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REPORT ON The Fifth Annual Forum of Developing Country Investment Negotiators
The report details a forum held in Kampala, Uganda, where negotiators from 40 developing countries discussed the risks of traditional Bilateral Investment Treaties (BITs) and the need for regulatory space to pursue sustainable development. Key discussions focused on the 'African Mining Vision', the dangers of 'land grabbing' in agriculture, and the systemic biases of investor-state arbitration. Participants advocated for a shift toward regional cooperation, the use of 'police powers' exceptions in treaties to protect public interest, and the implementation of domestic laws that prioritize national economic policies over investor demands.
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Document type: Report
Measuring Knowledge, Attitudes and Behaviours Concerning Sustainable Development Among Tenth Grade Students in Manitoba
The research establishes a baseline for sustainable development (SD) among 1,551 tenth grade students in Manitoba using three composite indexes. Findings indicate that while students possess relatively high knowledge (mean 2.12) and favourable attitudes (mean 2.14) toward SD, their actual supportive behaviours are less pronounced (mean 2.83). Regression analysis reveals that knowledge and attitudes only explain 21% of the variation in sustainable behaviours, with attitudes being a more influential predictor than knowledge. The study highlights a particular strength in students' support for gender equality and environmental protection, but notes confusion regarding the United Nations' Millennium Development Goals.
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Document type: Research paper
STATEMENT ON THE KGASWANE COUNTRY LODGE MAGALIESBERG PROTECTED ENVIRONMENT
The Magaliesberg Protection Association (MPA) is pursuing a judicial review in the Mafikeng High Court to set aside the environmental authorisation of the Kgaswane Country Lodge, a ± 50 bedroom hotel built illegally in a 'highly sensitive' area of the Magaliesberg Protected Environment (MPE). Despite the development being designated as an 'incompatible activity' by the Department's own Environmental Management Framework (EMF), the MEC dismissed the MPA's appeal on 5 February 2010. The MPA's legal action, filed on 4 August 2010, seeks an interdict to stop ongoing construction and an order for the lodge's demolition and environmental rehabilitation. The MPA estimates the total legal costs at approximately R300,000, funded through donations and guarantees from organisations including the MCSA and the Johannesburg Hiking Club.
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Document type: Statement
Balancing Trade Growth and Environmental Protection in ASEAN
The report examines the tension between trade growth and environmental sustainability in the Mekong subregion, noting that environmental protections often take a backseat to industrialization and that regional efforts to balance these interests have seen little effectiveness.
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Document type: Report
Balancing Trade Growth and Environmental Protection in the Mekong: Key issues
The fact sheet examines the tension between trade growth and environmental sustainability in the Mekong Subregion, noting that while regional strategies like the 'Green ASEAN' vision exist, implementation is hindered by national political obstacles and a lack of transparency. It highlights the negative impact of illegal wildlife and timber trade, the limited influence of domestic civil society, and the dominant role of foreign donors in driving environmental mainstreaming into trade policy.
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Document type: Fact sheet
Balancing Trade Growth and Environmental Protection in ASEAN
The report finds that while Southeast Asian nations have adopted environmental legislation, these concerns are frequently sidelined by industrialization and trade liberalization goals. In the Mekong subregion (Cambodia, Lao PDR, Myanmar, Thailand, and Vietnam), the integration of environmental sustainability into trade policy is primarily driven by foreign donors rather than regional institutions like the Asian Development Bank or the Mekong River Commission. While Thailand shows progress through judicial intervention and business awareness, and Vietnam through donor-funded strategic plans, regional agreements like the ASEAN-China Free Trade Agreement lack environmental cooperation provisions. The report concludes that the 'ASEAN Way' of soft law and a lack of administrative capacity hinder enforcement, and recommends strengthening regional ownership and coordination between donors and the ASEAN Secretariat.
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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
Science and the corporate agenda
The report argues that the increasing commercialisation of science and technology, driven by government policy in the UK and USA, has eroded the traditional academic ethos of openness and objectivity. Through case studies of the pharmaceutical, tobacco, military/defence, oil and gas, and biotechnology sectors, the authors demonstrate that corporate funding often leads to 'sponsorship bias', where results are skewed to favour funders. The document highlights the marginalisation of public-interest research—such as disease prevention, sustainable agriculture, and renewable energy—in favour of profit-driven goals. It concludes with recommendations for universities to adopt ethical standards for partnerships and for the UK government to decouple science policy from purely economic objectives.
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Document type: Report
bit_comments_aug09-4867933a2517bc5a.pdf
The document argues that the 2004 Model BIT prioritizes investor rights over public interest, specifically regarding sustainable development, environmental protection, and health and safety. The authors criticize the investor-State dispute settlement (ISDS) mechanism for bypassing domestic courts and lacking appellate review. They contend the model fails the 'no greater rights' standard by using broad definitions of investment and expropriation that deviate from U.S. Supreme Court precedent. Key recommendations include replacing ISDS with state-to-state dispute settlement, requiring the exhaustion of domestic remedies, and introducing general exceptions for health, safety, and environmental measures.
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Document type: Statement
Competing for Business: Sustainable Development Impacts of Investment Incentives in Southeast Asia
The report analyzes the impact of investment incentives on economic growth, employment, and technology transfer in Southeast Asia. It finds that while incentives helped attract FDI in countries like Singapore, Malaysia, and Thailand, they are not sufficient on their own, as factors like political stability and infrastructure are equally critical. The document notes that technology spillovers vary by national capacity and that the 'China effect' on FDI diversion is often overestimated. It concludes that region-wide regulations and transparency are needed to prevent costly bidding wars and ensure sustainable development.
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Document type: Report
REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION
The document outlines the efforts by the United Nations Commission on International Trade Law (UNCITRAL) to revise its 1976 Arbitration Rules to address a lack of transparency in investor-State disputes. It notes that while these rules are primarily for commercial disputes, they are frequently used in investment cases involving public interests such as environmental and health protection. Following a consensus reached on June 27, 2008, UNCITRAL's Working Group II is mandated to develop transparency rules for investor-State dispute resolution starting in September 2009.
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Document type: Briefing
Assessing Sustainable Development Impacts of Investment Incentives
The guide outlines a multi-level analysis framework to evaluate investment incentives, focusing on value for money, job quality, environmental protection, and policy transparency. It emphasizes the need for ex post assessments and the preservation of policy space for host governments to impose performance requirements on investors.
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Document type: Guide
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
Comprendre la Recherche du MAEP : Planification, processus et politiques
The document outlines the role of Technical Research Institutions (TRIs) in the African Peer Review Mechanism (APRM), specifically in producing National Self-Assessment Reports (NSARs). It details the challenges of managing complex research under tight deadlines, the necessity of balancing technical accuracy with political sensitivities, and provides a comprehensive methodology for data collection, source vetting, and questionnaire adaptation. The guide emphasizes the importance of public participation and the strategic development of Action Plans to ensure that the APRM leads to measurable policy reform.
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Document type: Guide
International Investment Agreements, Business and Human Rights
The document analyzes how international investment agreements (IIAs) and investor-state dispute settlement (ISDS) mechanisms interact with human rights obligations. It finds that most IIAs are silent on human rights, and the current ad hoc nature of investor-state arbitration creates legal uncertainty for states attempting to enact new human rights or environmental regulations. The author argues that the lack of transparency in these proceedings undermines democratic accountability and recommends the development of model clauses to protect the 'right to regulate' and ensure human rights values are embedded in investment law.
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Document type: Research paper
challenges and opportunities towards a union government for Africa
The document examines the proposal for a Union Government for Africa, analyzing the tension between 'maximalists' who seek immediate establishment and 'gradualists' who prioritize regional integration. It explores the role of the African Union (AU), Regional Economic Communities (RECs), and the African Diaspora in this process. Key discussions focus on defining domains of competence, managing national sovereignty, financing mechanisms, and the necessity of including civil society and gender perspectives to ensure a people-driven union.
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Document type: Report
Innovation in the Agro-Industry Sector in Costa Rica
The report analyzes innovation within Costa Rica's agro-industry sector using a survey of 42 firms. It identifies that while most firms innovate in products and processes to improve quality and market share, they face barriers such as a lack of trained workers and difficulty accessing funding. Regarding environmental protection, most firms invest in water treatment and remediation, but few adopt pollution prevention or eco-friendly product development, primarily due to the non-existence of suitable technologies in international and local markets.
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Document type: Report
More Soldiers in the Laboratory
The briefing examines the influence of the military on science, engineering, and technology (SET) in the UK and globally, noting difficulties in accessing R&D information despite the Freedom of Information Act. It highlights a significant funding imbalance, where military R&D is prioritised over efforts to address poverty, ill-health, and environmental degradation, and calls for a reallocation of resources toward social and environmental needs.
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Document type: Briefing
the militarisation of science and technology – an update
The document examines the growth of military research and development (R&D) spending and the increasing integration of military objectives into academic and educational institutions in the UK and USA. It critiques the 'Revolution in Military Affairs' (RMA) as a failing high-technology approach to security and highlights a significant funding imbalance where military R&D far outweighs spending on climate change, health, and poverty reduction. The authors argue that this militarisation marginalises non-offensive security strategies and threatens academic freedom and the civilian skills base.
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Document type: Briefing
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
The WTO Panel found that Brazil's import ban on retreaded tyres (via Portaria SECEX 14/2004 and Portaria DECEX 8/1991) and its associated fines (Presidential Decree 3.179/3.919) are inconsistent with Article XI:1 of GATT 1994. The Panel also ruled that the State of Rio Grande do Sul's marketing restrictions (Law 12.114/12.381) violate Article III:4. While the Panel acknowledged that Brazil's policy of reducing waste tyre accumulation to protect human, animal, and plant health falls within the scope of Article XX(b), it concluded the measures were not justified because they were applied in a manner that constituted "unjustifiable discrimination" and a "disguised restriction on international trade," primarily due to the significant volume of used tyres imported via court injunctions to benefit domestic retreaders.
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Document type: Report