Brexit Briefing: Environmental Law (April 2017)
This guide identifies key legal and advocacy considerations for UK based international development organisations in light of Brexit in relation to environmental law and policy.
Brexit Briefing: Finance (March 2017)
This guide explores some of the impacts of Brexit on UK based international development organisations in relation to financing agreements.
Intellectual Property Law: Impact on NGOs
This guide explains trademark, copyright, patent and trade secret law, and how they are relevant to NGOs.
Brexit Briefing: Intellectual Property Rights (February 2017)
This guide outlines key considerations for UK based international development organisations in light of Brexit in relation to intellectual property rights.
Brexit Briefing: Tax (February 2017)
This guide outlines key considerations for UK based international development organisations in light of Brexit in relation to tax.
Brexit Briefing: Data Protection (February 2017)
This guide outlines key considerations for UK based international development organisations in light of Brexit in relation to data protection.
Brexit Briefing: Contracts and Choice of Law (February 2017)
This guide outlines key considerations for UK based international development organisations in light of Brexit in relation to contracts and choice of law.
EU Registration Options for NGOs: Preparing UK-based NGOs for Brexit
This guide outlines the main legal forms available to NGOs in Belgium, Germany, Ireland, the Netherlands and Spain. It is part of A4ID’s support to UK NGOs considering their options as a result of the UK referendum decision to leave the EU.
What Lawyers Can Do About Climate Change
This paper relates to a joint A4ID/KCL workshop that examined climate change from a legal perspective.
The workshop was motivated by the developing reality that ‘climate change law’ is now extending beyond high-level international negotiations, environmental frameworks and legal campaigning to infiltrate daily legal practice and adjudicatory proceedings through a variety of legal sub-disciplines.
Intellectual Property Law, Nigeria
Download this helpful legal guide on Intellectual Property Law in Nigeria and how it might affect and be used by non-profit organisations in furthering their objectives.
Competition Law: Impact on NGOs and Charities
Download this helpful legal guide on Competition Law and how it might affect and be used by charities and NGOs in furthering their aims.
Checklist for Avoiding Defamation Claims
If you have taken our Online Defamation Training course, download this helpful checklist of key steps for protecting yourself from defamation claims.
Birth Registration Report
A multi-jurisdictional research report by DLA Piper LLP analysing the birth registration regimes across 23 jurisdictions in order to better inform the local child protection work of the firm’s global partner UNICEF. In most countries birth registration is key to allow children to access education, healthcare and rights associated with citizenship.
Inheritance Rights Report
A multi-jurisdictional research report by DLA Piper commissioned by UNICEF analysing the legislative and practical barriers to orphans of HIV/AIDS in Sub-Saharan Africa enforcing their inheritance rights across nine jurisdictions.
In many countries local custom and weak law enforcement prevent children from inheriting their parents’ property and this report will help to inform the policy and advocacy work of the firm’s global partner UNICEF in this space.
The UN Guiding Principles on Business and Human Rights: a guide for the legal profession
A4ID’s firm-specific guide on the UN’s Guiding Principles on Business and Human Rights is the first specific to the legal profession. It is designed to help law firms consider how they can balance the responsibility to respect human rights with their unique professional ethical duties.
Conference report – India and Post 2015
This paper examines these issues, paying attention to the role that India may play in the months leading up to the September summit.
It is informed by, in particular, an event held by the Bingham Centre for the Rule of Law and Advocates for International Development (A4ID) in New Delhi in February 2015 to promote discussion of the rule of law in relation to the international development agenda, and consider lessons to be learned from India.
Guide to establishing non-profit organisations in Australia
In Australia, non-profit organisations (whether charities or not) are normally established in one of three ways: companies, trusts and incorporated associations.
However, incorporated associations are specifically for organisations that are going to operate just within one of the Australian states. Therefore, in practice, non-profit organisations seeking to establish in Australia should think of starting as a company or as a trust.
Environmental, Social and Governance Reporting on the London Stock Exchange
This guide provides an overview of the key reporting requirements in connection with environmental, social and governance issues applicable to companies traded on the London Stock Exchange.
WTO Dispute Resolution
This guide describes the process of resolving disputes between states at the World Trade Organisation. The World Trade Organization (“WTO”) deals with the global rules of trade between nations. The WTO is run by its member governments, of which there are currently 158.
Copyright in the UK
This guide addresses UK copyright law as at February 2013. UK law will cover how you can use and protect materials in the UK, even if the materials were created outside the UK.
Freedom of Information
The Freedom of Information Act 2000 (the “Act”) gives any person access to information held by public authorities in England, Wales and Northern Ireland subject to certain exceptions. Similar legislation exists in Scotland however this is not covered in this guide. No reason need be given for wanting such information.
This guide provides background and summary of the law.
Clean Development Mechanism: CDM and Development
Part three of this legal guide describes the link between the CDM and development by reviewing both advantages and criticism, finishing with an overview of the future of the CDM.
Clean Development Mechanism: CDM in Practice
Part two of this three part guide explains in more detail the functioning of the CDM by covering the process of project registration, the different types of CDM projects and their locations.
Clean Development Mechanism: CDM and the UNFCCC
Part one of this three part legal guide introduces the Clean Development Mechanism as part of the United Nations Framework Convention on Climate Change. It outlines how CDM can lead to projects implemented in and by developing countries that aim to reduce carbon emissions.
Defamation is a tort (a civil wrong) which arises when defamatory materials relating to an individual is publicly disclosed. This guide addresses the law of defamation in England as at February 2013.
Social Impact Investing: The Role of Lawyers
Presentations given at a Responsible Business Knowledge Group event on the role of lawyers in social impact investing
In the first part of the presentation, Andy Lower (Executive Director of The Eleos Foundation) and Michelle Peters (Dechert LLP) provide an introduction to social impact investments and consider how they can be structured to ensure the minimisation of risk and effective use of funds. Andy Lowers introduces the work of The Eleos Foundation in funding pro-poor social impact projects and Michelle Peters outlines the US-specific advice she provided The Eleos Foundation.
In the second part of this presentation, Rhianydd Griffith (Reed Smith LLP) and Ranajoy Basu (Reed Smith LLP) give a detailed overview of examples and the structure of impact investment funds and social impact bonds and highlight the many ways in which lawyers play an important advisory role at a number of stages in the life of the investment.
Recognising Sacred Natural Sites in Kenya
The report aims to inform communities, civil society, lawyers and policy makers of the importance of Sacred Natural Sites and Territories, and of the many emerging challenges that these sites and communities face
It makes recommendations for securing greater recognition of Sacred Natural Sites and Territories, and the rights and responsibilities of the communities who protect these sites.
The Right to Information & Development
This presentation, given at our Governance Knowledge Group, considers freedom of information and how the right to access information underpins the international development agenda.
Andrew Smith outlines the legal framework permitting or hindering access to governmental information and the steps required to ensure this right is fulfilled. Taking Kenya as a case study, Andrew considers how having access to information on development issues can assist internally displaced persons.
Andrew Smith is a legal officer at ARTICLE 19’s London headquarters, where he advocates on the right to access information and other freedom of expression issues.
What’s the Damage? Loss, Damage, and Microinsurance
This presentation, given at our Climate Change Knowledge Group, delivers an overview of the legal framework regulating mechanisms to address loss and damage arising from climate change.
In this presentation, Christoph Schwarte reviews how international law provides for compensation for victims of environmental damage, and outlines the objectives of the loss and damage working programme set up under the United Nations Framework on Climate Change to address harm arising from human-induced climate change. Drawing on the work of the working group, Christoph considers how insurance could play a role in supporting populations mitigate climate change risk.
Christoph Schwarte is the Executive Director of the Legal Response Initiative, a legal response network that provides legal advice to developing countries and NGOs involved in the international climate change negotiations.
Climate risks, loss & damage, and insurance: what are the legal needs?
This presentation, given at our Climate Change Knowledge Group, discusses the legal and regulatory environment in which microinsurance operates, and the legal needs of stakeholders.
In this presentation, Dr. Swenja Surminski examines the legal and regulatory issues that surround the implementation of microinsurance schemes in the developing world. Without understanding the legal needs of stakeholders and without an adequate system of legal safeguards, the world’s poorest (to whom insurance of any kind might be a new concept) cannot fully benefit from such schemes.
Swenja Surminski is a Senior Research Fellow at the London School of Economics. Swenja has been a member of the European Insurance Industry Climate Change Taskforce (CEA) and of the London Climate Change Partnership Steering Group, and regularly publishes papers on climate change and insurance.
Climate Microinsurance: What? Who? How?
In this presentation, Aaron Oxley considers the structure and operational practice of microfinance organisations, looking too at how the model is financed and at the role of key stakeholders from beneficiaries to NGOs and governments. Setting out some of the challenges for the microinsurance sector, Aaron considers how the biggest challenges for climate change microinsurance are the lack of accurate, timely data on weather patterns and the particular nature of climate change harm, in that it causes gradual rather than sudden harm, is difficult to insure.
Aaron Oxley is the Executive Director of RESULTS UK, a grassroots advocacy organisation based in the UK that generates the public and political will to end the root causes of hunger and poverty in the developing world.
Strategic litigation and its role in promoting and protecting human rights
Strategic litigation is litigation with a particular purpose: to advance an agenda broader than one specific case, usually aimed at effecting systemic change. This can be either by setting legal precedent, or by drawing attention to the case as a method of highlighting perceived injustice.
This legal guide provides a short overview of what strategic litigation is, under what circumstances it might be appropriate to pursue it, and what must be considered before embarking on it.
Getting to Gold
The Government of the Islamic Republic of Afghanistan (GIRoA) has made welcome public pledges to transparency and good governance in its emerging mining sector.
This report, produced by Global Witness, considers how Afghanistan’s first mining concession contracts will support these commitments.
Prepared with legal assistance from barristers at Stone Chambers, the report reviews mining contracts from 2008 and 2011, identifies the positive points between the two, and discusses areas which need further attention.
Rights, Regulation and Remedy Report
This report considers the methods available for regulating the behaviour of extractive organisations, especially when they are operating in weak governance zones.
This report by Katherine Tyler from 9-12 Bell Yard and Rachel Chambers from Cloisters considers the methods available for regulating the behaviour of extractive organisations operating in weak governance zones, including the United Nations Guiding Principles and the OECD Guidelines, and emerging trends in the regulation of this sector.
This presentation, given at A4ID’s Law and Development training program, examines transitional justice and the addressing of past human rights violations.
This is an extract from a presentation by Chandra Sriram, Professor in Law at the University of London, School of Oriental and African Studies, on transitional justice. This presentation examines the process by which states that have experienced conflict or autocratic rule can address past human rights violations.
Governance and Corruption
This article looks at definitions of corruption from various viewpoints, the problems of corruption in the context of development and responses to the issue from the international donor community.
Liability for Volunteers: Insurance
While employees, workers, apprentices and some trainees must be insured, there is no duty to insure volunteers. However in certain circumstances volunteers can be regarded as employees and workers in the eyes of the law. This guide outlines the legal considerations in insuring volunteers and explains how insurance for volunteers can be obtained.
Climate Change Liability
Author(s): Ffion Griffiths
Law Firm: Reed Smith
Date produced: July 2011
As the harmful effects of climate change become increasingly obvious and the causes better understood, legislation and guidance is required, not only as a measure to prevent further damage from climate change, but also to provide redress to those who suffer as a result of climate change accelerated by human activities.
International Environmental Law
Author(s): Sarah Valentine
Law firm: Reed Smith
Date produced: July 2011
International environmental law is a vast topic which is receiving increasing legal and political attention. This guide addresses the enforcement of environmental legislation and considers its impact on developing states.
The Separation of Powers and the Rule of Law
This legal guide introduces the concept of establishing robust and independent institutions that respect the principles of the separation of powers and the rule of law, and considers its application in the Kingdom of Cambodia.
CCHR Fundamental Freedoms Series: Internet Censorship
This article gives an overview of Internet penetration in the Kingdom of Cambodia (“Cambodia”), the recent trend towards Internet censorship, and the grave implications for freedom of expression in Cambodia. It has been written by the Cambodian Center for Human Rights (“CCHR”), a non-aligned, independent, non-governmental organisation (“NGO”) that works to promote and protect democracy and respect for human rights – primarily civil and political rights – throughout Cambodia.
Fundamental Freedoms Series: Internet Censorship
Author(s): Ou Virak and Robert Finch
Date produced: June 2011
This fact sheet gives an overview of Internet penetration in the Kingdom of Cambodia (“Cambodia”), the recent trend towards Internet censorship, and the grave implications for freedom of expression in Cambodia. This fact sheet is written by the Cambodian Center for Human Rights (“CCHR”), a non- aligned, independent, non-governmental organization (“NGO”) that works to promote and protect democracy and respect for human rights – primarily civil and political rights – throughout Cambodia.
The Right to Land
Author(s): Joseph Otoo and Laith Najjar
Law Firm: Reed Smith
Date produced: June 2011
The historical link between indigenous peoples and their traditional lands goes towards defining their identity, preserving their cultural integrity, and their right to decide how they live their lives as a community. Often their subsistence will depend on their local ecology and natural resources inherent in the land. A severance from that environment can threaten their physical integrity and dignity as human beings. This guide examines some of the international principles and legal instruments that relate to indigenous peoples and their right to land.
Draft Law on Associations and Non-governmental Organizations
Author(s): Ou Virak and Robert Finch
Date produced: May 2011
This factsheet provides an overview of CCHR’s key concerns and recommendations relating to the Law as per the latest draft of 25 March 2011, in addition to some background information relating to the rationale behind the Law and the consultation process to date. CCHR is a non-aligned, independent, non- governmental organization (“NGO”) that works to promote and protect democracy and respect for human rights – primarily civil and political rights – throughout the Kingdom of Cambodia (“Cambodia”).
Pro Bono Clearinghouse Manual: Resources for developing pro bono legal services
This report draws on the experience of both A4ID and PILnet in responding to the need for a larger global network of clearinghouses by encouraging more programmes to be set up across Europe as well as Africa, Asia and South America.
The Manual provides practical advice to law societies and other organisations looking to set up pro bono clearinghouses. It outlines the procedure for setting up and running a clearinghouse, advises on communication with clients and law firms, and gives guidance on ensuring financial sustainability.
Freedom of Information in the UK
This talk, given at A4ID’s Training for Development Partners event, provides a thorough introduction to the law on Freedom of Information (FoI) in the UK.
A thorough introduction to the law on Freedom of Information (FoI) in the UK, specifically with regards to the basic right to information, reasons FoI requests can be refused, the procedure and appeals process behind FoI requests, and a special section covering European law and environmental information.
This talk was delivered at A4ID’s Training for Development Partners event, held 15-17 March 2011 in London. These training events are designed to provide an introduction to key areas of law for development organisations and their work. Each training seminar is tailored to the NGO context and includes presentations and case studies presented by leading lawyers, many of whom work for A4ID’s Legal Partners.
Presentations are prepared for an audience without any prior legal knowledge or training.
Judicial Review in the UK
This presentation, given at A4ID’s Training for Development Partners event, outlines the law of judicial review (JR) in the UK.
This talk discusses Judicial Review by explanatory definition, the public law obligations of public authorities, limits to JR, remedies available, and practical/procedural considerations for claimants.
This talk was delivered at A4ID’s Training for Development Partners event, held 15-17 March 2011 in London. These training events are designed to provide an introduction to key areas of law for development organisations and their work. Each training seminar is tailored to the NGO context and includes presentations and case studies presented by leading lawyers, many of whom work for A4ID’s Legal Partners. Presentations are prepared for an audience without any prior legal knowledge or training.
Judicial review: challenging public authority decisions
This legal guide explains what judicial review is as well as its potential uses and limits.
Judicial review is the procedure by which decisions of a public body can be challenged in court. The court will not generally interfere with the “merits” of a decision; it will not just substitute its own particular opinion for that of the public body. Instead, it will be able to overturn a public body’s decision if that decision was unlawful or unreasonable.
This legal guide prepared for A4ID, taken from a presentation, clarifies when and how government decisions can be challenged using judicial review and the possible outcomes.
Increasing Access to Justice for Women, the Poor, and Those Living in Remote Areas: An Indonesian Case Study
This article outlines the reform process which led to a 14-fold increase in poor litigants’ access to courts.
This article is a joint product of the Australian Agency for International Development (AusAID), the World Bank East Asia and Pacific-Justice for the Poor (EAP-J4P) Initiative, and the Family Court of Australia.
The article outlines a reform process that began with targeted grassroots empowerment, which was subsequently built on by formal justice sector institutions and local governments, with support from international development agencies.
This article is available courtesy of the World Bank.
Using the law to tackle accusations of witchcraft: HelpAge International’s Position
Author(s): HelpAge International
Law Firms: Allen and Overy, Dechert and Ogilvy Renault
Date produced: 2011
It is usually the most discriminated against and marginalised in society who are accused of witchcraft because they are either least able to defend themselves from attack and are therefore easy targets or because they are considered of little value to society and therefore a burden to it in times of hardship.
Although exact numbers are hard to come by, reports suggest that the number of accusations of witchcraft and related violence increases in times of economic or other types of hardship.
Fundamental functions of the financial system and regulation
Author(s): Emilios Avgouleas
Institution: University of Manchester
Date produced: 2011
The operation of the financial system serves a host of very important economic functions. On the one hand, savers deposit their surplus money with banks. On the other hand, private and public actors can finance, by means of bank loans, their consumption and investment needs. For this reason the sound and safe operation of the banking system is of strategic importance not only in fostering economic development but also in ensuring social and economic stability.
Climate Change Legal Reference Guide: Water and Forestry
Author(s): Mayer Brown LLP, Progressio
Date produced: October 2010
Over the past century, it has become increasingly accepted that water resources and forests are not only integral to sustaining the existence of life on earth, but that these resources must be responsibly and sustainably managed in order to ensure they can continue to perform their vital functions for the generations of the future.
Rights-Based Approaches to Development
Author(s): Diana Mitlin and Sam Hickey
Institution: University of Manchester
Date produced: September 2010
The rights-based approach to development has grown in popularity during the last decade.
This volume explores experiences of the rights-based approach, both from inside—through agencies that have adopted this approach—and from outside—through agencies and professionals working alongside development institutions and otherwise supporting rights.
Basic Principles of English Contract Law
This Guide is arranged in the following parts:
I Formation of a Contract
II Contents of a Contract
III The end of a Contract
Community-Based Paralegals: A Practitioner’s Guide
This legal guide explains how to start and run a local paralegal program, including how to assess local needs and train paralegals.
This legal guide provides information on all aspects of establishing and operating a community-based paralegal program, from assessing a community’s needs to training paralegals and resolving justice problems. It should be useful for anyone who wants to start a new paralegals program, improve an existing one, or learn more about paralegals and the legal empowerment of the poor.
Children’s rights: A guide to strategic litigation
This report has been produced by the Child Rights Information Network to help those working toward the advancement of children’s rights to understand what strategic litigation is, and to consider using the law in the courtroom as an option for effective advocacy. The report is aimed at legal and non-legal NGO staff and can be adapted to local settings and procedures.
Articulations of Local Governance in Timor-Leste : Lessons for Local Development Under Decentralization
This article asks how government can ensure that it hears and implements citizens’ views on development planning.
It discusses how the convergence of different governance systems at the local level, and the wider Timorese experience of sociopolitical change, can impact the way local development initiatives are perceived and implemented.
This policy note is available courtesy of the World Bank.
Towards Institutional Justice? A Review of the Work of Cambodia’s Cadastral Commission in Relation to Land Dispute Resolution
This report outlines the commission’s role, examines its positive effect in practice, and recommends expansion.
Who controls land and how it is used are central development issues. This report provides some background on land management and disputation in Cambodia before outlining and evaluating the Cambodian land dispute resolution process. Focus is put on institutional structure; trends in caseloads and handling; procedural issues; and organisational and management issues.
This report is made available courtesy of the World Bank.
Breaking Legal Inequality Traps: New Approaches to Building Justice Systems for the Poor in Developing Countries
This paper outlines and criticises a popular theory of institutional reform, and suggests an alternative.
Paper courtesy of the World Bank.
Volunteers and the Law
Author(s): Mark Restall
Institution: Volunteers and the Law
Date produced: June 2005
The majority of calls to Volunteering England’s information line touch upon legal issues in one form or another. Many organisations are unclear about the legal status of their volunteers and the responsibilities they have towards them. Worries around issues such as benefits and the reimbursement of expenses are perennial concerns.
Fighting Corruption in Decentralized Indonesia: Case Studies
This report studies local efforts in five regions to expose corruption by executive and legislative bodies.
This report outlines the modus operandi of local government corruption, the problems it has caused in five specific regions of Indonesia, and the strategies which have been deployed against it.
Report courtesy of the World Bank.