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Llevar las perspectivas de la comunidad al arbitraje entre inversionistas y Estados: el caso Pac Rim
This report analyzes the use of amicus curiae briefs by civil society organizations (CSOs) to introduce community perspectives into investor-state arbitration, focusing on the case of Pac Rim Cayman LLC vs. the Republic of El Salvador. It details how the Mesa Nacional Frente a la Minería Metálica de El Salvador (La Mesa), supported by the Center for International Environmental Law (CIEL) and the Fundación de Estudios para la Aplicación del Derecho (FESPAD), used legal tools to challenge the jurisdiction of the arbitration tribunal and highlight the democratic debate over metallic mining and sustainable development in El Salvador.
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Document type: Report
ttip_chem_10jul2014-c7a1884041915e92.pdf
A statement from a coalition of EU, U.S., and international organizations expressing strong opposition to the inclusion of chemical regulations within the Transatlantic Trade and Investment Partnership (TTIP). The authors argue that TTIP proposals would prioritize chemical industry interests over public health and the environment by freezing protective regulations, limiting public access to hazard information, and empowering corporations to challenge domestic laws through investor-state dispute settlement (ISDS) mechanisms.
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Document type: Statement
Indirect Expropriation
This report by the International Institute for Sustainable Development (IISD) examines the legal complexities of 'indirect expropriation' in international investment law. It analyzes how the lack of a clear definition in most investment treaties creates tension between the protection of foreign private investments and the sovereign right of host states to regulate in the public interest, particularly regarding health, environment, and human rights.
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Document type: Report
Sustainable public procurement assessment in Vietnam: A reference to the timber industry
The International Institute for Sustainable Development (IISD) conducted an assessment of sustainable public procurement (SPP) preparedness in Vietnam, focusing on the timber industry as a potential entry point for implementation.
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Document type: Report
ENVIRONMENTAL MANAGEMENT FRAMEWORK REGULATIONS, 2010
The Environmental Management Framework Regulations, 2010, establish the legal process for creating, adopting, and using environmental management frameworks (EMFs) in South Africa. These frameworks are designed to map environmental attributes and guide land-use decisions to promote sustainability and environmental protection.
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Document type: Guide
bit_comments_aug09-4867933a2517bc5a.pdf
A coalition of civil society organizations, including the Center for International Environmental Law and Earthjustice, submitted comments to the U.S. Department of State and the U.S. Trade Representative on July 31, 2009, regarding the review of the 2004 U.S. Model Bilateral Investment Treaty (BIT). The coalition argues that the model BIT fails to balance investor rights with public interest protections and grants foreign investors greater substantive rights than those afforded to U.S. citizens under domestic law.
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Document type: Statement
Congressional Energy Plan Takes our Nation Backward
A statement from Friends of the Earth criticizing a congressional energy plan for failing to reduce oil dependence, rolling back environmental protections, and prioritizing polluting industries over renewable energy.
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Document type: Statement
Nepal – rethinking conservation strategy in times of conflict
This briefing reports on a November 2004 workshop organized by the International Institute for Sustainable Development (IISD) during the 3rd World Conservation Congress in Bangkok. The session focused on the challenges facing conservation efforts in Nepal due to the ongoing conflict between the government and Maoist rebels, drawing on global strategies to sustain environmental protection during armed conflict.
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Document type: Briefing
no más privilegios para las grandes empresas en la omc
A position paper by Friends of the Earth International from August 2003 urging WTO member states to reject negotiations on a multilateral investment agreement at the upcoming Ministerial Conference in Cancún, arguing such an agreement would prioritize corporate rights over public interest and environmental protection.
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Document type: Statement
2011-cope-koornhof-q1277-departmental-steps-to-rectify-the-environmental-impacts-pertaining-to-pollution-levels-of-the-loskop-dam-olifants-river-and-the-knp-cfffb4553ae45939.pdf
This document is a draft written reply from the South African Minister of Water and Environmental Affairs to a National Assembly question (No. 1277) posed by Mr N JJ van R Koornhof. The reply outlines the Department's response to pollution in the Loskop Dam, the Olifants River, and the Kruger National Park, detailing ongoing research and enforcement strategies.
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Document type: Briefing
affidavit-david-le-maitre-ff35c9ae2d594182.pdf
This document is an affidavit by David Carlyle Le Maitre, a principal researcher at the Council for Scientific and Industrial Research (CSIR), submitted to the Water Tribunal. It provides expert testimony on the identification and importance of Strategic Water Source Areas (SWSAs) in South Africa, specifically addressing the impact of the proposed Yzermyn underground coal mine on the Enkangala Drakensberg surface water SWSA.
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Document type: Statement
second-respondents-answering-affidavit-938e00edf723528f.pdf
This document is an answering affidavit filed by Uthaka Energy (Pty) Ltd (the Second Respondent) in the High Court of South Africa, Mpumalanga Division. The affidavit opposes a review application brought by several environmental organizations (the Applicants) who seek to overturn a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga to exclude four properties from the Mabola Protected Environment Area to allow for underground coal mining.
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Document type: Statement
lending_credibility_1996-018f62794adb12eb.pdf
This research paper by the Center for International Environmental Law examines the World Bank's approach to governance, civil society, and human rights. It argues that the Bank's adherence to a narrow economic view of development, rooted in its Articles of Agreement, has led it to treat these critical social and political factors as mere instrumentalities for project goals rather than essential components of sustainable development.
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Document type: Research paper
tande_global_1997-fb6c9a157bf76692.pdf
This report by the Center for International Environmental Law analyzes the conflict between international trade policy and environmental protection, arguing that the World Trade Organization (WTO) typically prioritizes trade over the environment. The authors critique the U.S. government for abdicating its leadership in this area and propose a new foreign policy agenda that integrates environmental protection and worker rights into trade agreements, specifically regarding NAFTA and the proposed Free Trade Area of the Americas (FTAA).
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Document type: Report
Principes pour une législation européenne visant à réglementer efficacement les multinationales dans toute leur chaîne de valeur mondiale
Friends of the Earth International argues that the proposed EU directive on corporate sustainability due diligence is insufficient on its own to end multinational impunity and must complement a legally binding UN instrument to effectively protect human rights and the environment across global value chains.
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Document type: Briefing
INVESTMENT, DOHA AND THE WTO
This briefing paper analyzes the prospects and challenges of negotiating a multilateral investment agreement within the World Trade Organization (WTO) following the Doha Ministerial Statement. It critiques existing international investment agreements (IIAs), specifically NAFTA's Chapter 11 and Bilateral Investment Treaties (BITs), for prioritizing investor rights over public welfare and sustainable development. The author argues that the WTO may lack the institutional capacity to deliver a balanced agreement and proposes a new framework that incorporates obligations for investors and home states alongside the rights of host states to regulate in the public interest.
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Document type: Briefing
In the Arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL Arbitration Rules
This document consists of the final submissions made by the International Institute for Sustainable Development (IISD) on October 16, 2000, to an arbitral tribunal. The IISD is petitioning for amicus curiae status in the Chapter 11 NAFTA arbitration between Methanex Corporation and the United States of America, arguing that the case involves significant public interest and environmental issues that warrant independent legal perspectives.
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Document type: Briefing
Microsoft Word - South African Durban Youth and Children's Protocol.docx
The South African Durban Youth and Children’s Protocol is a statement negotiated and agreed upon by South African youth and children during the 17th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 17) in November 2011. The document outlines recommendations for the global community, African peers, the South African national government, and youth themselves to address climate change and environmental sustainability.
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Document type: Statement