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Performance Requirements in Investment Treaties
The report examines the role of performance requirements (PRs) in foreign direct investment, analyzing how their prohibition in bilateral investment treaties (BITs) and the WTO TRIMs Agreement restricts the ability of host states—particularly developing countries—to achieve sustainable development goals. It contrasts traditional BITs, which are silent on PRs, with a growing minority of 'TRIMs+' treaties that impose broader prohibitions. Through the analysis of investment tribunal cases like Mobil Oil v. Canada and Lemire v. Ukraine, the document highlights the unpredictability of legal interpretations. It concludes by offering policy options for states to maintain their regulatory sovereignty, such as avoiding PR prohibitions in treaties or using specific carve-outs and grandfathering clauses.
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Document type: Report
Les prescriptions de résultats dans les traités d’investissements
The document examines performance requirements (PR)—stipulations imposed on investors to achieve specific development goals—and the legal constraints placed upon them by the WTO's TRIMs Agreement and various Bilateral Investment Treaties (BITs). It highlights a growing trend, led by Canada and the United States, toward broader prohibitions of PRs (MIC+ clauses) that extend to pre-establishment phases. Through the analysis of cases like Lemire v. Ukraine and Mobil Oil v. Canada, the guide illustrates the unpredictability of investment tribunals in interpreting these prohibitions. It concludes by offering strategic options for developing nations to maintain their regulatory space, such as avoiding PR prohibitions in BITs or explicitly excluding certain sectors and mechanisms from such restrictions.
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Document type: Guide
South Africa and China: The Making of a Partnership
The relationship between South Africa and China has evolved from formal diplomatic recognition in 1998 to a 'comprehensive strategic partnership' by 2010. While bilateral trade has grown rapidly, with China becoming a primary trading partner, the structure remains imbalanced, characterized by South African raw material exports and Chinese manufactured imports. Investment patterns are unique compared to other African nations, with South African firms historically investing more in China than vice versa, although Chinese FDI is increasing in mining and infrastructure. Diplomatic cooperation is strong in multilateral forums like BRICS and the UN Security Council, though tensions exist regarding commercial competition and public perceptions of Chinese business practices.
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Document type: Research paper
STATEMENT OF CARROLL MUFFETT, PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) IN RESPONSE TO ADDITIONAL QUESTIONS FOR THE RECORD
CIEL argues that TTIP would allow the chemical industry to weaken safety regulations and limit access to critical health and safety data. The statement highlights the divergence between the U.S. risk-based approach and the EU's hazard-based REACH system, asserting that regulatory harmonization would likely result in lower standards. CIEL also warns that Investor-State Dispute Settlement (ISDS) mechanisms would enable corporations to bypass domestic courts and challenge public interest laws, creating a 'regulatory chilling effect'.
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Document type: Statement
Achieving Sustainable Development Goals (SDGs) Through Transformative Governance Practices and Vertical Collaboration at the National and Subnational Levels in Asia Pacific
The document analyzes the gap between current and ideal governance practices for sustainable development in Asia-Pacific, focusing on multistakeholder processes, vertical and horizontal integration, and monitoring and evaluation. It identifies a prevalence of 'silo' approaches where sustainable development is managed primarily by environment ministries and recommends a comprehensive capacity-building agenda to improve long-term strategic planning, data quality, and subnational implementation.
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Document type: Report
Lessons Learned: Fossil Fuel Subsidies and Energy Sector Reform in the Philippines
The Philippines successfully phased out most consumer energy subsidies by deregulating the downstream oil industry in 1998 and restructuring the electricity sector via the Electric Power Industry Reform Act of 2001. To manage the social impacts of these reforms, the government implemented targeted measures including the Pantawid Pamilya Pilipino Program (4Ps) conditional cash transfers, lifeline electricity rates, and the Pantawid Pasada program for public transport operators. While the country has attracted private investment and improved energy efficiency, it continues to face challenges such as high electricity rates, power shortages in Mindanao, and fuel smuggling.
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Document type: Report
Trans-Pacific Partnership Agreement: Its Impact on India and Other Developing Nations
The document argues that mega-FTAs like the TPP and TTIP are creating a new global regulatory regime characterized by higher standards in labor, environment, and intellectual property. For non-members like India, these agreements may create trade diversion and higher barriers to entry into global value chains (GVCs). The author emphasizes that India must upgrade its domestic policy framework and producer capacities to meet these escalating standards to avoid being isolated from international investment and markets.
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Document type: Research paper
Offener Brief an die MinisterInnen und Abgeordneten der UNFCCC Unterzeichnerstaaten
The document is an open letter addressed to ministers and delegates of UNFCCC signatory states, urging them to adopt ambitious climate protection measures and stop the use of emissions trading to weaken climate commitments. The signatories, representing 33 countries, demand the rejection of a pilot phase for emissions unit trading under the Framework for Various Approaches (FVA), the prevention of double counting, and the exclusion of non-additional projects and coal from the Clean Development Mechanism (CDM). They also call for the cessation of fossil fuel subsidies and the implementation of human rights safeguards in climate projects.
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Document type: Statement
Statement of Center for International Environmental Law (CIEL)
The Center for International Environmental Law (CIEL) warns that TTIP may hinder public health and safety goals by promoting regulatory harmonization and mutual recognition that could lower chemical safety standards. The document highlights the divergence between the EU's hazard-based REACH approach and the US's risk-based TSCA approach, arguing that trade-driven 'regulatory coherence' often results in a 'lowest-common denominator' outcome. It further cautions against investor-state dispute settlement (ISDS) mechanisms, which could allow corporations to sue governments over environmental laws, and warns that TTIP could preempt protective sub-national regulations in the US and EU. Finally, it suggests that a US-EU agreement could negatively influence the development of chemical regulations in other regions, such as the BRIICS countries.
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Document type: Statement
SOCIAL AND ENVIRONMENTAL IMPLICATIONS OF NANOTECHNOLOGY DEVELOPMENT IN ASIA-PACIFIC
The report provides a comprehensive overview of nanotechnology's expansion across Asia-Pacific, detailing national initiatives in countries such as India, China, Japan, and Australia. It highlights a critical gap between rapid commercialization and the lack of specific regulatory frameworks to manage health and environmental risks. The document details potential hazards, including the asbestos-like pathogenicity of carbon nanotubes and the ecotoxicity of silver and zinc oxide nanoparticles. It further analyzes the potential for nanotechnology to displace employment through product multifunctionality and increased durability. Finally, it discusses the role of the Strategic Approach for International Chemical Management (SAICM) in establishing global guidance for the sound management of manufactured nanomaterials.
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Document type: Report
STATEMENT OF CARROLL MUFFETT PRESIDENT AND CEO CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW (CIEL) ON BEHALF OF CIEL, FRIENDS OF THE EARTH AND SIERRA CLUB BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUB-COMMITTEE ON COMMERCE, MANUFACTURING AND TRADE HEARING ON THE U.S. – E.U. FREE TRADE AGREEMENT: TIPPING OVER THE REGULATORY BARRIERS
The document warns that TTIP may prioritize trade interests over public health by promoting regulatory harmonization and mutual recognition that could lower chemical safety standards in the U.S. and EU. It specifically contrasts the EU's hazard-based REACH regulation with the U.S.'s risk-based TSCA approach, arguing that mutual recognition would effectively erase protections for chemicals restricted in only one jurisdiction. The author also cautions against investor-state dispute settlement (ISDS) mechanisms, which could allow corporations to sue governments over public interest laws, and warns that TTIP could preempt protective sub-federal or sub-regional laws. Finally, the statement suggests that a low-standard TTIP could chill the development of stringent chemical regulations in other regions, such as the BRIICS countries.
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Document type: Statement
The Foreign Policy of Senegal Since 2000
The document analyzes Senegalese foreign policy under President Abdoulaye Wade (2000–2012) and the transition to President Macky Sall. It highlights a shift from 'classical' diplomacy led by the Ministry of Foreign Affairs toward a more technical, economy-centered approach involving non-state actors and specialized ministries. The paper emphasizes the 'hyper-power' of the presidency over the legislature and judiciary in external affairs. Key trends include a realignment toward emerging economic powers like China and Dubai, a revival of Pan-Africanist goals through the African Union and Nepad, and a high degree of personalization in diplomacy under Wade. Following the 2012 election, the author notes a return to traditional diplomacy, characterized by restored ties with France and improved relations with neighbors like Gambia and Mauritania.
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Document type: Research paper
Case Study: Taiwan Trading Carbon across Jurisdictions
The document examines how Taiwan can engage with international carbon markets despite not being a party to the UNFCCC or the Kyoto Protocol. It analyzes formal eligibility requirements and material 'market readiness' conditions across various systems, including the EU ETS, RGGI, WCI, and others. The study suggests that while formal treaty-based access is restricted, Taiwan can utilize indirect participation, bilateral cooperation, and the development of a robust domestic cap-and-trade system with absolute targets to facilitate future linkage.
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Document type: Case study
MALARIA NO MORE: EXPECTATIONS FOR ERADICATION
The document argues that eradicating malaria in Africa by 2025 would prevent 12 million deaths and increase the continent's economic output by nearly US$ 430 billion by 2050. Using the International Futures (IFs) tool, the authors compare a 'Base Case' of continued current efforts against a 'Malaria Eradication' scenario. They find that while eradication would lead to a slight population increase, this would be tempered by declining fertility rates resulting from lower infant mortality. The brief highlights that the economic gains, driven by increased productivity and reduced disability, would far outweigh the high costs of eradication campaigns and vaccine development.
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Document type: Policy brief
Review of Trade in Ornamental Coral, Coral Products and Reef Associated Species to the United States
The United States is the world's largest importer of coral reef-associated species, with a market share of approximately 63% of global imports. Analysis of trade data from 2000 to 2009 reveals a five-fold increase in coral product imports and a steady annual import of roughly 15 million marine tropical fish. The report highlights the prevalence of destructive collection methods, such as cyanide use, and the overexploitation of specific species like the Banggai cardinalfish, seahorses, and giant clams. It argues that the U.S. should leverage its purchasing power to establish sustainability standards and improve data specificity to protect vulnerable marine ecosystems.
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Document type: Report
AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
The report examines the status of ICCAs in Taiwan, highlighting a systemic lack of formal legal recognition for indigenous customary land and resource rights. While the Basic Act of Indigenous Peoples (2005) provides some theoretical recognition, state agencies—particularly the Forestry Bureau—remain reluctant to share decision-making power. The document details several community-led conservation successes, such as the Danayiku Nature Park and the Smangus village's collective management, and notes a positive shift in judicial trends where courts have begun to recognize traditional territories.
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Document type: Report
Reforming Over-the-Counter Markets: The role of central counterparties
The document examines the transition of over-the-counter (OTC) derivatives markets toward central clearing via central counterparties (CCPs) following the 2007–2008 financial crisis. While CCPs can enhance stability by reducing counterparty credit risk and price volatility, the author argues they may introduce new systemic risks, such as destabilizing margin calls and the potential for CCP insolvency. The paper concludes that current regulatory efforts, including the Dodd-Frank Act and EU regulations, are reallocating rather than reducing risk, and warns that a loophole for 'individually negotiated' contracts could lead to further deregulation.
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Document type: Research paper
CIVIL SOCIETY LETTER TO THE CDM POLICY DIALOGUE PANEL
The document argues that the Clean Development Mechanism (CDM) has failed its dual goals of reducing emissions and promoting sustainable development. It highlights that 40-70% of projects are non-additional, meaning they would have occurred without CDM registration, and that many projects cause social and environmental harm. The signatories call for the exclusion of fossil fuel and large hydro projects, the implementation of 'do no harm' assessments, and the creation of meaningful public participation and grievance mechanisms.
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Document type: Statement
China’s Growing Involvement in Chad: Escaping Enclosure?
Since resuming diplomatic ties in August 2006, China has significantly expanded its presence in Chad, primarily through the China National Petroleum Corporation's (CNPC) Rônier project. This venture, which includes a refinery and pipeline, represents a shift from previous Western-led oil projects by integrating upstream and downstream production to enhance Chad's domestic energy capacity. Beyond oil, China is funding infrastructure such as a cement factory, an international airport, and a railway network. However, the relationship faces tensions over the economic viability of the refinery versus President Idriss Déby's social promises of affordable fuel. Additionally, China's engagement is entangled in regional security dynamics involving Sudan and Darfur, while relying on French military presence for stability.
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Document type: Research paper
Analyses of the effectiveness of trading in EU-ETS
The report evaluates the first two phases of the EU ETS, finding that while it successfully capped emissions, its actual abatement impact was modest (40–80 MtCO2/yr) and heavily influenced by the 2008-2009 financial crisis. It notes that the system failed to drive large-scale long-term low-carbon investment due to price volatility and over-allocation. The analysis also highlights significant 'windfall profits' in the power and industrial sectors resulting from free allowance allocations and the pass-through of carbon costs to consumers. The document concludes by suggesting strengthening measures such as price floors and set-asides, and reviews similar emerging schemes in jurisdictions like Australia, China, and the USA.
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Document type: Research paper