adaptation (44%) and procedural rights (37%), while mitigation received significantly less attention (7%). The briefing details specific state obligations across four areas: mitigation, adaptation, procedural rights, and international cooperation, emphasizing the role of General Recommendation 37 (GR37) in framing disaster risk reduction with a gender perspective.

The document details allegations that Monsanto engaged in ghostwriting scientific papers and coordinating with regulatory bodies to counter the International Agency for Research on Cancer's (IARC) 2015 designation of glyphosate as 'probably carcinogenic to humans'. It highlights specific instances where Canada's Pest Management Regulatory Agency (PMRA) relied on studies that were allegedly edited or co-written by Monsanto scientists without proper credit. Consequently, several environmental and health organizations have requested an independent review of the PMRA's 2017 decision to authorize the continued use of glyphosate in Canada.

The document examines the shift in international investment governance as countries move toward 'new-generation' model investment treaties. It highlights how states are revising their models to correct problematic language, integrate sustainable development goals, and limit the use of investor-state dispute settlement (ISDS). The text details specific national approaches from Canada, the Netherlands, India, Nigeria, and Brazil, while noting a general trend toward more transparent, consultative processes in drafting these agreements.

The report evaluates the South African legal framework for wild animal welfare, highlighting a critical divide between biodiversity conservation (managed by the Department of Environmental Affairs) and animal welfare (managed by the Department of Agriculture, Forestry and Fisheries). It finds that the primary welfare statute, the Animals Protection Act of 1962, is outdated and contains loopholes—specifically the use of the term "unnecessary"—that dilute protection. The report identifies significant failures in the permitting system, noting that provincial authorities often ignore national TOPS regulations and omit welfare conditions from permits. It concludes with recommendations for a standardized national electronic permit database, increased enforcement capacity, and the integration of welfare mandates across environmental and agricultural departments.

The document examines the global landscape of data flow restrictions, specifically comparing the regimes of BRICS nations. It argues that data localisation—requiring data to be stored or processed within a specific jurisdiction—imposes significant costs on productivity, innovation, and GDP. For South Africa, the author recommends maintaining its current conditional flow regime while pursuing further liberalisation at a regional level to become a data processing hub, rather than adopting the strict localisation policies seen in China and Russia.

The document outlines Bulgaria's EUTR framework, noting that while the Executive Forests Agency serves as the Competent Authority, enforcement is hindered by underfunding, low administrative fines, and high corruption. It details the legal mechanisms for reporting illegal logging and the challenges NGOs face in challenging administrative inaction.

The report argues that South Africa's legal regime for wild animal welfare is outdated and provides little protection, as it relies on a distinction between animal welfare and biodiversity conservation. It highlights a lack of consistency across national and provincial jurisdictions and calls for urgent reforms to the permit system, increased monitoring capacity, and the creation of an integrated national permit database to prevent the exploitation of provincial loopholes.

The briefing by Climate Policy Initiative (CPI) and NAPC/PUC-Rio challenges an Imaflora study's estimate that the new Forest Code 'amnesticized' 41 million hectares of Legal Reserve and Permanent Preservation Areas (APP). CPI argues that because certain provisions in Articles 13 and 15 of the new code repeated rules from the previous 1965 Forest Code, the actual amnesty is likely no more than 29 million hectares, with small producers (properties under 4 fiscal modules) being the primary beneficiaries via Article 67.

The document examines Namibia's efforts to implement the Nagoya Protocol through a draft ABS Bill and its potential impact on the existing biotrade sector. It highlights the risk of regulatory burdens and conceptual ambiguity between 'genetic resources' and 'biological resources', while suggesting that a well-integrated framework could protect traditional knowledge and empower indigenous and local communities (ILCs).

The Center for International Environmental Law expresses concerns regarding a proposed $200 million IDB loan to Guatemala for border integration with Mexico. The briefing argues that the Guatemala Ministry of Defense, the designated executing agency, lacks the legal mandate for fiscal and economic controls and has a history of corruption, lack of transparency, and links to organized crime. Furthermore, the document warns that the project's focus on migrant control may violate international laws regarding refugee rights and the principle of non-refoulement, and fails to address obligations to indigenous communities under ILO Convention 169.

The document outlines France's EUTR enforcement, noting that the Ministère de l’Agriculture, de l’Agroalimentaire et de la Forêt (MAAF) and the Ministère de l'Environnement, de l'Énergie et de la Mer (MEEM) serve as competent authorities. It details a penalty system including fines up to €100,000 and detention for individuals, with higher penalties for companies and organized gangs. While it highlights strengths such as the ability for 'approved' NGOs to file criminal complaints, it identifies weaknesses including a low number of checks by the MEEM and a lack of sanctions for traceability obligation failures.

The document outlines Finland's legal framework for the EU Timber Regulation, identifying the Agency for Rural Affairs (Mavi) as the Competent Authority. It details the penalty regime, which distinguishes between intentional breaches (criminal sanctions) and unintentional breaches (administrative sanctions), and notes that between March 2015 and November 2016, the CA conducted 32 checks on imported timber and 19 on domestic timber. The briefing highlights a lack of formal procedures for NGOs to challenge the CA's inaction regarding substantiated concerns, though criminal complaints can be filed directly with police.

The document outlines Romania's legal framework for the EUTR, including the roles of the Ministry of Environment and Forests and the National Environmental Guard, the administrative penalty regime for operators and traders, and the challenges faced by NGOs in challenging authority inaction or operator legality.

The report finds that East Africa is the largest regional crowdfunding market in Africa, though it is dominated by non-financial return models (donation and reward) and lacks bespoke regulation. While loan and equity-based models dominate globally, they are in embryonic stages in East Africa. The authors recommend against immediate bespoke regulation to avoid stifling growth, instead proposing a phased approach involving sector mapping, the creation of a regulatory sandbox ('RegLab'), and government-backed co-investment and currency hedge funds.

The report examines arms brokering practices and national legislation in 12 Southern African countries, including Angola, Botswana, DRC, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, and Zimbabwe. It finds that most of these states lack specific domestic laws to regulate brokers, leaving them vulnerable to illicit trafficking and sanctions-busting. While South Africa and Mauritius have established comprehensive brokering controls, others rely on outdated laws or general criminal codes. The document emphasizes the role of regional frameworks like the SADC Protocol and international treaties such as the Arms Trade Treaty (ATT) and the UN Programme of Action (UNPoA) in closing legislative loopholes and improving cross-border cooperation.