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IISD | Economic Law and Policy Program
How IISD's Economic Law and Policy Program is advancing sustainable and equitable development

FEBRUARY 2019

 

Dear colleagues,

At least 121 people are dead and hundreds are still missing at the Córrego do Feijão iron mine, operated by Brazilian mining giant Vale in the southeastern state of Minas Gerais. The incident happened after a dam collapsed in late January and released tonnes of toxic sludge. Unfortunately this is not the first time that Brazil has experienced this type of loss: the 2015 Mariana dam collapse marked the worst environmental disaster in the country's history to date. Since then, the government reportedly failed to enact legislation to improve policies for securing dams, leading to this latest tragedy. Last week’s dam collapse is yet another wake-up call for governments to update their laws and policies to avoid such disasters.

This week, at South Africa’s largest mining conference, Indaba, our experts from the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF) are organizing the Mining Indaba Roundtable Sustainability Forum, where we will focus on environmental and social impact assessments (ESIA) and management in the mining sector. IGF members chose this theme as a primary area of focus for the IGF in 2017, recognizing the need to develop effective tools and processes that are not just about ‘ticking the box’, but about increasing transparency and preventing catastrophes, and putting people and the environment above pure economic considerations.

Nathalie Bernasconi-Osterwalder
Group Director, Economic Law and Policy Program

PUBLICATIONS
The lack of rural infrastructure is an important driver of vulnerability for people living in rural areas. Our new report explores the importance of financing infrastructure that helps connect farmers to markets and links agricultural and non-agricultural communities.
Our policy roadmap demonstrates how mandatory climate risk disclosure and actions by the Canadian government and financial actors can empower meaningful climate action.
We explore blockchain-based solutions to financing sustainable infrastructure in our tokenization report.
Our latest issue of Investment Treaty News (ITN) highlights multilateral investor-state dispute settlement (ISDS) reform, corporate social responsibility clauses in investment treaties and more.

Suzy Nikièma examines the issues and challenges for mining sector governance that can arise from the legal frameworks surrounding environmental and social impact assessments (ESIAs).

We propose a “Treaty on Sustainable Investment for Climate Change Mitigation and Adaptation” to facilitate a larger shift toward low-carbon investment projects.

ON THE GROUND IMPACT
Our mining team is currently in Jamaica, conducting a Mining Policy Framework (MPF) assessment. This assessment will identify opportunities for the Government of Jamaica to continue working towards its Vision 2030 strategy and contribute to the Sustainable Development Goals (SDGs).

We applied our Sustainable Asset Valuation (SAVi) methodology to identify the most effective ways to reduce environmental pressures and increase social benefits on Lake Dal in India.

Our agricultural investment team is currently in Eastern Africa working on developing contract templates and designing internal processes for advancing sustainable agricultural practices with one of our partner governments.
 
COMMENTARY

THE HIGH COST OF "DE-RISKING" INFRASTRUCTURE FINANCE


What does the term “de-risking” really mean for infrastructure investments, and how much does it cost? Howard Mann examines the issue in Project Syndicate.

SHOULD FARMERS WHO FOLLOW SUSTAINABLE PRACTICES BE REWARDED?


Certification programs can have significant benefits for smallholder farmers, but what happens when the product doesn’t sell? Christopher Wunderlich describes his visit to a Rwandan coffee cooperative on our blog.

WHY CLIMATE RISK DISCLOSURE IS KEY TO A SUSTAINABLE ECONOMY

We explore how climate risk disclosure is key to a sustainable economy in our blog.

ARE HEALING CRYSTALS CONNECTING YOU TO THE EARTH OR HARMING IT?


Does the healing crystal supply chain increase transparency efforts? Clare Church explains the issue to Jezebel.

DO VOLUNTARY STANDARDS ACTUALLY STOP BIODIVERSITY LOSS?


Protecting our biodiversity is a complex challenge many voluntary sustainability standards are trying to address. We look at their strengths and weaknesses.

NEW TOOL WILL HELP ENSURE CONTRACT FARMING IS SUCCESSFUL – FOR BUYERS AND FARMERS


We spoke with the commodities-focused magazine Coffee and Cocoa about contract farming templates and how they can be used for sustainable agricultural practices.

POST-BREXIT TRADE: A MISSED OPPORTUNITY FOR DEVELOPMENT?


With Brexit due to take effect in just two months, African country governments are examining what the shape of a Brexit deal – or the lack thereof – will mean for their U.K. trading relationships. Isabelle Ramdoo explores what this means with Devex.

PRAIRIE FARMERS ON THE FRONT LINES OF CLIMATE CHANGE


Sophia Murphy examines the links between climate change, agriculture, and carbon taxes in the Canadian context for the Calgary Herald.
RECENT AND UPCOMING EVENTS
Our mining team hosted their annual Mining Indaba Roundtable Sustainability Forum. Held on February 4, the event’s theme focused on environmental and social impact assessments and management in mining.

Joe Zhang, a Law Advisor with IISD, will be speaking at a South Centre event in Geneva, Switzerland, this month regarding recent developments in the Energy Charter Treaty and what they may meare n for developing economies.

Our investment team will be holding the next event in its Speaker Series on Investment Disputes, in partnership with the Université de Genève, focusing on how and why an International Court of Civil Justice can help victims in cross-border mass tort cases. The February 8 event in Geneva, Switzerland, will feature Maya Steinitz as its speaker, who will present her book on the subject, which will be followed by a panel discussion.

Our investment team is pleased to announce the 12th Annual Forum of Developing Country Investment Negotiators will be held in Cartagena, Colombia, from February 27 to March 1. The event brings together experts and senior officials from developing and emerging economies in the only platform of its kind, where they will examine new developments and current trends in investment treaty negotiations.

Our standards team is working with the National Agricultural Export Development Board (NAEB) and Sustainable Growers to prepare for a workshop in Kigali on February 28. The workshop focuses on advancing sustainability through data sharing while addressing certification challenges for the Rwandan coffee sector.

The IGF is hosting its annual Sustainability Forum on March 2 in Toronto, Canada, focusing this year on value chains and what the future landscape looks like for responsible sourcing in the mining sector. The event is being co-hosted with the Prospectors & Developers Association of Canada (PDC) and the World Economic Forum (WEF).  
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