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How to build consensus in climate change negotiations
The document explores methods to overcome stalemates in international climate negotiations, suggesting a shift from unanimous consensus to qualified majority voting, the creation of interest-based coalitions, and the integration of climate justice and diverse representation in national delegations.
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Document type: Policy brief
Towards a Militarization of Cyberspace?
The paper explores how cybersecurity is being shifted into the domain of warfare, a process the author argues contributes to greater military control over civilian networks. It analyzes three dominant legal models: the view that cyberwar is nearly impossible to regulate, the call for new international treaties, and the prevailing consensus that existing laws of armed conflict (LOAC) are sufficient. The author proposes a 'comprehensive legal approach' that coordinates multiple legal fields to address the full spectrum of cybersecurity threats beyond just the 'war' framing. The text also details the technical and legal difficulties of applying the UN Charter's use-of-force rules and the principles of distinction and proportionality to computer network attacks (CNA).
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Document type: Research paper
The Legal Monster that lets Companies Sue Countries
The document discusses the proliferation of bilateral investment treaties (BITs) between developed and developing nations, which provide foreign investors with protections and the right to bypass national and European Union laws through international arbitral tribunals.
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Document type: Research paper
Somali pirates have rights too: judicial consequences and human rights concerns
The document argues that the international community's approach to Somali piracy has prioritised military deterrence and legal accountability over human rights, leading to a 'catch and release' policy or the rendering of suspects to regional courts with inadequate legal frameworks. It specifically examines Kenya's role as a primary prosecution hub, highlighting a lack of domesticated maritime law, systemic corruption, and appalling prison conditions. The author contends that these failures, combined with the failure to prosecute onshore sponsors of piracy, undermine the credibility of counter-piracy efforts and may fuel further instability.
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Document type: Research paper
Africa and an arms trade treaty
The document analyzes African perspectives on the proposed Arms Trade Treaty (ATT), which aims to establish universal standards for the legal trade of conventional weapons. While there is broad support across the continent, the paper identifies specific concerns regarding national sovereignty, the potential for the treaty to be used as a political tool, and the financial burden of implementation. It details the positions of South Africa, Kenya, Egypt, Algeria, and Nigeria, noting a tension between the desire for global standards and the protection of national arms industries and security rights. The author recommends that African states develop a more unified common position through the African Union to better influence the international process.
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Document type: Research paper
Whither Human Rights in African International Relations?
The document assesses the role of human rights in African international relations, arguing that while the continent has established significant monitoring bodies and ratified treaties, human rights often remain a "variable concern" subordinated to national interests and geopolitical strategies. It highlights the influence of "African solutions to African problems" in conflict resolution and the impact of China's non-interference policy as an alternative to Western conditionality. The author concludes that for human rights to be central to foreign policy, African states must develop a unified continental approach that harmonizes trade, security, and justice while adhering to agreed-upon democratic standards.
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Document type: Research paper
South Africa’s Foreign Engagement: Whither Human Rights?
The document analyzes the tension between South Africa's early post-apartheid commitment to human rights and its subsequent foreign policy priorities, which shifted toward African solidarity, global governance reform, and strategic relations with powers like China. It highlights specific controversies, such as the treatment of Zimbabwe and the denial of a visa to the Dalai Lama, as evidence of this shift.
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Document type: Report
Suez, Sociedad General de Aguas de Barcelona, S.A., and Vivendi Universal S.A. (Claimants) v. The Argentine Republic (Respondent) ICSID Case No. ARB/03/19
The ICSID Tribunal granted five non-governmental organizations permission to file a joint amicus curiae submission in the case of Suez et al. v. Argentina, finding that the dispute involves significant public interest regarding water and sewage services in Buenos Aires. While the Tribunal affirmed the suitability of the petitioners based on their expertise in human rights and the environment, it denied their request for unrestricted access to arbitration documents, ruling that they possessed sufficient information from other sources to provide the necessary perspectives without the record.
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Document type: Statement
investment_10nov03-538ba8e76fcf2a12.pdf
The document examines the legal tension between the Calvo doctrine, which subjects foreign investment to host-state domestic law, and the international minimum standard of treatment (MST). It details the transition from the restrictive 'Neer standard'—which required an 'outrage' to prove a violation—to more flexible interpretations in NAFTA Chapter XI cases like Mondev and Loewen. The report highlights the role of the Free Trade Commission's (FTC) 2001 Note of Interpretation in attempting to bind tribunals to customary international law and warns that abandoning the 'bad faith' requirement for MST breaches threatens good governance by allowing arbitrary second-guessing of sovereign regulatory actions.
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Document type: Report
Possible military action US/UK against Iraq
Scientists for Global Responsibility (SGR) opposes unilateral US/UK military action against Iraq, characterizing it as a breach of the UN Charter. The organization argues that global security threats from weapons of mass destruction are partly caused by US and UK policies, specifically citing failures in nuclear disarmament, the sabotage of biological weapons protocols, and a general unilateralist approach to international law and climate change.
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Document type: Statement
Environmental NGOs submit letter to Congressional Oversight Group on Trade Policy
A coalition of environmental NGOs warns the Congressional Oversight Group on Trade Policy that USTR's investment proposals could grant foreign investors excessive rights, potentially exposing the U.S. to financial liability for regulatory actions. The authors argue the proposals misrepresent U.S. Supreme Court precedents on expropriation and introduce subjective standards like "fair and equitable treatment" that do not exist in U.S. law.
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Document type: Statement
Effective Decision-Making
The document analyzes a spectrum of decision-making models in international law, ranging from strict consensus to majority voting, to identify effective procedures for managing highly migratory fish stocks in the Western and Central Pacific.
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Document type: Report
Options of the Legal Form of the 2015 Climate Agreement: Consideration for Africa
The report analyzes the legal distinctions between a protocol, another legal instrument, and an agreed outcome with legal force within the context of the UNFCCC. It distinguishes between 'legal force' (being part of international law) and 'legally binding' (having definite procedures and sanctions for non-compliance). The author argues that the legal character of the final agreement depends more on the prescriptive nature of its content and its enforcement mechanisms than on its formal legal designation.
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Document type: Report
Climate Justice Proceedings at the ICJ
The document outlines contrasting legal positions between major polluting States and a majority of other participants concerning the ICJ's Advisory Opinion on climate change. It focuses on whether the UN climate regime is the exclusive source of law, the binding nature of mitigation and adaptation obligations, the applicability of the transboundary harm principle, the role of human rights law, the rights of future generations, and the legal necessity of phasing out fossil fuels. It further examines the issues of State knowledge of climate risks since the 1960s, the possibility of attributing harm to specific States, and the resulting legal consequences, including reparations and cessation of harmful conduct.
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Document type: Briefing
DEMOCRATIZING MULTILATERAL DEVELOPMENT BANKS
The report examines the governance of multilateral development banks (MDBs), specifically the World Bank Group and regional banks, focusing on their adherence to principles of access to information, public participation, and access to justice. While noting a shift toward formal disclosure policies and the creation of accountability mechanisms like the World Bank Inspection Panel, the authors argue that these processes remain largely ad hoc, inconsistent, and subject to broad discretionary exceptions. The document concludes that current MDB governance lacks systematic standards and recommends the establishment of an International Administrative Procedures Treaty to ensure minimum citizen-based rights across all international institutions.
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Document type: Report
The Legal Foundations for Fossil Fuel Phaseout: An Open Letter to the Co-Hosts and Participants of the First Conference on Transitioning Away from Fossil Fuels Santa Marta, Colombia
The document presents a collection of statements from legal experts and policy advisors asserting that international law, supported by rulings from bodies such as the International Court of Justice, requires states to phase out fossil fuels to prevent climate harm and protect human rights.
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Document type: Fact sheet
Los fundamentos jurídicos para la eliminación progresiva de los combustibles fósiles
The document asserts that the phase-out of fossil fuels is a legal requirement derived from customary international law, human rights law, environmental law, and the law of the sea. It emphasizes that states must employ all available means to prevent significant climate damage, prioritize emissions reduction at the source over speculative technologies, and ensure a just transition, particularly for the least developed countries and small island developing states. The authors argue that these obligations are 'erga omnes' and should prevail over investor-state dispute settlement (ISDS) mechanisms.
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Document type: Statement
Reclaiming Climate Justice: United Call for an Urgent Reform of the UN Climate Talks
The document argues that the UNFCCC has reached a 'critical breaking point' due to systemic failures in delivering climate justice and the undue influence of the fossil fuel industry. It proposes a shift from consensus-based to majority-based decision-making to prevent a few nations from blocking progress. The authors demand a strict Conflict of Interest Policy to exclude polluting industry lobbyists from official spaces and a 'rightsizing' of COPs to end their transformation into 'global trade fairs'. Additionally, the statement calls for enhanced compliance mechanisms for Nationally Determined Contributions (NDCs), greater transparency in negotiations to end 'closed doors' meetings, and the protection of human rights for participants. It suggests strengthening international climate governance by aligning the UNFCCC with the other Rio Conventions and pursuing complementary legal pathways, such as the Fossil Fuel Non-Proliferation Treaty and the Global Plastics Treaty, to achieve a full fossil fuel phase-out.
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Document type: Statement
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
CIEL argues that WIPO's response to the CBD must recognize the CBD's leading role in biodiversity and focus on creating mandatory international rules to prevent the misappropriation of genetic resources. The document criticizes the first draft for failing to emphasize the prevention of intellectual property system misuse and for not sufficiently incorporating the views of developing countries and NGOs. CIEL suggests that equitable principles, such as the 'unclean hands' doctrine, should be used to justify mandatory disclosure requirements and sanctions for non-compliance to ensure that intellectual property rights do not reward inequitable conduct.
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Document type: Statement
Early Warnings: Government Knowledge of Climate Change and Legal Responsibility for Climate Harm
The report argues that many high-emitting governments knew about the link between fossil fuel combustion and global warming as early as the 1960s, triggering legal duties to prevent harm long before the 1990s. It uses a timeline of scientific milestones and country-specific evidence to challenge claims by States that awareness only emerged in the late 1980s, linking this knowledge to the 'no-harm' principle of customary international law.
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Document type: Report