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The document serves as a practical guide for civil society organisations (CSOs) in Serbia to navigate the complex legal framework of spatial and urban planning. It details the hierarchy of planning documents—from the national Spatial Plan of the Republic of Serbia to Detailed Regulation Plans—and outlines the stages of their adoption, including early public inspection and expert control. Through three case studies (Kučaj-Beljanica, Ovčarsko-Kablarska klisura, and Parkovi Vrnjačke Banje), the manual illustrates common illegalities, such as the disregard for conservation studies and the manipulation of building heights to bypass ministerial jurisdiction. It emphasizes the importance of networking, precise legal argumentation in objections, and the strategic use of access-to-information requests to prevent environmental degradation and policy capture.

The document identifies the Fair and Equitable Treatment (FET) standard as a highly controversial element of international investment agreements (IIAs) that frequently leads to investor-state dispute settlement (ISDS) cases. It argues that the lack of a precise definition for FET creates divergent interpretations and a 'regulatory chill' effect. To mitigate these risks, the brief suggests that states should carefully draft FET provisions in new agreements—either by excluding the clause, using alternative terminology, or implementing a limited, well-defined standard—while also taking policy steps to address unqualified FET clauses in existing treaties.

The report examines legal obligations beyond Article 12 of the Paris Agreement to ensure governments carry out public engagement activities related to the UN's Action for Climate Empowerment (ACE), arguing that legal consequences are necessary to prevent government inaction.

ClientEarth argues that the Retained EU Law (Revocation and Reform) Bill creates a 'cliff-edge' by providing for the automatic revocation of all retained EU law (REUL) by the end of 2023. The briefing identifies five fundamental flaws: the potential loss of critical protections for species, air, and water quality due to administrative neglect; legislative chaos and business uncertainty; the undermining of the rule of law through the use of secondary legislation without parliamentary oversight; the politicization of the judiciary; and a built-in deregulatory bias that may breach international obligations like the Aarhus Convention and the Trade and Cooperation Agreement.

ClientEarth recommends that the new EU Framework for Forest Monitoring and Strategic Plans explicitly guarantee Aarhus Convention rights, establish a common EU-wide remote sensing data platform, and align with the Nature Restoration Law and Deforestation Regulation to improve forest governance and enforcement.

The document examines the legal mechanics of shareholder climate resolutions in Asia, detailing jurisdiction-specific requirements for filing, voting thresholds, and the role of company charter documents. It highlights a general trend toward increased ESG consciousness and regulatory focus on net-zero transitions in the region, while noting that legal landscapes vary significantly between countries.

The document examines the 'fair and equitable treatment' (FET) standard, a controversial provision found in nearly 95% of international investment agreements. It argues that the vagueness of FET leads to inconsistent interpretations by arbitral tribunals, which can result in 'regulatory chill' for states. The brief analyzes five common treaty formulations of FET and concludes that even 'new-generation' agreements often produce the same unpredictable outcomes as older ones. To mitigate these risks, the authors propose three policy options: excluding FET standards entirely, using alternative terminology like 'fair administrative treatment,' or implementing a strictly defined, closed list of breach conditions that explicitly excludes investor expectations.

The document examines the 'fair and equitable treatment' (FET) standard in international investment agreements, noting its prevalence in nearly 95% of such treaties and its role in 83% of treaty-based arbitrations. It argues that the vagueness of FET leads to inconsistent interpretations by tribunals, which can result in 'regulatory chill' for states. The brief outlines five common formulations of FET and suggests three primary policy alternatives: excluding the FET standard entirely, using alternative terminology like 'fair administrative treatment', or implementing a strictly defined, limited FET standard with a closed list of violations.

The document analyzes the 'fair and equitable treatment' (FET) standard, which appears in nearly 95% of international investment agreements and is the basis for approximately 83% of investor-state arbitrations. It argues that the lack of a precise definition allows tribunals to expand the standard's scope, creating legal unpredictability and 'regulatory chill' for states. The brief details five common drafting approaches—ranging from unqualified FET clauses to those linked to customary international law—and concludes that even 'new generation' treaties often produce the same results as older ones. To protect their right to regulate, the authors suggest three policy options: excluding the FET standard entirely, using alternative terminology like 'fair administrative treatment', or implementing a strictly defined, closed list of violations that explicitly excludes investor expectations.

The document examines how bilateral tax conventions can lead to significant revenue losses for resource-rich developing countries in the mining sector. It analyzes common pitfalls—such as the use of 'treaty shopping' and narrow definitions of immovable property—and provides specific drafting recommendations. Key strategies include adopting the UN Model over the OECD Model, implementing broader definitions of 'immovable property' in domestic law, and creating specific articles for extractive industries to ensure the right to tax indirect transfers and subcontractors.

The document outlines legal and non-legal interventions available to energy communities to ensure EU Member States comply with the Renewable Energy Directive (REDII) and the Internal Electricity Market Directive (IEMD). It highlights that many Member States have failed to fully transpose these directives, which are intended to empower citizens, municipalities, and SMEs to engage in renewable energy production, sharing, and efficiency services. The guide specifically details actions that can be taken before EU institutions and national courts, providing examples of legal avenues in Hungary, France, and Belgium.

The document outlines a series of legislative acts and wider trends in the UK that ClientEarth argues undermine the rule of law. It details how new laws like the Judicial Review and Courts Act 2022 and the Retained EU Law (Revocation and Reform) Bill may weaken judicial oversight and strip away environmental safeguards. The report also highlights systemic issues, including the politicisation of the Attorney General, cuts to legal aid, and a trend toward 'government by decree' through the increased use of secondary legislation.

A group of New York State legislators wrote to the U.S. Attorney General and Solicitor General requesting that the Department of Justice (DOJ) support the adjudication of climate-related state claims in state courts. The letter argues that the DOJ should reject the Trump Administration's previous positions and align with President Biden's executive order to hold polluters accountable. The authors highlight that the fossil fuel industry has consistently attempted to move these cases to federal court, despite multiple Circuit courts rejecting such arguments.

The Institute for Policy Integrity asserts that the Bureau of Ocean Energy Management (BOEM) is incorrectly relying on a 2009 D.C. Circuit case, Center for Biological Diversity v. Department of the Interior (CBD), to claim it cannot consider downstream greenhouse gas emissions in its 2023–2028 leasing program. The brief argues that while CBD established that the Outer Continental Shelf Lands Act (OCSLA) does not require such consideration, it does not prohibit it, and that considering these effects aligns with OCSLA's text, legislative history, and regulatory history.

The UN Human Rights Committee ruled that Australia violated the rights to family, home, and culture of Torres Strait Islanders due to inadequate climate adaptation. The decision establishes a precedent for state responsibility for climate-related 'loss and damage' and mandates that Australia provide compensation and secure the communities' continued existence on their islands.

The briefing analyzes the legislative and institutional deficiencies in Côte d'Ivoire's cocoa sector, highlighting a lack of traceability, inadequate pricing mechanisms, and weak law enforcement. It argues that these gaps contribute to deforestation, child labor, and farmer poverty. The report recommends the creation of a centralized traceability system, a more transparent price-setting process, and a collaborative institutional framework to coordinate the various government ministries and agencies involved in cocoa and forest management.

A joint statement by ClientEarth, ECOS, Carbon Market Watch, and EEB proposing stricter EU regulations on 'greenwashing' and product durability. The authors argue for the prohibition of environmental claims based on offsetting, the requirement for science-based interim targets for future performance claims, and the banning of environmental advertising for fossil fuel products. They also propose measures to combat obsolescence by mandating transparency regarding repairability, software updates, and the availability of necessary spare parts.

The document provides a comprehensive framework for WTO Members to align domestic policies with the Agreement on Fisheries Subsidies (FSA). It details a methodology using inventory tables, current alignment assessments, and ongoing alignment mechanisms to ensure the prohibition of subsidies for IUU fishing, overfished stocks, and unregulated high seas activities. The guide also outlines transparency and notification requirements, special provisions for Least Developed Countries (LDCs), and the availability of technical assistance.

The report analyzes the proposed modernization of the Energy Charter Treaty (ECT), concluding that the reforms are too modest to support the energy transition. Key criticisms include the continued protection of fossil fuel investments in most contracting parties, the retention of a 20-year survival clause, and the failure to reform the investor-state dispute settlement (ISDS) mechanism. The authors argue that the 'flexibility mechanism' for fossil fuel carve-outs is limited in practice and that broad investment protection standards, such as Fair and Equitable Treatment (FET), remain out of step with modern treaty practice, potentially exposing states to significant financial liabilities for climate-related regulatory actions.

The report argues that the Supreme Court's invocation of the 'major questions doctrine' in West Virginia v. EPA undermines the ability of federal agencies to use scientific expertise to address complex challenges like climate change. It warns that this shift concentrates policymaking power in the judiciary and suggests that Congress should codify Chevron deference and pass the Scientific Integrity Act. For the executive branch, it recommends a strategy of 'flooding the zone' with smaller, more numerous regulations, streamlining OIRA review, and utilizing nonacquiescence to maintain regulatory efficacy.