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This briefing by the Center for International Environmental Law analyzes the Protocol to the Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (LRTAP POPs Protocol) and evaluates its suitability as a model for global negotiations on persistent organic pollutants (POPs). The author argues that while the Protocol is a positive regional step, it is inadequate as a global model because it focuses on risk management and air transmission rather than total elimination and pollution prevention, and it lacks provisions for developing countries.

This research paper by the Center for International Environmental Law examines mechanisms for public participation and transparency in international fisheries management, specifically focusing on Regional Fisheries Management Organizations (RFMOs). Using the 'three pillars' of the Rio Declaration and Agenda 21—access to information, access to decision-making, and access to justice—the author analyzes how modern multilateral environmental agreements (MEAs) can serve as models for RFMOs to enhance legitimacy, improve decision-making, and ensure accountability.

The International Institute for Sustainable Development (IISD) submitted a consultation response regarding the 2022 Investment Promotion and Protection Agreement (API) between Switzerland and Indonesia. While IISD acknowledges innovations in the treaty—such as stricter investor definitions to prevent 'treaty shopping' and the exclusion of speculative profits from expropriation compensation—it argues that several provisions remain problematic. Key concerns include a climate-neutral definition of investment, the persistence of unpredictable 'legitimate expectations' in the Fair and Equitable Treatment (FET) standard, and the lack of a requirement to exhaust local remedies before pursuing international arbitration. IISD recommends that Switzerland adopt more sustainable investment definitions and strengthen the right to regulate in the public interest in future treaties.

This report by the International Institute for Sustainable Development (IISD) examines the role of investment treaties and Investor-State Dispute Settlement (ISDS) mechanisms in global governance. It argues that traditional investment treaties, which prioritize investor protection, often fail to attract foreign direct investment (FDI) and instead create significant financial and legal burdens for host states, potentially hindering sustainable development and climate action.

This guide by the International Institute for Sustainable Development (IISD) examines the role of investment treaties and Investor-State Dispute Settlement (ISDS) mechanisms in global governance. It argues that traditional treaties, designed to protect foreign investors and attract Foreign Direct Investment (FDI), often conflict with sustainable development goals by creating 'regulatory chill' and imposing high financial costs on host states. The document advocates for an ambitious reform of investment law to prioritize public interest, environmental protection, and human rights over investor protections.

This 2004 research paper by the International Institute for Sustainable Development (IISD) examines the relationship between international investment agreements (IIAs) and sustainable development. It argues that the traditional model of IIAs, which focuses heavily on investor protections, has failed to empirically prove its ability to attract foreign direct investment (FDI) and often conflicts with the regulatory needs and development priorities of host states. The paper advocates for a 'Southern Agenda' that balances private investor rights with public goods, transparency, and the specific needs of developing countries.

This report, prepared by the Sustainable Development Strategies Group for the World Bank, provides a detailed analysis and transparency template based on the International Bar Association's (IBA) Model Mining Development Agreement (MMDA) Version 1.0. It outlines the essential components of modern mine development agreements, emphasizing the balance between investor security and the sustainable development of host countries and communities. The document includes a template of MMDA sections, an explanatory narrative on key clauses, and a research summary on the absence of a similar international model for the oil and gas sector.

Natural Justice submitted comments to the National Environmental Management Authority (NEMA) on September 19, 2019, regarding the Environmental Impact Assessment (EIA) study report for the proposed Lamu Port Access Road in Lamu County. The organization argues that the project has violated constitutional and statutory requirements concerning access to information, public participation, and environmental protection, noting that construction began before an EIA license was issued.

This guide, published by Natural Justice in July 2024, provides information and guidance for the public regarding a proposed 3D seismic survey by Searcher Geodata UK Ltd off the coast of South Africa. It outlines the project's scope, the regulatory process for environmental authorisation, and the potential negative impacts on marine biodiversity, local livelihoods, and cultural heritage.

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 highlights the intrinsic link between transforming global supply chains and ending plastic pollution, while discussing the risks of trade discrimination, implementation costs for developing nations, and the treaty's relationship with existing multilateral environmental agreements (MEAs) and WTO law.