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ClientEarth's feedback on the EU Taxonomy draft delegated regulation emphasizes the need for science-based thresholds, the exclusion of fossil gas and hazardous chemicals, and the prevention of corporate lobbying from watering down environmental standards.

The report by Friends of the Earth International emphasizes that Community Forest Management (MCB) cannot exist without organized communities and the protection of their cultural and spiritual ties to their territories. It identifies the right to association as a fundamental human right supported by international declarations, and argues that cultural rights—though less explicitly defined in international law—are inextricably linked to land tenure and biodiversity conservation. The text advocates for using international legal frameworks to pressure national governments to implement these rights, while stressing that legal action should be part of a broader strategy of social mobilization.

The document analyzes the 2018 UN Declaration on the Rights of Peasants (UNDROP) as a tool to shift human rights frameworks from purely individualistic perspectives to the recognition of collective rights. It details how UNDROP protects the rights of peasants, indigenous peoples, and nomadic communities to food sovereignty, land, seeds, and a healthy environment. The report highlights the role of collective rights in supporting agroecology and community forest management, while debunking myths that collective rights oppose individual rights or are exclusive to indigenous peoples. It provides examples of national and regional applications and advocates for a binding UN treaty on transnational corporations to ensure corporate accountability for human rights violations in rural areas.

The document argues that current investment treaty arbitration leads to excessively high and inconsistent compensation awards, often based on speculative future earnings rather than actual losses. It highlights the risks of corruption and the financial burden on host states, particularly in regulatory disputes and cases involving planned investments that never materialized. The authors suggest that states reform their treaties to move away from the 'full reparation' principle toward more balanced or capped compensation models.

The report examines how land conflict in South Sudan is rooted in historical grievances and exacerbated by civil wars, leading to widespread land grabbing by military and political elites. It highlights the failure of the 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) to explicitly address land within its transitional justice framework. Based on citizen interviews, the report finds a strong preference for restitution over compensation and communal reparations over individual ones. It recommends that the Compensation and Reparations Authority (CRA) be used to address land-related human rights violations and that the government expedite the adoption of a national land policy to resolve conflicting statutory and customary tenure systems.

The author argues that the Law and Justice (PiS) party used social policies as a 'smokescreen' to establish an authoritarian system in Poland. During the pandemic, the government introduced 'shield' legislation that attempted to exclude trade unions from layoff negotiations and grant the prime minister power to dismiss members of the Social Dialogue Council. These actions, combined with a Constitutional Tribunal ruling that significantly restricted abortion rights and the creation of 'LGBT-free zones', have alienated the working class and weakened the party's populist claim to represent the people. While the opposition has yet to fully capture the resulting undecided voters, the author suggests that defending social and reproductive rights is the primary path to challenging right-wing populism in Poland.

ClientEarth contends that Belgium's proposed capacity remuneration mechanism (CRM) is legally non-compliant and unnecessary. The organization argues that the national resource adequacy assessment (NRAA) fails to follow ACER's methodology, ignores the absence of price caps, and overstates adequacy concerns. Furthermore, ClientEarth asserts that the CRM's support for new gas capacity contradicts the European Green Deal and Belgium's own climate neutrality goals for 2050, and that the scheme lacks a required phase-out provision.

ClientEarth urges EU decision-makers to prohibit the use of Recovery and Resilience Facility (RRF) funds for gas-reliant projects, asserting that such investments would breach the Paris Agreement and EU legal obligations. The document argues that gas is not a viable 'bridge fuel' due to methane leakages and that existing infrastructure overcapacity makes new investments a stranded asset risk.

The Life After Coal campaign (LAC) has formally objected to Eskom's attempts to secure exemptions from the Minimum Emission Standards (MES), asserting that such exemptions are prohibited under section 59 of the Air Quality Act (AQA). The LAC argues that Eskom, as South Africa's largest air polluter, cannot be legally exempt from national emission standards, and that granting such exemptions would undermine the rule of law, harm public health, and set a dangerous precedent for future climate change legislation.

ClientEarth argues that EU competition policy must be reshaped to internalise environmental externalities and support the Green Deal. The organization calls for an end to state aid for fossil fuels, a more holistic 'consumer welfare' test in antitrust and merger assessments that includes future generations, and increased transparency in state aid decision-making. It specifically recommends prohibiting aid to forestry biomass and fossil-based hydrogen, while introducing a 'green bonus' to incentivize truly sustainable innovation.

The report details five case studies on environmental litigation in Germany, Poland, the Netherlands, Austria, and Ireland. It examines the role of the Aarhus Convention and human rights in granting standing to NGOs and individuals, the impact of EU law on national forestry and air quality policies, and the obstacles facing environmental associations in accessing justice.

ClientEarth argues that while the EUTR and FLEGT Regulation have improved transparency in timber supply chains, significant gaps in enforcement, funding, and scope persist. The organization highlights a critical lack of staff and financial resources in EU Member States, uneven implementation that disrupts the market, and a low volume of compliance checks relative to the number of operators. It recommends expanding the EUTR's product scope, introducing stricter responsibilities for traders, and harmonizing penalties to ensure they are 'effective, proportionate and dissuasive'. Regarding FLEGT, ClientEarth notes its success in driving systemic law reform and civil society participation in producer countries but warns that the EU's reduced market weight and the technical complexity of Voluntary Partnership Agreements (VPAs) may hinder progress. Finally, it calls for new mandatory due diligence legislation to address forest conversion driven by commodities like soy, cocoa, palm oil, and beef.

The document examines the current state of compensation in investment treaty disputes, highlighting a trend toward massive awards driven by the 'discounted cash flow' (DCF) method. It argues that current practices often diverge from international law and national legal standards, creating significant financial burdens for host states. The guide analyzes three main valuation categories—market-based, income-based, and asset-based—and evaluates emerging treaty practices from Africa, India, and the Netherlands. It concludes by proposing four reform options: balancing rules, limiting compensation to actual investment amounts, integrating host-state benefit analysis, and applying national laws.

The policy brief addresses the systemic corruption and lack of enforcement in South African public procurement, which accounted for 19.5% of GDP in 2017. It highlights the failure of existing oversight bodies, noting that corruption-related convictions of government officials declined to 183 in the 2020 financial year. To address this, the authors propose a 'qui tam' or encouraged whistleblowing system where private individuals are incentivized with a percentage of recovered damages to report fraudulent claims. This model, which recovered $44.7-billion for the US federal government since 1988, is suggested as a way to empower citizens and reduce the burden on under-resourced state prosecutors. The brief provides a specific legislative framework to be inserted into the Public Procurement Act, including provisions for double damages and tiered rewards for whistleblowers depending on whether the state adopts the legal action.

The report examines Indigenous community broadcasting in 19 countries across Africa, Asia, North America, Central America, South America, and Oceania. It finds that while community radio is generally recognized, specific legal status for Indigenous-led stations is rare, with only four of fifteen countries that recognize community radio also recognizing Indigenous community radio. The study identifies 609 Indigenous community radio stations globally, with Canada and Australia accounting for 42% of the total. Key findings highlight the role of these stations in language revitalization, land defense, and the transfer of traditional knowledge, while also noting significant threats including government repression, criminalization of unlicensed broadcasters, and financial instability.

The document examines the precautionary principle, a legal guide suggesting that a lack of full scientific certainty should not justify postponing measures to prevent serious environmental damage. It traces the principle's origins from Sweden's 1969 Environmental Protection Act to its inclusion in the 1992 Rio Declaration and the UNFCCC. The brief discusses the principle's controversial nature, specifically the reversal of the burden of proof, and provides examples of its application in GMO moratoriums and nuclear power closures, while noting the tension between environmental caution and economic development.

The report examines the compatibility of environmental import restrictions with WTO rules, specifically the General Agreement on Tariffs and Trade (GATT). It argues that restrictions based on process and production methods (PPMs) are not prohibited per se and can be justified through the concept of 'likeness' or by invoking general exceptions under Article XX of GATT. The document also provides guidance on using Free Trade Agreements (FTAs) to modernise trade rules, suggesting the inclusion of hierarchy clauses and the recognition of domestic regulatory discretion to ensure environmental obligations prevail over trade commitments.

The document examines the Special Committee on Agriculture (SCA), a preparatory body created in 1960 that bypasses the Committee of Permanent Representatives (Coreper) when tabling work to the Council. ClientEarth argues this 'historic oddity' lacks a clear legal basis and conflicts with Coreper's exclusive competence to prepare Council work. Because the SCA is viewed as an 'expert group' focused on national interests rather than a horizontal policy perspective, the author suggests it may be structurally unable to ensure the environmental integration and consistency required by the European Green Deal, the Farm to Fork strategy, and the Biodiversity strategy.

The document argues that Article 113 of the Control Regulation allows EU Member States to unconditionally veto the disclosure of fisheries data, which contradicts the Aarhus Convention, the EU Charter of Fundamental Rights, and Regulation 1049/2001. It criticizes the General Court's judgment in Malta v Commission for upholding this veto power without requiring a statement of reasons. ClientEarth proposes amending Article 113 to require reasoned refusals and explicitly align the regulation with EU and international transparency frameworks.

The report argues that current funding for chemicals and waste management is inadequate, particularly in developing and transition countries, and proposes a coordinated international tax on basic chemicals to operationalize the 'polluter pays' principle. It suggests that a 0.5% tax on the production value of basic chemicals could raise approximately $11.5 billion annually, significantly exceeding current funding from the Global Environment Facility (GEF) and the Special Programme. The authors recommend an origin-based excise tax on a specific list of basic chemicals (such as ammonia, benzene, and chlorine) to ensure administrative simplicity and minimize economic distortion. The document evaluates this option against other potential taxes—including income, asset, and transaction taxes—concluding that an excise tax is the most feasible and effective mechanism for internalizing the social and environmental costs of chemical production.