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The Stakes for States in Defending Investment Treaty Arbitrations: A game of luck and chance?
The document argues that investment treaty arbitration is a high-stakes gamble for developing states because the system is structurally biased toward investors. While states may successfully defend claims on the merits, they rarely recover the substantial costs of arbitration, which often amount to several million dollars. The author highlights a disparity in cost allocation: successful investors are more likely to have their costs covered by the state than successful states are to recover costs from investors. This risk is further exacerbated for states because they cannot utilize 'no win no fee' arrangements or third-party financing, as they have no damages to claim.
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Document type: Research paper
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
Recent Developments in International Investment Agreements: Negotiations and disputes
The document analyzes the growth and modification of International Investment Agreements (IIAs), noting a trend toward more precise treaty language to preserve state regulatory space, particularly regarding environmental and labor standards. It also details the rise in investor-State disputes, highlighting that while states and investors have similar win rates in concluded cases, the financial stakes and costs of defense are increasing, with developing countries frequently appearing as respondents.
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Document type: Briefing
First Nations Carbon Collaborative—Indigenous Peoples and Carbon Markets: An annotated bibliography
The document serves as a resource for First Nations in Canada to navigate the economic opportunities and risks of carbon markets. It emphasizes that while global literature on indigenous peoples and carbon markets exists, there is a significant information void specifically regarding First Nations in Canada. The report argues that for indigenous participation to be equitable, governments must recognize carbon rights, obtain free, prior and informed consent, and adopt decentralized governance models that prioritize local employment over simple financial compensation. It also highlights the technical necessity of accurate carbon accounting, particularly in the boreal forest, where factors like insect infestations and soil moisture significantly impact carbon stock measurements.
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Document type: Report
SUBMISSION OF AMICI
The Amici (Fundación Pachamama and IISD) argue that the tribunal should dismiss Chevron's arbitration claims because they seek to interfere in a domestic civil case in Ecuador to which the State is not a party. They contend that the tribunal cannot act as a supervisory or appellate court over ongoing domestic proceedings, especially since Chevron previously agreed to the jurisdiction of Ecuadorian courts to avoid U.S. litigation. Furthermore, they argue that granting the requested relief would violate the international human rights of the indigenous plaintiffs in the Lago Agrio case by denying them access to justice and a fair judicial process.
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Document type: Legal commentary
The Plus Side
The report outlines how tropical forests can be transitioned from net carbon emitters to net sinks through the REDD+ framework. It details specific reforestation, restoration, and sustainable production forestry techniques, while emphasizing the necessity of 'additional' carbon benefits beyond business-as-usual baselines. The authors argue that achieving zero net emissions by 2030 requires a combination of reducing deforestation and scaling up sequestration activities, supported by international financial incentives and national policies that protect biodiversity and the rights of indigenous and local communities.
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Document type: Report
NATIONAL FUNDING ENTITIES
The document advocates for a shift in the UNFCCC financial paradigm from centrally managed resources to 'devolution,' where National Funding Entities (NFEs) identify needs and manage funds to ensure alignment with national development strategies. It argues that global institutions cannot address the varied complexities of local financing requirements, such as the different needs for energy efficiency versus REDD+ investments. The report surveys approximately 12 established and several developing NFEs, highlighting diverse models: Brazil uses a 'virtual institution' for the Amazon Fund and a law-based National Fund on Climate Change; Bangladesh utilizes a government-chaired board for its Climate Change Resilience Fund; and China employs a state-operated CDM Fund. It concludes that while many countries have the basic fiduciary capacity to manage funds, they lack the specific expertise for climate finance, necessitating targeted capacity-building support from international institutions.
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Document type: Report
New Storylines Emerging From Climate Negotiations
The document argues that the United States has lost its leverage in international climate negotiations due to its failure to enact domestic climate legislation and its opposition to the Kyoto Protocol. It highlights a growing divide between the U.S. and developing nations, particularly China, noting that China is investing more aggressively in clean energy despite U.S. pressure for mitigation commitments. The briefing also discusses a trade petition by the United Steelworkers against China's clean energy subsidies, suggesting this could trigger trade conflicts that undermine UNFCCC goals. It concludes by suggesting the U.S. should utilize the Bali Action Plan's carve-out to allow other developed nations to proceed with the Kyoto Protocol's second commitment period.
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Document type: Briefing
NATIONAL FUNDING ENTITIES
The document advocates for a shift in global climate finance from centrally managed models to a paradigm where national funding entities in developing countries identify needs and manage resources. It argues that local institutions are best equipped to handle the complex financial requirements of mitigation and adaptation and to mainstream these activities into national development strategies. The brief surveys various existing and emerging funds in countries such as Brazil, China, Indonesia, and Bangladesh, highlighting their diverse governance structures and funding sources. It concludes that while many countries are innovating, there is a significant need for capacity development to manage the intricacies of climate finance, and that international institutions should transition to a supportive role focused on technical assistance and risk mitigation.
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Document type: Policy brief
Classifying Ecosystem Services for Economic Valuation: the case of Forest Water Services
The paper examines the conceptual conflicts in classifying ecosystem services for economic valuation, specifically comparing the Millennium Ecosystem Assessment (MEA) framework with an output-based approach. Through an analysis of 25 valuation studies of tropical forest water services in Central and South America, the authors find that the MEA framework can lead to double counting and underestimation of values. They argue that valuation should focus on final outputs (benefits to humans) rather than ecological processes to ensure accuracy.
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Document type: Research paper
Annual Program (July 2010 – June 2011)
The Inter-American Institute for Global Change Research (IAI) planned a series of training institutes and science programs between July 2010 and June 2011, focusing on seasonal climate predictions, urban responses to climate change, and biodiversity in the Andes. Key initiatives included a MacArthur Foundation project to assess research and institutional needs for Andean biodiversity and a research internship program with IAI-INPE/CPTEC.
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Document type: Briefing
Food Security Policies in Latin America
The report examines how Latin American countries responded to the 2006–08 food price crisis, noting a prevalence of short-term 'coping' strategies over long-term 'curing' measures. While social programs in countries like Brazil and Mexico improved food access for the poor, trade-oriented responses often increased barriers, hindering regional cooperation. The document argues for a balanced approach that combines social protection with investments in agricultural research and development to address structural vulnerabilities.
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Document type: Report
Programa anual (julio 2010 a junio 2011)
The IAI's annual plan for 2010-2011 focuses on four training institutes, scientific synthesis meetings, and the implementation of the MacArthur Project concerning Andean biodiversity. Key activities include training on seasonal climate predictions in Argentina, city responses to climate change in Chile, and land-use changes in Paraguay. The scientific program includes hydrology and climate modeling, as well as a new proposal to the MacArthur Foundation regarding climate impacts on tropical Andean biodiversity. The plan also details a project to assess institutional and research needs in Bolivia, Ecuador, Peru, and Colombia to address climate effects on biodiversity.
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Document type: Briefing
IAI Directorate Report
The IAI Directorate Report details a period of significant scientific productivity contrasted with a severe core funding crisis caused by member country non-payments. While the institute successfully advanced research on ecosystem boundaries, urban emissions, and Andean biodiversity, it faced operational disruptions, including temporary salary halts and the cancellation of travel for international climate negotiations. The report emphasizes the transition of the IAI from a funding agency to an active participant in science-policy dialogue and highlights the need for sustainable financial commitments from member states.
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Document type: Report
Informe de la Dirección Ejecutiva del IAI
The IAI report for 2009-2010 highlights a transition toward active science communication and synthesis, despite severe financial crises caused by member state payment arrears. Scientific achievements include regional climate modeling for South American megacities, analysis of carbon loss in the La Plata Basin, and studies on Andean biodiversity and tropical cyclones. The institute also focused on capacity building through training institutes in Costa Rica, Argentina, and Chile, while managing critical infrastructure needs and diplomatic relations with host country Brazil.
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Document type: Report
DRAFT STANDARDS FOR RESPONSIBLE SHRIMP AQUACULTURE
The Shrimp Aquaculture Dialogue (ShAD) has developed a comprehensive set of draft standards for responsible shrimp aquaculture, focusing on seven core principles: legal compliance, environmentally suitable siting, community consideration, responsible labor practices, shrimp health management, broodstock and stock management, and resource efficiency. The standards employ a performance-based approach, defining acceptable impact levels rather than prescribing specific production methods, and are intended for the top 20 percent of farms globally. Key environmental requirements include the prohibition of siting in mangroves and natural wetlands (with limited exceptions for infrastructure), the mandate for Biodiversity inclusive Environmental Impact Assessments (BEIA), and strict limits on nutrient effluent loads (nitrogen and phosphorus). Social standards require participatory Social Impact Assessments (p-SIA) and adherence to ILO core conventions regarding child and forced labor. The document also outlines strict biosecurity measures to prevent disease and mandates the transition toward 100% closed-loop hatchery sourcing for Litopenaeus vannamei and Penaeus monodon. The standards are designed to be verified through third-party certification via the Aquaculture Stewardship Council (ASC).
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Document type: Report
Environmental Goods and Services Negotiations at the WTO: Lessons from multilateral environmental agreements and ecolabels for breaking the impasse
The report analyzes the impasse in WTO Doha Round negotiations regarding environmental goods and services (EGS), specifically the difficulty in defining and listing goods for tariff reduction. It proposes a framework for progress by examining the structures of the CITES, Rotterdam, and Stockholm Conventions, as well as the Energy Star, Marine Stewardship Council (MSC), and coffee sustainability labels. The authors recommend that the WTO avoid creating its own standards, instead referencing external scientific standards, establishing a technical advisory body, and incorporating flexibility through reservations and special treatment for developing countries.
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Document type: Report
Functional links of aboveground changes and belowground activity with land use (CRN2014)
The project examines the relationship between land use and cover change (LUCC), climate, and soil microorganisms, specifically arbuscular mycorrhizal fungi (AMF). Initial findings indicate that AMF species abundance shifts seasonally and that diversity and symbiotic ability decline significantly during warm and dry seasons, potentially disrupting the relationship with host plants. In the páramos region, this research has been applied to create bio-fertilizers that enhance potato growth.
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Document type: Fact sheet
Energy Security in South America
The report argues that while South America possesses vast energy resources, national regulations and a lack of multilateral frameworks prevent countries from achieving adequate energy security. It highlights that the region is well-positioned for a transition to a low-carbon economy but is hindered by a shift from an 'institutions-market' approach to an 'empire-regions' approach, where energy is used as a geopolitical tool. The author proposes the creation of a Multilateral Energy Security Reserve (RMSE) treaty to provide legal and pricing mechanisms for accessing regional reserves during supply crises. Brazil is identified as a key coordinator for this process due to its market size, oil resources, and leadership in renewables. Major obstacles to integration include the coordination of hydropower output, environmental licensing in the Amazon, and a legal deficit affecting private investment.
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Document type: Report
Beyond Barriers: The Gender Implications of Trade Liberalization in Latin America
The document examines how trade liberalization in Latin America has affected men and women differently, focusing on the 'feminization' of precarious jobs in non-traditional agro-exports and the urban labour market. It highlights a mismatch between available skills and market demand, leading to higher unemployment and underemployment for women. While some women gained bargaining power through new income sources, the overall impact on gender equity remains inconclusive due to data gaps and the overlapping effects of broader macroeconomic reforms.
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Document type: Research paper