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More Democratic Legitimacy through Civil Society Involvement in the UNFCCC Negotiations
The author examines the impact of civil society organizations (CSOs) on the democratic legitimacy of UNFCCC negotiations. While CSOs are widely integrated into delegations and observer roles, survey experiments indicate that citizens do not necessarily perceive their presence as an automatic improvement in transparency, representation, or effectiveness. However, the removal of CSOs from delegations leads to a dramatic decrease in perceived legitimacy, suggesting that their inclusion is essential for maintaining public support for global climate governance.
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Document type: Research paper
Corporate Governance of State-Owned Extractive Companies: What Uganda Can Learn From Norway
The document argues that Uganda's current legal framework, specifically the Companies Bill of 2009 and the Petroleum Bills of 2012, is insufficient for the governance of its proposed national oil company (NOC) because it focuses on shareholders rather than a broader range of stakeholders. By contrasting this with Norway's model—which utilizes the Department of State Ownership to enforce transparency, performance targets, and independent board control—the author recommends that Uganda enact mandatory corporate governance guidelines for SOEs and establish a central supervisory institution to prevent corruption and government interference.
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Document type: Policy brief
The latest on our work on transparency in environmental governance in South Africa
The report finds a decline in the actual disclosure of environmental records in South Africa during 2012, despite a decrease in requests being ignored. While public bodies showed more active engagement with PAIA requests, active refusals increased and full grants dropped. Private companies shifted from ignoring requests to actively refusing them, often challenging the legal right of non-governmental organisations to monitor environmental compliance. Significant non-compliance was noted regarding PAIA Manuals and statutory reporting to the South African Human Rights Commission, particularly within the Department of Mineral Resources.
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Document type: Report
It’s Time for the National Programme of Action
The policy note examines the role of National Programmes of Action (NPOAs) as the primary output of the African Peer Review Mechanism's (APRM) country self-assessment process. It argues that while NPOAs are critical for transparency, accountability, and participatory development, they have been neglected due to a loss of interest in the APRM process and the declining role of National Governing Councils. The author proposes reviving NPOAs by identifying champions, creating channels of influence, finding synergies with African Union structures like NEPAD, and integrating NPOAs with national budgets and development plans.
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Document type: Policy brief
President Obama Elected to a Second Term
The World Resources Institute calls on the re-elected President Obama to establish a strong national climate and energy strategy, including carbon pricing and stricter emissions standards for power plants, to move beyond a 'piecemeal approach' and secure a competitive position in the $2.3 trillion clean energy market.
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Document type: Statement
Locating Accountability
The document examines the conceptual challenges of 'accountability' within global governance, arguing that the term is often conflated with legitimacy, transparency, and democratic accountability. It critiques the 'standard approach'—which focuses on vertical power lines and punitive sanctions—and proposes a shift toward 'accountability to mandate' and 'promise-keeping.' The author emphasizes that accountability should be analyzed through both substantive (meeting objectives) and procedural (how the organization works) lenses. The paper also explores the 'polycentric' nature of global governance, where overlapping accountability regimes can lead to 'multiple accountabilities disorder' (MAD) and a 'regulatory trilemma' between efficacy, responsiveness, and coherency.
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Document type: Research paper
The effectiveness of financial disclosure regulations as an anti-corruption tool in local government
The paper assesses the implementation of financial disclosure regulations for municipal councillors in South Africa, finding that while laws are progressive, practical application is inconsistent across municipalities. Key failures include poor record quality, low compliance in some areas, restricted public access to information, and a lack of proactive monitoring and oversight. The authors argue that the current system focuses on formal compliance rather than the substantive detection of irregularities, which allows corruption in public procurement to persist. The document provides case studies of municipal corruption and recommends standardising disclosure templates, digitising submissions, and strengthening internal investigative capacities.
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Document type: Research paper
Designing Effective REDD+ Safeguard Information Systems: Building on existing systems and country experiences
The document argues that REDD+ safeguard information systems (SIS) do not necessarily require the creation of new mechanisms or indicators, as they can be built upon existing national and international reporting architectures. It highlights research conducted across eight existing systems and early actions in five specific countries to identify lessons for ensuring transparency, consistency, and accessibility in safeguard reporting.
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Document type: Policy brief
Submission to Working Group II on International Arbitration
The International Institute for Sustainable Development (IISD) submits proposed revisions to the UNCITRAL draft rules on transparency in investor-State arbitration. The submission focuses on expanding the scope of application to existing treaties, mandating the public disclosure of a wide range of case documents, establishing public hearings as the default rule, and tightening the criteria for confidentiality and 'integrity of the process' exceptions to prevent broad tribunal discretion from undermining transparency.
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Document type: Statement
letter-expressing-concern-over-recast-of-regulation-1049-2001-on-access-to-documents-coll-en-2e8970a740ca06e8.pdf
The document is a letter from ClientEarth and a coalition of NGOs to the Council Presidency and Member States, warning that the proposed recast of Regulation 1049/2001 could undermine transparency and violate international standards, including the Aarhus Convention. While welcoming the extension of rules to all EU bodies and proactive publication of legislative documents, the authors criticize several proposals: a restrictive definition of 'document', the introduction of 'block exceptions' for certain classes of documents, a presumption that transparency undermines legal advice, and the allowance of national exceptions. They also argue that new exceptions for staff selection and contracts increase corruption risks, that privacy protections lack a proper public interest balance, and that proposed time limits for requests (up to 80 working days) are excessive. Finally, the letter criticizes the closed nature of the 'trialogue' negotiation process.
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Document type: Statement
No compromise on citizens’ right of access to EU documents
The document is a statement from a coalition of NGOs expressing serious concerns over the 'trialogues' negotiations regarding the revision of Regulation 1049/2001. While welcoming the extension of rules to all EU bodies and proactive publication of legislative documents, the authors argue that the Council's proposal would severely limit the right of access in ways inconsistent with international standards. They specifically oppose the introduction of 'block exceptions', a restrictive definition of 'document', and new exceptions for staff selection and contract awards, which they claim increase the risk of corruption. The coalition calls for the European Parliament to maintain its first reading position to ensure transparency and accountability within EU institutions.
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Document type: Statement
WHAT IS A DEVELOPMENT FINANCE INSTITUTION?
The document examines how DFI lending through financial intermediaries (FIs) reduces transparency, weakens environmental and social safeguards, and often fails to reach the poorest populations compared to direct investment. It highlights specific cases of land disputes and environmental degradation in India and Brazil, and recommends that DFIs prioritize local ownership, increase public disclosure of sub-projects, and implement stricter due diligence focused on development impact.
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Document type: Briefing
DEALING WITH DISCLOSURE: IMPROVING TRANSPARENCY IN DECISION-MAKING OVER LARGE-SCALE LAND ACQUISITIONS, ALLOCATIONS AND INVESTMENTS
The report argues that secrecy in large-scale land deals drives bad governance and human rights abuses. It proposes a precautionary principle of "if in doubt, disclose" and identifies four critical entry points for transparency: participatory land use planning, free prior and informed consent (FPIC), public disclosure of all contracts, and independent multi-stakeholder oversight.
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Document type: Report
Multilateral Environmental Agreements Annotated Bibliography
The document is an annotated bibliography covering various scholarly and policy works on multilateral environmental agreements (MEAs). It examines themes of compliance, accountability, and the role of non-governmental organizations (NGOs) in global governance. A significant portion of the text analyzes the 'interplay' between MEAs and the WTO, noting how trade restrictions can either 'chill' environmental negotiations or serve as effective enforcement tools, as seen in the Montreal Protocol. It also details the specific compliance mechanisms of the Kyoto Protocol, CITES, and the Basel Convention, while highlighting the challenges of climate finance and the need for transparency in the EU's financial commitments to developing countries.
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Document type: Report
A Critical Opportunity for Transparency in Investor–State Disputes as Government Delegations and Arbitration Experts Meet in New York
The briefing highlights the lack of transparency in international arbitrations between foreign investors and sovereign governments, noting that many proceedings are conducted behind closed doors. It warns that proposed limitations by some delegations could render new UNCITRAL transparency rules irrelevant by preventing their application to existing and future treaties.
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Document type: Briefing
Going public to improve investment in agriculture
The briefing examines the surge of foreign agricultural land investments since 2008 and the subsequent lack of transparency in host government contracts. It argues that secrecy undermines accountability and human rights, while highlighting countries like Liberia that have implemented transparency legislation to improve governance without deterring investment.
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Document type: Briefing
Transparency in the Dispute Settlement Process: Country best practices
The document addresses the historical lack of transparency in investor-state arbitrations, noting that this opacity often results from treaties being silent on confidentiality. It highlights a growing trend where states are inserting specific transparency provisions into their treaties to increase public access to information. The text focuses on the approaches of specific nations including Canada, the United States, Chile, Singapore, Australia, and New Zealand, as well as regional agreements like NAFTA and COMESA.
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Document type: Guide
Ensuring Transparency in Investor-State Dispute Resolution under UNCITRAL Arbitration Rules
The policy brief by CIEL and IISD advocates for the UNCITRAL Working Group II to establish formal rules on transparency for investor-state arbitrations. It argues that existing 1976 and 2010 UNCITRAL rules are designed for private commercial disputes and fail to ensure the openness required for disputes involving state responsibilities and human rights. The authors propose that these rules be integrated as an annex to the general UNCITRAL rules and apply to both existing and future treaties. Key proposed elements include public notice of arbitration, the publication of tribunal documents and awards, open public hearings, and a mechanism for amicus curiae submissions from interested non-parties.
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Document type: Policy brief
PAIA Civil Society Network Shadow Report: 2011
The report finds that while civil society usage of PAIA for strategic advocacy has increased, the performance of information holders has declined, characterized by a high rate of 'deemed refusals' and a lack of affordable appeal mechanisms.
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Document type: Report
Legislative briefing Recast of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission’s documents
ClientEarth argues that the Commission's proposal to recast Regulation 1049/2001 restricts transparency through a narrower definition of 'document' and new exceptions for dispute settlement proceedings. The briefing calls for the regulation to be updated in line with the Lisbon Treaty, Court of Justice case law, and the Aarhus Convention to ensure broader public access to EU institutional information, including legal advice in legislative processes and environmental data.
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Document type: Briefing