{"query_echo":{"q":"","filters":{"analysis_type":["legal drafting"]},"warnings":[{"code":"facet_value_not_in_vocabulary","message":"Value 'legal drafting' for facet 'analysis_type' is not in the controlled vocabulary."}]},"total":{"value":2,"relation":"eq"},"page":1,"page_size":20,"self":"https://climateinsightsdirectory.org/api/v1/search?analysis_type=legal+drafting","stability":"beta","ai_marking":{"digital_source_type":{"uri":"http://cv.iptc.org/newscodes/digitalsourcetype/trainedAlgorithmicMedia","name":"Created using Generative AI"},"notice":"Summary and key insights are generated using artificial intelligence."},"results":[{"id":"iisd-002848","url":"https://climateinsightsdirectory.org/document/iisd-002848","title":"Évolution des normes en matière de stabilisation","publisher":{"name":"International Institute for Sustainable Development","organization":"international-institute-for-sustainable-development"},"document_type":"guide","language":"fr","date_published":"2025-03","source_url":"https://www.iisd.org/system/files/2025-05/evolving-stabilization-standards-mining-fr.pdf","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The document examines the evolution of stabilization clauses in the extractive sector, arguing for a shift away from 'freeze' and 'economic equilibrium' clauses toward a model based on the 2021 OECD Guiding Principles. It distinguishes between non-fiscal stabilization, which it argues should be abandoned to protect the state's right to regulate for the public interest, and fiscal stabilization, which should be limited to specific, time-bound commercial needs. The guide provides detailed model language for laws and contracts to ensure revenue certainty for governments and predictability for investors, while explicitly excluding the use of stabilization to protect against anti-tax avoidance measures or climate-related regulations.","ai_generated":true,"unit":"iisd-002848#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The OECD Guiding Principles effectively delegitimize the use of non-fiscal stabilization clauses, asserting that governments must be able to introduce non-discriminatory changes to legislation to pursue legitimate public interest objectives.","ai_generated":true,"unit":"iisd-002848#insight-1","date_modified":"2026-10-23"},{"text":"Rather than monetary compensation for non-fiscal legal changes, the OECD framework suggests that compliance costs should be treated as operational expenses for tax deductibility and cost recovery purposes.","ai_generated":true,"unit":"iisd-002848#insight-2","date_modified":"2026-10-23"},{"text":"Fiscal stabilization should not be a default requirement but a commercial choice based on proven need, limited in scope to key tax conditions and defined for a specific period rather than the entire project life.","ai_generated":true,"unit":"iisd-002848#insight-3","date_modified":"2026-10-23"},{"text":"The document introduces 'revenue certainty' as a counter-balance to investor stability, stating that good-faith measures to combat tax avoidance or profit shifting should not be considered legal changes restricted by stabilization clauses.","ai_generated":true,"unit":"iisd-002848#insight-4","date_modified":"2026-10-23"},{"text":"A 'responsive' tax regime is proposed as an alternative to rigid stabilization, using mechanisms like variable royalties or profit-sharing to automatically adjust the distribution of financial benefits based on commodity prices or profitability.","ai_generated":true,"unit":"iisd-002848#insight-5","date_modified":"2026-10-23"},{"text":"Historical data indicates that stabilization clauses have been most prevalent in Sub-Saharan Africa and other developing regions, while being virtually non-existent in OECD countries.","ai_generated":true,"unit":"iisd-002848#insight-6","date_modified":"2026-10-23"},{"text":"The guide warns that traditional stabilization clauses did not account for climate risks, and there is a potential conflict between these clauses and future climate-based fiscal or non-fiscal measures, such as carbon taxes or the forced closure of fossil fuel projects.","ai_generated":true,"unit":"iisd-002848#insight-7","date_modified":"2026-10-23"},{"text":"The Global Minimum Tax (15% effective rate) is identified as the type of measure that should not be restricted by stabilization clauses, as it aims to reduce profit shifting and is supported by over 140 countries.","ai_generated":true,"unit":"iisd-002848#insight-8","date_modified":"2026-10-23"}],"climate_tags":["carbon tax","climate change","environmental regulation"],"geography_discussed":["Africa","Peru","Chile","Papua New Guinea","Democratic Republic of the Congo","Philippines","Ecuador","Tanzania"],"frame_perspective":[],"analysis_type":["policy guide","normative analysis","legal drafting"]},{"id":"iisd-002179","url":"https://climateinsightsdirectory.org/document/iisd-002179","title":"Acuerdo para la Suspensión Coordinada de la Solución de Controversias entre Inversionistas y Estados con respecto a las Medidas y Controversias asociadas al COVID-19","publisher":{"name":"International Institute for Sustainable Development","organization":"international-institute-for-sustainable-development"},"document_type":"briefing","language":"es","date_published":"2020-06-18","source_url":"https://www.iisd.org/system/files/2021-02/suspension-isds-covid-19-es.pdf","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The International Institute for Sustainable Development (IISD) proposes a legal framework to protect states from ISDS claims arising from emergency COVID-19 measures. The proposal suggests a coordinated suspension of ISDS provisions for any state action taken after December 1, 2019, to manage public health and national economies. It offers both a multilateral approach for broad coverage and a bilateral approach for faster implementation, emphasizing that the determination of whether a measure is COVID-related should remain at the discretion of the host state to prevent tribunal interference.","ai_generated":true,"unit":"iisd-002179#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The proposed agreement aims to suspend the operation of ISDS provisions in all investment treaties concluded between signatories regarding conflicts over COVID-19 measures, utilizing the authority to suspend treaties codified in Articles 57 and 58 of the Vienna Convention on the Law of Treaties.","ai_generated":true,"unit":"iisd-002179#insight-1","date_modified":"2026-10-23"},{"text":"COVID-19 associated measures are defined as state actions adopted after December 1, 2019—the date the first case was identified in Wuhan, China—to protect public health and manage national economies. The proposal specifies that the host state's good-faith declaration that a measure is COVID-related is determinative, meaning a tribunal would lack the authority to decide on that relationship.","ai_generated":true,"unit":"iisd-002179#insight-2","date_modified":"2026-10-23"},{"text":"The document suggests two implementation paths: a multilateral agreement, which can apply to hundreds of treaties but may take longer to negotiate, and a bilateral approach, which is described as 'más rápida y fácil de implementar'. Bilateral agreements could also be negotiated between country blocks, such as the European Union and another regional group.","ai_generated":true,"unit":"iisd-002179#insight-3","date_modified":"2026-10-23"}],"climate_tags":["international law"],"geography_discussed":["People's Republic of China","European Union"],"frame_perspective":[],"analysis_type":["policy proposal","legal drafting"]}]}