lbi_environmental-analysis_fian_oct_2025-5278396881eb2754.pdf

This briefing, prepared for the 11th session of the open-ended intergovernmental working group (OEIGWG), advocates for the explicit inclusion of the right to a clean, healthy, and sustainable environment (RtHE) within a proposed international legally binding instrument (LBI) to regulate transnational corporations and business enterprises.

• The briefing argues that the LBI must explicitly recognize the right to a clean, healthy, and sustainable environment (RtHE) to address corporate impunity and the 'triple planetary crisis' of climate change, pollution, and biodiversity loss. It notes that while the RtHE was in the third draft of the LBI, it was removed from the 2023 Updated Draft.
• The authors propose expanding the definition of 'business activities' in Article 1.4 to explicitly include 'extraction' and the financial sector, including banks, investment funds, and pension funds, due to their central role in environmental and human rights impacts.
• The briefing emphasizes that human rights due diligence (HRDD) should prioritize prevention over mitigation. It suggests that businesses should be required to refrain from or divest from activities that carry risks of 'irreparable harm' or occur in conflict-affected areas and situations of occupation.
• To ensure effective remedy for environmental harm, the briefing proposes that the LBI include provisions for environmental remediation, ecological restoration, and the reversal of the burden of proof, requiring corporate and state entities to provide evidence of acquittal.
• The document calls for the protection of environmental human rights defenders (EHRDs), noting they are at high risk. It proposes that Article 5.2 be amended to guarantee a safe environment for these defenders, free from intimidation and reprisals.
• The briefing advocates for 'strict liability' in Article 8.8 for business activities that are inherently dangerous or conducted in conflict-affected areas, meaning corporations would be held liable regardless of whether they acted negligently.
• The authors argue that the statute of limitations should not apply to cases of environmental harm because impacts can be permanent or ongoing, citing the case of Swedish company Boliden Mineral's toxic waste dumping in Arica, Chile, in the 1980s.
• The briefing proposes that the LBI ensure the primacy of human and environmental rights over international trade and investment agreements, specifically suggesting that litigation impacting a state's ability to comply with human rights obligations be referred to tribunals with human rights competence rather than arbitration tribunals.

APA

Center for International Environmental Law (2025). lbi_environmental-analysis_fian_oct_2025-5278396881eb2754.pdf. https://www.ciel.org/wp-content/uploads/2026/01/LBI_Environmental-Analysis_FIAN_Oct_2025.pdf

Chicago

Center for International Environmental Law. lbi_environmental-analysis_fian_oct_2025-5278396881eb2754.pdf. 2025. https://www.ciel.org/wp-content/uploads/2026/01/LBI_Environmental-Analysis_FIAN_Oct_2025.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=lbi_environmental-analysis_fian_oct_2025-5278396881eb2754.pdf |date=September 2025 |url=https://www.ciel.org/wp-content/uploads/2026/01/LBI_Environmental-Analysis_FIAN_Oct_2025.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2025lbienvironmentalanalysisfianoct20255278396881eb2754pdf, author = {{Center for International Environmental Law}}, title = {{lbi\_environmental-analysis\_fian\_oct\_2025-5278396881eb2754.pdf}}, institution = {Center for International Environmental Law}, year = {2025}, month = sep, url = {https://www.ciel.org/wp-content/uploads/2026/01/LBI_Environmental-Analysis_FIAN_Oct_2025.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }