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The State of Play in Vattenfall v. Germany II: Leaving the German public in the dark
The document examines the Vattenfall v. Germany II arbitration, initiated by the Swedish-owned energy company Vattenfall after Germany accelerated its nuclear power phase-out following the 2011 Fukushima disaster. Vattenfall is claiming compensation for the shutdown of the Krümmel and Brunsbüttel plants, with claims reported as high as 4.68 billion EUR. The briefing highlights a lack of transparency in the International Centre for the Settlement of Investment Disputes (ICSID) process, noting that procedural orders and submissions remain confidential despite the significant public funds at stake. It argues that ICSID rules do not mandate confidentiality and that the public interest in environmental and energy policy should justify the release of case documents.
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Document type: Briefing
MONEY TALKS
The Centre for Environmental Rights (CER) reports that PAIA is poorly implemented in South Africa, with public bodies frequently refusing environmental information requests by citing the protection of third-party commercial interests. While some departments like the DEA show consistency, others like the DMR and various municipalities exhibit high refusal rates and poor response times. The report highlights a specific lack of transparency regarding oil refinery atmospheric emission licences and details litigation used to compel the disclosure of environmental records from corporate polluters.
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Document type: Report
Transparency in the Common Fisheries Policy
The document examines how transparency serves as a compliance mechanism in EU fisheries management. It analyzes the legal obligations of EU institutions and Member States under the Treaty on European Union, the Access to Information Regulation, and the Aarhus Convention, specifically as they apply to the CFP, EMFF, and CMO. The briefing identifies specific publicity and reporting requirements, such as the Union fishing fleet register and MSY progress reports, while recommending greater transparency regarding the names of natural persons receiving EMFF funding and mandatory production method labelling for aquaculture products.
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Document type: Briefing
Practitioners’ Workshop on Intended Nationally Determined Mitigation Contributions
The document outlines methodological approaches for aligning national mitigation pledges with global temperature targets, discusses the challenges of integrating equity into these pledges, and proposes a minimum list of upfront information to ensure transparency in INDC reporting.
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Document type: Briefing
Comments on the Draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the draft National Atmospheric Emissions Inventory System (NAEIS) Reporting Regulations. The CER argues that the draft regulations contain overly broad confidentiality restrictions that hinder public access to emissions data, contradicting international best practices and South African constitutional and statutory principles.
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Document type: Statement
Joint Statement: Mining Lekgotla Fails to Acknowledge and Address Key Challenges in South Africa’s Extractive Sector, say Rights Groups
The Centre for Environmental Rights, Centre for Applied Legal Studies, and the Open Democracy Advice Centre argue that the 2014 Mining Lekgotla and similar industry forums exclude critical stakeholders and lack transparency. They highlight the difficulty of accessing essential environmental and mining documents and call for more inclusive governance to ensure natural resources benefit all South Africans.
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Document type: Statement
The Path to Paris, Part 1: Bonn Climate Change Conference, March 10-14, 2014
The March 2014 Bonn Climate Change Conference served as the first negotiating session of the year for UNFCCC Parties to identify elements for a new universal climate agreement and exchange views on intended nationally-determined contributions (INDCs).
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Document type: Report
CIVIL SOCIETY SUBMISSION TO THE GREEN CLIMATE FUND ON ACCREDITATION, SAFEGUARDS AND FIDUCIARY STANDARDS
The document argues that the GCF's proposed safeguards are insufficiently detailed and overly reliant on the IFC Performance Standards, which the authors claim do not represent international best practice. It advocates for a differentiated accreditation system based on project risk levels, the adoption of a mandatory 'do no harm' principle, and the creation of an 'exclusion list' for high-risk activities such as fossil fuel extraction. The submission emphasizes that environmental, social, and gender safeguards must be developed with the same rigor and independent oversight as fiduciary standards, specifically calling for mandatory requirements on land tenure, indigenous peoples' free, prior and informed consent, and gender-responsive stakeholder engagement.
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Document type: Statement
Donuts, Deodorant, Deforestation
The report evaluates 30 companies on their palm oil sourcing policies, finding that while some leaders like Nestlé and Unilever have strong commitments, many others rely on inadequate RSPO standards or have no commitments at all. It highlights the severe climate impact of palm oil production, particularly in Indonesia and Malaysia, where peatland drainage and forest clearing release massive amounts of carbon dioxide. The authors argue for a new industry standard requiring traceable, deforestation-free, and peat-free palm oil to protect biodiversity and mitigate global warming.
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Document type: Report
14.02.14.WB-let-with-BIC.pdf
The document is a formal request to World Bank President Jim Yong Kim to reinstate B-SPAN, a webcasting system launched in 2000 that streamed unedited policy dialogues to the public. The authors argue that B-SPAN is essential for knowledge sharing and transparency, countering Bank officials' claims that there is low interest in lengthy policy discussions. They propose starting with the webcasting of civil society sessions at Bank-IMF meetings to help achieve the goal of ending extreme poverty by 2030.
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Document type: Statement
Joint Statement by Accountability Counsel, Amnesty International, ARTICLE 19, CEE Bankwatch Network, Center for International Environmental Law, Centre for Research on Multinational Corporations (SOMO), and Human Rights Watch
The document critiques the EBRD's draft Environment and Social Policy for removing commitments to international human rights law, limiting transparency, and failing to implement robust human rights due diligence. It specifically highlights concerns regarding forced evictions, the definition of indigenous peoples, and gaps in the Project Complaint Mechanism (PCM).
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Document type: Statement
De minimis aid in the fishery and aquaculture sector
ClientEarth argues against the introduction of de minimis aid in the fishery and aquaculture sector, stating that the European Maritime and Fisheries Fund (EMFF) should be the sole source of structural aid to prevent the circumvention of rules designed to combat overfishing and overcapacity. If the proposal proceeds, ClientEarth recommends reducing the Member State aid ceiling to 0.5% of annual sector output and lowering the individual beneficiary limit to EUR 15,000 over three years. They further propose that de minimis aid must not cover operations ineligible under the EMFF, such as vessel decommissioning, and call for the creation of a publicly accessible electronic list of all aid beneficiaries to ensure transparency.
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Document type: Statement
The Plumbing of Adaptation Finance: Accountability, Transparency, and Accessibility at the Local Level
The paper analyzes adaptation finance flows in four developing countries, finding that while governments are the primary recipients, there is a lack of transparency regarding target geographies and project details. It highlights a gap between the formal inclusion of local government in coordination and the actual participation of local stakeholders, while noting that equity and gender considerations are primarily donor-driven.
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Document type: Research paper
Open letter to Dr Jim Yong Kim, President concerning IFC investment in the financial sector
An open letter from civil society organisations to Dr Jim Yong Kim arguing that the IFC's action plan for financial sector lending fails to address critical gaps in accountability and risk management. The authors highlight that the IFC cannot currently determine if financial intermediary investments cause harm to the environment or local communities, despite these investments accounting for nearly 20 per cent of World Bank Group annual commitments. They call for a fundamental rethink of the IFC's investment strategy, including independent input and participatory consultation with affected communities.
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Document type: Statement
The Right to Access Information in the Forest sector
The document examines the legal protections for access to information in Ghana's forest sector, noting a gap between constitutional rights and operational enforcement. It details specific obligations of the Forestry Commission and the goals of the 2012 Forest and Wildlife Policy, while reviewing international instruments like the African Charter and the EU-Ghana VPA.
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Document type: Briefing
New UNCITRAL Arbitration Rules on Transparency: Application, Content and Next Steps
The report examines the UNCITRAL Rules on Transparency adopted in July 2013, which shift the presumption in investor-State arbitration from privacy to openness. It details the rules' application—default for treaties concluded after April 1, 2014, and 'opt-in' for earlier treaties—and outlines mandatory disclosures of notices, documents, and hearings. The document also discusses the role of the UN Secretary-General as the information repository and suggests next steps, including the development of a transparency convention to facilitate broader adoption.
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Document type: Report
Mapping Options for a Voluntary Peer Review of Fossil-Fuel Subsidy Reform within the G-20
The document explores the use of peer review as a 'soft law' tool to improve transparency, accountability, and mutual learning among G-20 nations regarding fossil-fuel subsidy reform (FFSR). It analyzes existing peer-review models from the OECD, APEC, and WTO, proposing three potential structures for the G-20: country-only, third-party, or hybrid reviews. The author argues that the G-20's relative informality and homogeneity make it a suitable forum for such a mechanism, provided a balance is struck between external accountability and internal trust.
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Document type: Briefing
Oral comments at public hearing on the Transatlantic Trade and Investment Partnership (TTIP)
The Center for International Environmental Law (CIEL) warns that TTIP's push for regulatory cooperation on chemicals may weaken environmental and health protections by favoring the U.S. risk-based approach over the EU's hazard-based REACH regulation. CIEL highlights that REACH drives innovation toward safer alternatives and that the externalized costs of chemical pollution far outweigh the costs of regulation. The statement also cautions against strengthening trade secret protections and calls for greater transparency and public participation in the TTIP negotiation process.
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Document type: Statement
Towards Understanding South Africa’s Differing Attitudes to the Extractive Industries Transparency Initiative and the Open Governance Partnership
The research investigates why South Africa is a founding member of the Open Government Partnership (OGP) but remains absent from the Extractive Industries Transparency Initiative (EITI). It argues that the South African government's justifications—namely the existence of the Promotion of Access to Information Act (PAIA) and the Mineral and Petroleum Resources Development Act (MPRDA)—are insufficient because these frameworks do not provide the specific, multi-stakeholder corporate-state payment reconciliation that the EITI requires. The author suggests that South Africa's reluctance is partly ideological, tied to perceived double standards in the global North, and that the country may only join the EITI if it sees it as a means to bolster its status as an emerging global power.
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Document type: Research paper
Aligning NPOA with Other Frameworks for National Development: A Formula to Revitalise Forward-looking, Broad-based and Participatory Development in Africa?
The policy briefing addresses the declining momentum of the African Peer Review Mechanism (APRM) and its National Programmes of Action (NPOA). It identifies causes for this decline, such as lack of interest from heads of state and insufficient financial support, and proposes reviving the process by integrating NPOA into National Developmental Plans (NDPs) and collaborating with African Union organs and regional economic communities.
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Document type: Policy brief