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Falling between the Cracks? Prospects for Environmental Litigation Arising from Oil Production in Southern Sudan
The document examines the 'major loophole' in the Comprehensive Peace Agreement (CPA) regarding the lack of a clear judicial mechanism to compensate Southern Sudanese communities for environmental degradation caused by oil companies. It details the adverse impacts of oil production—including water contamination, soil erosion, and mass displacement—and analyzes the overlapping and often conflicting jurisdictions of the Government of National Unity (GNU) and the Government of Southern Sudan (GoSS). The author argues that while the CPA guarantees compensation, the absence of specific environmental laws and the political nature of the National Petroleum Commission (NPC) leave victims without recourse. The paper recommends the urgent enactment of interim environmental laws and the use of existing regional judiciaries to fill the legal vacuum before the 2011 referendum.
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Document type: Research paper
KESKKONNAMÕJU HINDAMISE PRAKTIKA JA ASJAOSALISTE OOTUSED 2010
The report identifies significant distrust and dissatisfaction among stakeholders regarding Estonia's environmental impact assessment (EIA) and strategic environmental assessment (SEA) processes. Key issues include the perceived lack of independence of experts hired by developers, the incompetence of decision-makers (local governments), and a general decline in the protection of public interests. The study suggests that the system requires refinement, particularly in integrating SEA with planning processes and increasing the leading role of decision-makers to ensure objectivity and the protection of non-market values.
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Document type: Report
Comments on validation of Huaneng Wuchuan Lihanliang Phase I Wind Farm Project China
Carbon Market Watch questions the additionality of the Huaneng Wuchuan Lihanliang Phase I Wind Farm Project, citing outdated investment benchmarks and a failure to account for similar wind projects in Inner Mongolia. The statement further argues that claims regarding local employment are unsubstantiated, bird wildlife impacts are ignored, and stakeholder consultations are poorly documented.
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Document type: Statement
DRAFT STANDARDS FOR RESPONSIBLE SHRIMP AQUACULTURE
The Shrimp Aquaculture Dialogue (ShAD) has developed a comprehensive set of draft standards for responsible shrimp aquaculture, focusing on seven core principles: legal compliance, environmentally suitable siting, community consideration, responsible labor practices, shrimp health management, broodstock and stock management, and resource efficiency. The standards employ a performance-based approach, defining acceptable impact levels rather than prescribing specific production methods, and are intended for the top 20 percent of farms globally. Key environmental requirements include the prohibition of siting in mangroves and natural wetlands (with limited exceptions for infrastructure), the mandate for Biodiversity inclusive Environmental Impact Assessments (BEIA), and strict limits on nutrient effluent loads (nitrogen and phosphorus). Social standards require participatory Social Impact Assessments (p-SIA) and adherence to ILO core conventions regarding child and forced labor. The document also outlines strict biosecurity measures to prevent disease and mandates the transition toward 100% closed-loop hatchery sourcing for Litopenaeus vannamei and Penaeus monodon. The standards are designed to be verified through third-party certification via the Aquaculture Stewardship Council (ASC).
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Document type: Report
Too Green to be True
The report finds that IOI Corporation is failing to meet its sustainability commitments in Ketapang, West Kalimantan. Evidence shows the company developed plantations without approved Environmental Impact Assessments, made fraudulent statements about physical activity on the ground, and encroached on permanent forests and peat lands. Additionally, the report notes a significant increase in fire hotspots in newly cleared areas and potential for land rights conflicts with local villagers.
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Document type: Report
China and Global Markets: Copper Supply Chain Sustainable Development
The report assesses the environmental footprint of Chinese copper cathode production, which relies heavily on imports. Using a 'cradle-to-gate' LCA, it finds that mining and mineral extraction are the primary drivers of environmental impact, accounting for over 70% of the total for primary production. While Chinese primary production has lower impacts than the global average and regions like Latin America and Indonesia, it remains higher than European production due to lower ore grades and a fossil-fuel-heavy electricity mix. The study recommends improving mining technologies, enhancing the collection and recycling of secondary copper, and phasing out obsolete smelting technologies.
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Document type: Report
Manual del Mecanismo de Desarrollo Limpio (MDL)
The document serves as a toolkit for civil society to navigate the Clean Development Mechanism (CDM) under the Kyoto Protocol. It details the seven-step project cycle—from the creation of the Project Design Document (PDD) to the issuance of Certified Emission Reductions (CERs)—and highlights specific windows for public intervention, such as the 30-day public consultation period. The guide emphasizes the importance of 'additionality' and 'baselines' to prevent the issuance of false carbon credits and explains special project categories like small-scale activities, carbon sinks (afforestation/reforestation), and Programmes of Activities (PoA).
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Document type: Guide
Water Resources Legislation: A search for common principles
The report analyzes comparative water legislation from countries including Canada, Germany, China, and the US to establish common legal principles. It argues that water is traditionally a public asset subject to government control, public ownership, and permanent regulation. Key principles identified include the 'doctrine of effective and beneficial use,' the requirement for environmental impact assessments, and the state's power to amend water rights ex-post to protect public health and the environment. The author suggests that grounding water management in these shared national legal principles can help states resist claims in investment arbitration when enacting new environmental or efficiency regulations.
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Document type: Report
DRIVERS OF EFFECTIVENESS OF ENVIRONMENTAL ASSESSMENT
The research evaluates the effectiveness of Environmental Assessment (EA) by analyzing Environmental Impact Statements (EIS), screening decisions for Natura 2000 sites, and stakeholder perceptions in Estonia. It identifies a generally satisfactory but inconsistent quality in EIS, with significant gaps in project descriptions and alternatives. The study finds that screening for Natura 2000 sites is poorly conducted and that stakeholder expectations often diverge. The author proposes a theoretical framework of five interlinked drivers for EA effectiveness: clearly defined objectives, effective participatory processes, high-quality documentation, positive influence on project design and decision-making, and cost-time efficiency.
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Document type: Research paper
CCS + COMMUNITY ENGAGEMENT
The document examines six CCS case studies, finding that successful projects typically employ two-way consultation and transparency, while failures often stem from one-way information delivery, perceived lack of community influence, or the unilateral removal of promised local benefits.
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Document type: Case study
Mpumalanga Protected Area Expansion Strategy
The Mpumalanga Protected Area Expansion Strategy sets a 20-year target to protect 6,320 km² of land by 2028, with a primary focus on the Grassland Biome. The document also contains a series of legal objections from the Centre for Environmental Rights and a coalition of NGOs against a proposed underground coal mine by Atha-Africa Ventures on the Yzermyn farm. Objectors argue the mine would cause irreparable harm to the Mabola Protected Environment, a strategic water source area, through aquifer dewatering and acid mine drainage, and that the application process violated the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Report
In Search of Aluminum: China’s Role in the Mekong Region
The document examines China's 'Going Global' strategy to secure natural resources, highlighting its focus on bauxite in the Mekong region. It details the roles of major Chinese firms like Chinalco and Chalco, the regulatory challenges in Laos, Vietnam, and Cambodia, and the significant energy and environmental risks associated with aluminum smelting and mining, particularly the threat of red mud contamination in transboundary river basins.
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Document type: Policy brief
Sustainable Development Impacts of Investment Incentives
The report examines how Vietnam's investment incentives, particularly tax breaks, influence foreign direct investment (FDI) and sustainable development in the mining and quarrying sector. It finds that while FIEs outperform domestic firms economically, incentives are not the primary driver for investment decisions nor for sustainable behavior. Social and environmental commitments are often passive, driven by parent company policies or basic legal compliance rather than government incentives.
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Document type: Case study
Sustainable Development in the Plantation Industry in Laos
The report analyzes the rapid growth of the plantation sector in Lao PDR and the institutional gaps in the investment approval process. It argues that while the Ministry of Planning and Investment (MPI) is the final decision-maker for large projects, it lacks the internal capacity and coordination mechanisms to effectively integrate environmental and social considerations into its decisions, relying instead on other agencies with their own resource constraints.
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Document type: Report
In Search of Aluminum: China’s Role in the Mekong Region
The report examines the emerging bauxite mining sector in the Mekong region, focusing on the strategic interests of China in Cambodia, Laos, and Vietnam. It details the investment landscape, where Chinese firms dominate in Laos and provide engineering for Vietnam, while Australian firms lead in Cambodia. The document highlights critical constraints, such as the massive energy requirements for aluminum smelting and the lack of cheap hydropower. It further argues that existing environmental and social regulatory frameworks in these countries are poorly implemented, leading to transparency gaps and risks to indigenous communities and transboundary water systems, particularly the Sekong River.
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Document type: Report
Sustainable Development Impacts of Investment Incentives
The study finds that investment incentives are not the primary drivers of FDI in Malawi's tourism sector; instead, investors are attracted by natural resources, low labour costs, and the environment. Fiscal incentives, such as customs procedure codes (CPCs) and tax waivers, often benefit large hotels or local investors rather than the intended small, remote operators, and may negatively impact the environment by financing polluting vehicles. The report recommends shifting toward targeted, measurable incentives for staff training and specific locations, improving data disaggregation by the Malawi Revenue Authority, and implementing a common code of ethics to ensure sustainable development.
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Document type: Case study
Sustainable Development: The missing piece in the Southern African Customs Union's regional trading arrangements?
The report argues that most RTAs in the SACU region focus on market access while neglecting social and environmental concerns. It highlights that trade liberalization does not automatically reduce poverty and can lead to job losses in sectors like South Africa's textile industry. The author recommends the creation of regional sustainable development guidelines, the completion of National Sustainable Development Strategies (NSDS), and the implementation of trade sustainability impact assessments to align trade negotiations with regional priorities.
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Document type: Report
malaysian palm oil - green gold or green wash?
This executive summary by Friends of the Earth challenges the Malaysian Palm Oil Council's (MPOC) claims that Malaysian palm oil is sustainable. It argues that expansion, particularly in Sarawak, is driving tropical deforestation, the destruction of peat lands, and human rights violations against indigenous peoples like the Penan. The report highlights the role of European and American bio-energy targets in driving this demand and calls for the EU to abandon its 10% biofuel target and for the Malaysian government to recognize Native Customary Rights and enforce a zero-burning policy.
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Document type: Executive summary
malaysian palm oil - green gold or green wash?
The report argues that the Malaysian palm oil industry's claims of sustainability are misleading, citing evidence of widespread deforestation, illegal open burning on peatlands, and the systemic violation of indigenous land rights in Sarawak. It highlights the 'carbon debt' created by converting peat forests to plantations and criticizes the lack of public participation in Environmental Impact Assessments (EIAs). The document calls for the EU to abandon biofuel targets that drive this demand and for the Malaysian government to recognize Native Customary Rights (NCR).
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Document type: Report
Sustainable Development: The missing piece in the Southern African Customs Union’s regional trading arrangements?
The report examines the Southern African Customs Union (SACU)—comprising South Africa, Botswana, Namibia, Lesotho, and Swaziland—and its various trade agreements. It finds that most agreements focus almost exclusively on market access and economic growth, largely ignoring social and environmental pillars of sustainable development. The study highlights the critical role of the SACU Revenue Sharing Formula in supporting smaller member states and warns that rapid trade liberalization, particularly with the EU, US, and China, may lead to significant tariff revenue losses and job cuts in sensitive sectors like textiles. It recommends that SACU integrate sustainable development guidelines into negotiations, conduct impact assessments, and increase transparency and parliamentary oversight of trade deals.
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Document type: Report