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The document argues that while the WTO has historically neglected the environment, there is a current paradigm shift toward recognizing trade's role in addressing climate change and biodiversity loss. It assesses the outcomes of the Thirteenth Ministerial Conference (MC13), highlighting failures in fisheries subsidies and the absence of explicit climate commitments in the Ministerial Declaration, while noting progress in plurilateral initiatives like the Dialogue on Plastic Pollution. Experts propose reforming subsidy rules for fossil fuels and agriculture, leveraging 'Aid for Trade' for just transitions, and adopting the legal principle of 'Common Concern of Humankind' to guide trade law. The report emphasizes the need for regulatory alignment on circular economy principles and the ability of the WTO to coordinate trade-related climate measures, such as Carbon Border Adjustment Mechanisms, to avoid global trade fragmentation.

The document critiques proposed amendments to the Pest Control Products Regulations, asserting they fail to enhance environmental protections or public transparency. The authors argue that the regulations would illegally restrict access to confidential test data to Canadian residents for 'research purposes' only, undermining the Pest Control Products Act. They further claim the amendments do not mandate the consideration of cumulative environmental effects or species at risk, failing to advance Canada's commitments under the Kunming-Montreal Global Biodiversity Framework. Finally, the statement calls for separate domestic maximum residue limits (MRLs) and the elimination of the default GMRL to ensure better compliance and safety.

The document analyzes the legal and social conflicts surrounding the Rempang Eco-City project in Batam, arguing that the Indonesian government has prioritized foreign investment and capital growth over the rights of indigenous communities. It details a complex history of land management through the BP Batam authority, the classification of ancestral lands as state forests or hunting parks to facilitate land seizure, and alleged irregularities in the project's planning and ownership, noting that the 'eco-city' designation does not appear in regional or national spatial plans.

The document argues that the EU is currently in breach of the Aarhus Convention because the public and environmental NGOs lack a viable legal mechanism to challenge state aid decisions that violate environmental law. It explains that current CJEU admissibility standards effectively exclude NGOs, and that national court actions are insufficient substitutes. The briefing addresses business concerns, stating that a new review procedure would not be suspensive (meaning aid can still be granted and spent during litigation) and would not compromise confidential business information. It evaluates three options proposed by the Commission to grant access to justice, favoring the amendment of the EU Aarhus Regulation as the most legally certain and democratic solution.

The briefing argues that the Energy Charter Treaty's (ECT) survival clause obstructs climate mitigation by allowing fossil fuel investors to seek compensation for government phase-out measures for 20 years after a state's withdrawal. To address this, the authors provide a model 'inter se' agreement that allows the EU and other non-EU contracting parties to modify the treaty among themselves to delete the survival clause. The document asserts that this modification is legally viable under Article 41 of the Vienna Convention on the Law of Treaties (VCLT), as it does not affect third-party rights, is not prohibited by the ECT, and aligns with the treaty's stated environmental objectives and the Paris Agreement.

The Green Connection (TGC) and Natural Justice (NJ) are seeking a judicial review in the Western Cape High Court to set aside the environmental authorisation granted to TotalEnergies EP South Africa Block 567 (Total) for exploration drilling between Cape Town and Cape Agulhas. The legal challenge is based on six grounds, including the failure to assess socio-economic impacts on small-scale fisheries, the omission of climate change impacts from gas combustion, and the lack of consideration for transboundary effects on Namibia. In July 2024, Total announced its decision to withdraw from Block 567, where it held a 40% commercial interest. Following this, Total applied to the court to join Shell as a party to the proceedings, a move opposed by TGC and NJ on the grounds that the case concerns the environmental authorisation granted to Total, not the exploration right itself.

The Green Connection (TGC) and Natural Justice (NJ) have filed for judicial review in the Western Cape High Court to overturn the environmental authorisation granted to Total Energies EP South Africa Block 567 (Pty) Ltd for offshore drilling. The challenge is based on six grounds, including failures to assess socio-economic impacts on small-scale fishers, climate change impacts from gas burning, and transboundary risks to Namibia. Following Total's July 2024 announcement of its withdrawal from block 567, the company filed a joinder application to include Shell as a party in the case, which TGC and NJ oppose on the grounds that the exploration right has lapsed and the challenge concerns the authorisation granted to Total, not the exploration right itself.

The letter, sent by ClientEarth, Fossielvrij NL, and Reclame Fossielvrij to airlines at Amsterdam Schiphol, details the legal boundaries for climate-related advertising following a court ruling that KLM's claims about 'sustainable' flying and CO2 compensation were misleading. It argues that aviation growth is incompatible with the Paris Agreement and warns that the industry's 'licence to grow' communication strategy likely violates the EU Unfair Commercial Practices Directive (UCPD).

The report details the negative impacts of Ikwezi Mining's blasting operations on local communities, including structural damage to homes, psychosocial trauma in children, and cultural disruption. It highlights a lack of adequate blasting notices and a non-functional grievance mechanism, while recommending formalized blasting standards for rural South African communities.

The memorandum examines the ITLOS advisory opinion, which establishes that anthropogenic greenhouse gas (GHG) emissions constitute marine pollution under UNCLOS. It highlights the 'stringent' due diligence required of States to protect the marine environment, the role of the best available science (specifically IPCC reports), and the principle that the Paris Agreement does not supersede UNCLOS obligations. The document also discusses the necessity of environmental impact assessments that account for cumulative and socio-economic impacts, and cautions against marine geoengineering that might transform pollution types.

The document analyzes the negotiation timelines of the Rotterdam, Minamata, and BBNJ agreements to demonstrate that international legal instruments often exceed their initial deadlines. It argues that the current process for the plastics treaty, governed by UNEA resolution 5/14, provides sufficient flexibility for the Intergovernmental Negotiating Committee (INC) to continue meetings beyond 2024 if necessary, as the resolution expresses an 'ambition' rather than a strict mandate for completion by that date.

The briefing analyzes the European Commission's 'essential use' criteria for most harmful substances (MHS), which define a use as essential if it is necessary for health, safety, or critical for society and lacks acceptable alternatives. ClientEarth argues that while the Communication fulfills Chemical Strategy for Sustainability (CSS) commitments, it lacks direct legal effect and may be undermined by existing technical and economic feasibility assessments. The document proposes a three-stage approach to implement essential use in REACH: immediate adoption in restriction and authorisation procedures, the creation of implementing legislation for legal clarity, and a full REACH reform where essential use replaces socio-economic analysis (SEA).

The report details the systemic impacts of plastic pollution on municipal infrastructure, public health, and ecosystems, asserting that a small number of petrochemical and FMCG companies knowingly exacerbated the crisis by promoting inadequate recycling solutions. It provides a guide for government attorneys to use nuisance, products liability, and consumer protection laws to hold these polluters accountable, drawing parallels to successful litigation against the tobacco and PCB industries.

The report evaluates the alignment of national laws in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia with EU environmental standards. While some progress in transposition is noted, the analysis identifies systemic failures in enforcement, inadequate institutional capacity, and significant gaps in the implementation of the Water Framework, Nature, and Environmental Liability Directives, which hinder the protection of rivers from hydropower development.

The report evaluates the alignment of national laws in six Western Balkan countries with EU environmental directives (EIA, SEA, ELD, WFD, Habitats, and Birds). While some progress in transposition is noted, systemic failures persist, including a lack of secondary legislation, inadequate institutional capacity, and poor data quality in environmental reports. Key issues include the exclusion of small hydropower plants from screening in some countries, restricted access to justice for strategic assessments, and the failure to designate Natura 2000 sites. Montenegro is the only country with functioning environmental liability regulations.

The document argues that current EU public procurement policy, particularly the voluntary approach of the 'Classic Directive', is ineffective at achieving sustainability goals. It recommends a dual approach: introducing binding targets, procedural requirements, and monitoring in horizontal legislation, while implementing sector-specific mandatory minimum requirements in sectoral legislation. The briefing highlights that public procurement represents 14% of EU GDP and 15% of its global greenhouse gas emissions, making it a critical lever for the green transition.

ClientEarth and Carbon Tracker Initiative argue that the PRMS 2018 framework is 'climate-blind' and fails to account for the energy transition, risking the accumulation of stranded assets. They propose introducing an 'atmospheric viability' test to determine if reserves are compatible with a 1.5°C warming limit and suggest comprehensive updates to 'defined conditions' and 'commerciality' criteria to include physical and transition climate risks.

The document analyzes Ghana's mechanisms for stakeholder engagement in mining, including parliamentary ratification and public hearings, and evaluates dispute resolution options such as Alternative Dispute Resolution (ADR) and judicial recourse. It highlights critical gaps, such as the exclusion of environmental disputes from ADR and the lack of prosecutorial power for the Minerals Commission.

The briefing examines L.I. 2462, a 2022 regulation that allows mining in Ghana's forest reserves. It argues that the Environmental Protection Agency (EPA) lacks the constitutional mandate to manage natural resources, a role reserved for Natural Resource Commissions. The document further contends that L.I. 2462 lacks a proper legal foundation under the Environmental Protection Agency Act, 1994, and cannot supersede the protections of forest reserves established by Executive Instruments or Acts of Parliament. Additionally, it highlights weak sanctions, a lack of stakeholder consultation, and the absence of gender quotas as significant shortcomings.

The document outlines Ghana's position as a leading gold exporter and the resulting economic benefits, contrasted with severe environmental and health impacts caused by mining, particularly illegal 'galamsey' operations. It details the legislative framework, centered on the Minerals and Mining Act 2006, and the institutional roles of entities like the Ministry of Lands and Natural Resources and the Minerals Commission. The briefing introduces a series of thematic papers focusing on mineral rights, benefit sharing, stakeholder engagement, and mining in forest reserves.