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TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1
The document examines the implementation of the TRIPS Agreement, highlighting how strengthened intellectual property rights may hinder technology transfer and competition in developing countries. It advocates for the use of compulsory licensing, the imposition of obligations on patent holders, and the introduction of general exceptions to protect public health and the environment.
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Document type: Research paper
Joint Discussion Paper
The document analyzes how the TRIPS Agreement's minimum standards for intellectual property rights may undermine the CBD's goals regarding access and benefit sharing, the protection of traditional knowledge, technology transfer, and biodiversity conservation. It argues that current IPR systems often favor private commercial interests in developed nations over the sovereign rights of provider countries and the rights of indigenous communities. To resolve these conflicts, the authors recommend that the WTO grant the CBD permanent observer status, revise patent application requirements to include country-of-origin disclosures, and conduct a 'sustainability review' of the TRIPS Agreement under Article 71.1. National-level recommendations include implementing binding access and benefit sharing schemes and utilizing the flexibility in 'sui generis' plant variety protection to safeguard farmers' rights and traditional knowledge.
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Document type: Report
Effective Dispute Resolution
The document analyzes the existing legal framework provided by UNCLOS and the SSA for resolving fisheries disputes and evaluates lessons from other international bodies like the WTO, ILO, and the Montreal Protocol to suggest a graduated, transparent, and science-based dispute resolution system for the Western and Central Pacific.
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Document type: Report
Frictions Between International Trade Agreements and Environmental Protections: The Greening of World Trade
The document argues that conflicts between free trade policies, which seek efficient resource allocation, and environmental policies, which seek resource maintenance, must be reconciled. It highlights concerns that current economic development is unsustainable and may lead to 'uneconomic growth' where costs exceed benefits. The text specifically examines the General Agreement on Tariffs and Trade (GATT) and other trade provisions against international environmental agreements and domestic laws to find ways to reduce legal frictions.
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Document type: Report
2-cc55912e4e35173b.pdf
This legal document, submitted by the Centre for Environmental Rights (CER) on behalf of a Coalition, challenges the rezoning of the Yzermyn 96 HT farm from agricultural to mining purposes. The document details the environmental sensitivity of the Wakkerstroom area, the potential for irreparable harm to water resources and biodiversity, and the limited socio-economic benefits of the proposed Atha coal mine compared to the risks to local subsistence farmers and the eco-tourism economy.
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Document type: Report
A COMPARISON OF SIX ENVIRONMENTAL IMPACT ASSESSMENT REGIMES
The document provides a detailed comparative analysis of six EIA regimes, examining how they determine which activities require assessment, who conducts and pays for the studies, the timing of the process, scoping requirements, the types of impacts considered, the evaluation of alternatives, mitigation measures, review processes, final decision-making, post-decision monitoring, and the extent of public participation.
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Document type: Research paper
What agenda for the review of TRIPS?: A sustainable development perspective
The document argues that the TRIPS Agreement is imbalanced, favoring producers and Northern countries over consumers and Southern countries, which undermines sustainable development. It analyzes the Doha Ministerial Declaration's role in addressing public health, the need for technology transfer to least-developed countries, and the conflicts between TRIPS and the Convention on Biological Diversity (CBD). The author advocates for the protection of traditional knowledge through sui generis systems and the requirement of prior informed consent for the use of genetic resources in patent applications.
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Document type: Briefing
PUBLIC PARTICIPATION IN THE CLEAN DEVELOPMENT MECHANISM OF THE KYOTO PROTOCOL
The research paper examines the public participation framework of the Clean Development Mechanism (CDM) under the Kyoto Protocol, specifically focusing on the rules established by the Marrakech Accords. It identifies significant gaps in how information is made 'publicly available,' the lack of standardized environmental impact assessment (EIA) requirements, and the absence of formal redress mechanisms for stakeholders. The authors argue that current rules risk excluding local communities and NGOs, as most information is released after decision-making has occurred. To address these issues, the paper recommends the creation of a 'Good Practice Manual for Public Consultation and Disclosure' and the establishment of an independent watchdog mechanism similar to the World Bank's Inspection Panel.
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Document type: Research paper
Trade Provisions in Multilateral Environmental Agreements: Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution
The document highlights that global plastics trade, valued at $1.2 trillion in 2020, accelerates the plastic crisis by acting as a "conveyor belt" for pollution and increasing waste burdens on importing countries. It suggests that a plastics treaty should incorporate trade restrictions, permit requirements, and mandatory reporting to ensure efficacy and prevent "leakage" to non-signatory states. The brief references the Basel, CITES, and Montreal conventions as successful examples of using trade measures to achieve environmental goals.
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Document type: Policy brief
Carbon Conservation: Climate Change, Forests and the Clean Development Mechanism
The report uses a case study of Costa Rica's JI pilot projects to identify challenges in quantifying and verifying carbon sequestration, such as baselines and leakage. It argues that the CDM must integrate strong environmental and social safeguards, including public participation and benefit-sharing with local communities, to ensure sustainable development. The author proposes a phased evolution for the CDM, moving from project-specific credits to national baselines, and suggests limiting the use of Certified Emission Reductions (CERs) to 1% of Annex I Parties' assigned amounts initially to prioritize domestic reductions.
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Document type: Report
Towards a Global Treaty to End Plastic Pollution
The document argues that the success of the global plastics treaty depends on inclusive participation, moving beyond the limitations of the existing Major Groups and Other Stakeholders (MGS) system. It analyzes previous Multilateral Environmental Agreements (MEAs) and regional instruments, such as the Aarhus Convention and Escazú Agreement, to identify best practices for accreditation, speaking rights, and funding. The brief emphasizes the need for protected participation for Indigenous Peoples, waste pickers, women, and youth, who are disproportionately affected by plastic pollution. It concludes with specific recommendations for UN Member States and international bodies to implement open accreditation, provide financial support for stakeholders, and ensure transparency through public meetings and hybrid access.
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Document type: Policy brief
States’ Human Rights Obligations in the Context of Climate Change: CERD
The document outlines how the Committee on the Elimination of Racial Discrimination (CERD) has begun integrating climate change into its human rights oversight, specifically regarding the rights of Indigenous Peoples and people of African descent. It details specific recommendations made to El Salvador, Mexico, Guyana, and the Netherlands, while noting that climate-related outputs remain a small fraction of the Committee's total work. The report also highlights the influence of UN Special Rapporteurs, the Working Group of Experts on People of African Descent, and NGOs in pushing for a human rights-based approach to environmental racism and climate justice.
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Document type: Report
UNEP Compendium On Human Rights and the Environment
The UNEP Compendium documents the intersection of human rights and environmental law through a curated selection of global and regional instruments and judicial decisions. It analyzes how substantive rights (such as the rights to life, health, and property) and procedural rights (access to information, public participation, and access to justice) are used to address environmental degradation. The document highlights the 'greening' of human rights law, where tribunals increasingly interpret existing rights to encompass environmental protections, particularly for indigenous peoples and marginalized groups. It also details state obligations regarding industrial pollution and natural resource extraction, emphasizing duties of prevention, regulation, and the requirement for free, prior, and informed consent (FPIC) for indigenous communities.
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Document type: Report
Restauração Florestal na Amazônia: qual o papel das políticas públicas estaduais?
The document is an appendix of consulted legislation for a report on forest restoration in the Amazon. It catalogs federal laws and specific state-level legal frameworks from Acre, Amapá, Amazonas, Mato Grosso, Pará, and Rondônia, and Roraima. The listed legislation covers a wide range of environmental governance topics, including the Forest Code, REDD+ mechanisms, Environmental Regularization Programs (PRA), and state-specific policies on bioeconomy, agroecology, and payment for environmental services.
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Document type: Report
Community forest management: how it is supported in interna5onal agreements
The report argues that while state and private ownership still dominate global forests, community forest management (CFM) is a more effective strategy for forest conservation, poverty reduction, and climate mitigation. It identifies a set of key rights—including territorial, consultation, and cultural rights—that underpin successful CFM and maps these against 17 international agreements, such as the UN Declaration on the Rights of Peasants and UNDRIP. The document concludes that while no single agreement mandates the creation of community forests, the collective weight of these international norms provides a strong legal and moral basis for states to devolve forest authority to local communities.
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Document type: Report
Standards for Sustainable Trade
The document defines standards for sustainable trade as non-legally binding instruments that integrate environmental and social sustainability into the trading process. It argues that while these standards can reward sustainable production, they may unfairly restrict market access for developing countries due to information gaps, high compliance costs, or irrelevant requirements. The paper details the institutional capacities needed to develop, apply, and demonstrate compliance with these standards, and proposes a demand-driven, regional approach to capacity building involving South-South cooperation and private sector engagement.
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Document type: Report
Corruption and governance in the DRC during the transition period 2003 to 2006
The document evaluates the strengths and weaknesses of the Democratic Republic of Congo's anti-corruption framework between 2003 and 2006, identifying gaps in national laws relative to international standards and providing recommendations for institutional improvement.
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Document type: Report
TotalEnergies in the Deep Water Orange Basin block
The Aukotowa Primary Fishing Cooperative, The Green Connection, and Natural Justice are challenging an Environmental Authorisation (EA) granted to TotalEnergies EP South Africa S.A.S for drilling exploration wells in the Deep Water Orange Basin, approximately 200 km offshore South Africa's west coast. The applicants seek to have the Western Cape High Court set aside the EA and the subsequent dismissal of internal appeals, with hearings scheduled for 23 and 24 March 2026. The legal challenge is based on four grounds: failure to assess the project's need and desirability in the context of climate change and energy planning; the risks of oil spills in ultra-deep waters (over 2,000 metres) and the failure to apply the precautionary principle; the negative socio-economic impacts on small-scale fishers' livelihoods and food security; and the failure to consider the National Environmental Management: Integrated Coastal Management Act.
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Document type: Fact sheet
nj_submissions-on-the-lamu-ports-access-road-eia-study_2019.09.19-d0b4d8d8b10137d8.pdf
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.
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Document type: Statement
San, Khoi & Rooibos Factsheet
The document establishes the San and Khoi people as the original knowledge holders of rooibos (Aspalathus linearis), citing a 2014 South African government study. It outlines the legal framework for Access and Benefit Sharing (ABS) under the Convention on Biological Diversity and South African law, and notes ongoing negotiations between the rooibos industry and the National Khoi & San Council and South African San Council to ensure compliance with bioprospecting regulations.
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Document type: Fact sheet