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Investment incentives for sustainable development: The case of Lao PDR
The document examines the current investment incentive mix in Lao PDR, highlighting a 'double subsidy' of tax holidays and low-cost land concessions. It argues that these incentives provide minimal returns in tax revenue, job creation, or technology transfer, and recommends replacing them with a uniform corporate tax rate and targeted incentives for green infrastructure, public services, and human capital development.
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Document type: Report
ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & EXARRO COAL (PTY) LTD
The Water Tribunal dismissed an appeal by the Escarpment Environmental Protection Group and Wonderfontein Environmental Committee against a water use licence granted to Exarro Coal (Pty) Ltd. The Tribunal ruled that the appellants lacked locus standi based on a strict, literal interpretation of section 148(1)(f) of the National Water Act 36 of 1998, concluding that a liberal interpretation would improperly usurp legislative powers.
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Document type: Legal commentary
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
The DRC at 50: Confronting the Challenges of Peace and Territorial Consolidation
The DRC faces significant hurdles in establishing state authority and territorial integrity, complicated by a stalled decentralisation process and border disputes over oil and gas deposits. The transition from MONUC to MONUSCO represents a symbolic shift toward stabilisation, while the STAREC programme attempts to restore basic institutional infrastructure in conflict zones. Resource governance remains precarious due to illegal mineral trade, lack of monitoring technology for oil exports, and legal disputes over mining contracts involving international corporations.
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Document type: Policy brief
Zuma's state visit and the challenges of doing business in Russia
The document examines the potential for a strategic partnership between South Africa and Russia, noting that while Russia's economic size and global influence make it a vital partner for exports and FDI, South African corporates face significant hurdles. These include a poor 'Doing Business' ranking, widespread corruption, lax intellectual property enforcement, and state dominance in strategic sectors. Despite these challenges, the state visit resulted in cooperation agreements in uranium enrichment, space, technology, and mining.
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Document type: Research paper
Governance and the War of Words at the End of the Resource Rainbow
The document examines the 'societal nexus' of resource extraction in Africa, where the intersection of state, corporate, and community interests often leads to conflict, poverty, and alienation. It highlights how historical trauma and corruption hinder the establishment of civic peace and transparent governance. Using examples from the DRC, Nigeria, Ghana, and Uganda, the author argues that transforming the 'war of words' and zero-sum competition into a discourse of cooperation and shared learning is essential for sustainable development.
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Document type: Research paper
TASK TEAM ON MINING IN SENSITIVE AREAS: SUPPORT FROM NON-GOVERNMENT AND CIVIL SOCIETY ORGANISATIONS
The Centre for Environmental Rights and a coalition of environmental NGOs are urging the South African government to use legislative powers to prohibit mining in areas of critical biodiversity and hydrological value. They offer to provide scientific evidence and a list of sensitive areas to assist a government task team in improving environmental compliance and sustainable development in the mining sector.
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Document type: Statement
CITY OF CAPE TOWN v MACCSAND (PTY) LTD AND OTHERS 2010 (6) SA 63 (WCC)
The court ruled that mining is a land use subject to municipal planning and that the Mineral and Petroleum Resources Development Act does not override the Land Use Planning Ordinance or the National Environmental Management Act.
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Document type: Legal commentary
SWARTLAND MUNICIPALITY v LOUW NO & OTHERS 2010 (5) SA 314 (WCC)
The court ruled that the Land Use Planning Ordinance 15 of 1985 (LUPO) constitutes 'relevant law' under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and is not inconsistent with the Constitution. Consequently, mining activities cannot proceed on land without proper rezoning, as municipal planning falls within the constitutional mandate of local authorities and does not unlawfully intrude upon national legislative competence over mining.
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Document type: Legal commentary
TASK TEAM ON MINING IN SENSITIVE AREAS: SUPPORT FROM NON-GOVERNMENT AND CIVIL SOCIETY ORGANISATIONS
The Minister of Water and Environmental Affairs acknowledges a proposal for collaboration from the Centre for Environmental Rights but declines a meeting until interdepartmental disputes between the Department of Environmental Affairs and the Department of Mineral Resources are resolved. The document details the failed attempt to create a single environmental management system via the 2008 amendments to NEMA and the MPRDA, noting that the Minister of Mineral Resources has not yet brought the MPRDA Amendment Act into effect. An interdepartmental task team is currently reviewing whether to implement the 2008 agreement as is, amend it to transfer functions to environmental authorities, or pursue alternative alignment. The Minister indicates that future opportunities for civil society contribution may arise following the finalisation of Delivery Agreements by September 2010 to identify areas where mineral development could be restricted under Section 49 of the MPRDA.
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Document type: Statement
Specific Instance Complaint to the Canadian National Contact Point – Goldcorp Inc.
The complaint, filed by the coalition Frente de Defensa San Miguelense (FREDEMI) and prepared by the Center for International Environmental Law (CIEL), argues that Goldcorp Inc. and its subsidiary Montana Exploradora de Guatemala, S.A. have violated human rights and environmental standards. Key allegations include the acquisition of communal indigenous lands without free, prior, and informed consent (FPIC), causing structural damage to homes via explosives, contaminating local water sources with arsenic and cyanide, and depleting water resources. The document also highlights a pattern of retaliation and criminalization of community protesters. FREDEMI requests that the Canadian National Contact Point investigate these claims and recommend that Goldcorp suspend operations, close the mine, and adopt a policy respecting indigenous consent.
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Document type: Report
Rapid Trade and Environment Assessment - National Report for Ecuador
The report analyzes the intersection of trade and environment in Ecuador, identifying key economic sectors with high growth potential and proposing policy measures to mitigate negative environmental impacts while enhancing positive ones.
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Document type: Report
The Africa South America Summit 27-28 September 2009
The second Africa South America Summit, held on Margarita Island, Venezuela, aimed to strengthen South-South cooperation as a counterweight to Northern influence. Key outcomes included the formalization of the Bank of the South to reduce reliance on the World Bank and IMF, the establishment of a Radio of the South, and joint mining ventures between Venezuela and several African nations. While Brazil reported a significant increase in bilateral trade from $6 billion in 2003 to over $36 billion by 2009, the summit was marked by ideological divisions, with some leaders pursuing a radical anti-imperialist agenda while others, including South Africa and Brazil, adopted a more nuanced approach to international relations.
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Document type: Research paper
China and Africa’s Natural Resources: The Challenges and Implications for Development and Governance
The document examines China's strategic pursuit of resource security in Africa, primarily focusing on oil and strategic minerals. It details the 'Angola mode' of infrastructure-for-resources deals and the complex internal bureaucracy of Chinese resource diplomacy. While acknowledging positive contributions to hard infrastructure, the paper highlights concerns regarding debt sustainability, environmental degradation, and the potential for 'no strings attached' loans to undermine governance reforms in neo-patrimonial regimes.
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Document type: Research paper
Natural Resource Governance, Boom and Bust: The Case of Kolwezi in the DRC
The document examines the cyclical nature of the copper and cobalt mining industries in Kolwezi, DRC, and how these fluctuations affect governance, social stability, and the environment. It highlights the state's weak capacity to manage mineral wealth, the tensions between industrial mining companies and artisanal miners, and the devastating socio-economic impact of the 2008 commodity price collapse.
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Document type: Research paper
Trade and Development: The rising importance of sustainable development in the trade agenda of Argentina
The report analyzes how sustainable development issues enter Argentina's trade and investment agenda, noting that external pressures are significant for environmental and food safety standards but less so for labor and climate change. It highlights Argentina's unique position due to its lack of north-south trade agreements and its low-polluting economic structure, while emphasizing the need for a holistic, coordinated approach to manage future international commitments and unilateral measures.
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Document type: Report
Declaración de Manila de la Conferencia Internacional sobre Industrias Extractivas y Pueblos Indígenas
The Manila Declaration outlines the severe environmental and human rights violations caused by extractive industries on Indigenous lands, calling for a moratorium on new projects and the mandatory application of Free, Prior and Informed Consent (FPIC).
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Document type: Statement
Rethinking Investments in Natural Resources: China's Emerging Role in the Mekong Region
The document analyzes China's economic engagement with Cambodia, Laos, and Vietnam, noting a trade structure dominated by Chinese imports of natural resources and exports of manufactured goods. It highlights the role of Chinese state-owned enterprises in hydropower, agribusiness, and mining, while noting a gap between China's stated willingness to adopt international best practices and the poor social and environmental track records of its companies abroad.
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Document type: Report
Competing for Business
The report examines how Southeast Asian countries use investment incentives to attract FDI and the resulting impacts on sustainable development. While incentives have contributed to economic growth and job creation in some nations, the report finds significant evidence of redundancy, where investments would have occurred regardless of incentives. It highlights the importance of a supportive overall investment environment over isolated incentives and notes that environmental impacts remain under-researched. The document also discusses regional investment competition, the 'China effect', and the role of bilateral and regional treaties in shaping investment regimes.
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Document type: Report
Rapid Trade and Environment Assessment (RTEA) / Evaluación rápida sobre comercio y ambiente - Informe Nacional de Ecuador
The report identifies a systemic conflict in Ecuador between export-led economic growth and environmental preservation. While the country possesses immense biodiversity, its economic model relies heavily on the intensive extraction of natural resources, often leading to severe ecosystem degradation. The analysis of five key sectors reveals that while trade liberalization and preferential access to markets (such as the US and EU) drive growth, they frequently exacerbate pollution and habitat loss. The document argues for a transition toward 'green markets' and the internalisation of environmental costs to ensure long-term sustainability.
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Document type: Report