Research + Human Rights & Development
Projects By Topic
Community Development Requirements: Domestic Laws, Best Practices, and Community Development Agreements Database
CCSI has a growing portfolio of activities regarding community development requirements and community development agreements (CDAs) that includes: (i) mapping domestic legal requirements for community development in the context of mining projects; (ii) policy and research on best practices around CDAs and benefit sharing for extractive, agricultural, and forestry projects; and (iii) regularly maintained collection of publicly available community agreements relating to extractive, agricultural, and forestry projects.
Renewable energy is instrumental to the success of the SDGs. But, renewable energy projects have at times undermined the achievement of the SDGs and adversely affected human rights. Given the urgency and scale at which renewables must be deployed to meet the world’s climate goals, it is especially critical that we understand their potential impacts—both positive and negative—on each SDG, to ensure that renewable energy driven development does not come at the expense of other development goals.
CCSI, in partnership with the Sciences Po Law School Clinic and the Danish Institute for Human Rights, has developed a collaborative approach to human rights impact assessments (HRIAs) of private sector investment projects. Although HRIAs have become increasingly prominent in recent years, one specific challenge is the frequent lack of trust between communities and companies, which often extends to distrust of HRIAs that “the other side” has initiated. A collaborative approach to HRIAs provides an avenue to jointly undertake an HRIA that is considered credible by all sides and that helps to address the power imbalances that often exist between companies and communities around private sector projects.
What are the implications for individuals’ or communities’ ability to obtain redress for harms after investors or lenders have pulled out of a project, or after a project has failed? In light of the continued pressure on investors and lenders to divest from problematic projects, as well as the number of land deals that have failed altogether, CCSI is working to examine the loopholes, gaps, and unenforceable elements in laws and policies regarding redress of harms to communities when investors or funders have left a project and to develop proposed solutions for improving redress options in those circumstances.
With the support of the Environmental Law Clinic at Columbia Law School and the Law School Clinic at Sciences Po, CCSI submitted an application to file a written submission as an “other person” in Bear Creek Mining Corporation v. Republic of Peru. CCSI’s submission focused on a range of issues, including: The implications of international… read more
CCSI focuses on the intersection of international investment law and international human rights law, and the impacts of their application for the most vulnerable of rights-holders. Among other things, this includes a specific focus on investment arbitrations, and their implications for the realization of human rights.
Among the critical issues that arise from the interaction of human rights and investment law is whether and how the relatively greater access to justice provided to aggrieved investors by the international investment regime undermines access to justice for other individuals and communities, including those affected by large-scale land-based investment.
Dealing with land-based investments and the grievances that they raise can be difficult for host governments, who face a complicated landscape of legal obligations and pragmatic considerations. This project examines the different legal frameworks governing what governments can do to address and remedy land-related grievances after investment concessions have been awarded, with a specific focus on government obligations under international investment law and international human rights law.
CCSI has begun to analyze how international investment agreements and investor-state dispute settlement can impact the rights of human rights defenders. In particular, CCSI is considering the possibility that the international investment law regime may in a causal way exacerbate the repression and criminalization of human rights defenders in the context of investment projects. Work… read more
In March 2017, CCSI presented a working paper titled “Articulating a Rights-Based Argument for Land Contract Disclosure” at the World Bank Land & Poverty Conference. The paper explores whether and how existing state obligations under human rights law require disclosure of land contracts and more transparent contracting processes around land investments.