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Assessing the Application of Innovative Incentive-Based Tools to Reform Highly Migratory Fisheries from Regional to Global Scale
The report evaluates the application of rights-based, suasive, financial, and market-based instruments within the international legal framework for fisheries, specifically focusing on Areas Beyond National Jurisdiction (ABNJ) and four key regional project areas.
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Document type: Report
Outstanding issues regarding landing obligation exemptions requested for the 2019 discard plans
ClientEarth and Seas At Risk recommend that the European Commission reject or strictly condition landing obligation exemptions that lack sufficient scientific evidence. They argue that 'temporary' exemptions should be limited to one year and tied to binding roadmaps for improving selectivity and survivability. The authors highlight a decline in the quality of data submitted for de minimis exemptions and warn that failing to account for dead discards in 'high survival' exemptions could increase fishing mortality and jeopardize Maximum Sustainable Yield (MSY) objectives.
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Document type: Statement
THE DEVELOPMENT BANK OF SOUTHERN AFRICA’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The CER argues that the DBSA's potential financing of the Thabametsi and Khanyisa coal-fired power plants contradicts its mandate for sustainable development and violates constitutional environmental rights. The CER highlights that these projects face significant legal challenges regarding licenses and would result in greenhouse gas emission intensities nearly 60% higher than Eskom's Medupi and Kusile plants. Furthermore, the CER cites evidence that South Africa has surplus base supply capacity and that these plants would increase costs by R19.68 billion compared to a least-cost energy system.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the Aviva Staff Pension Scheme
ClientEarth warns the Aviva Staff Pension Scheme trustees that treating climate change as a general ESG issue rather than a specific material financial risk may expose them to legal challenges for breach of fiduciary duty. The letter outlines the financial risks of high-carbon assets, the opportunities in the low-carbon transition, and emerging market standards among OECD asset owners. It provides a detailed set of recommended actions, including reallocating capital away from coal and risky fossil fuels, adopting TCFD-aligned reporting, and implementing active stewardship policies to ensure the long-term security of members' retirement outcomes.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the BAE Systems Main Scheme
ClientEarth warns the BAE Systems Main Scheme trustees that ignoring climate risk could lead to legal challenges for breach of fiduciary duty. The letter outlines material financial risks associated with fossil fuels, the opportunities of a low-carbon transition, and emerging market standards among OECD asset owners. It provides a detailed set of recommended actions, including reallocating capital away from coal and high-risk fossil fuels, adopting TCFD-aligned reporting, and pursuing active stewardship of portfolio companies.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the BP Pension Fund
ClientEarth warns the BP Pension Fund trustees that ignoring climate-related financial risks may constitute a breach of fiduciary duty and jeopardize member retirement outcomes. The letter outlines material risks associated with fossil fuel assets, highlights emerging market standards for climate-aware investing among OECD asset owners, and provides a detailed set of recommended actions for the fund to safeguard its assets and align with the Paris Agreement.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the Electricity Supply Pension Scheme
ClientEarth warns the Electricity Supply Pension Scheme trustees that failing to manage climate-related financial risks may constitute a breach of fiduciary duty. The letter highlights that many of the scheme's group trustees currently lack explicit climate policies, often delegating ESG considerations to managers without formal determination of risk. ClientEarth provides evidence that fossil fuel assets, particularly coal, are highly exposed to transition and physical risks, while low-carbon indices have shown competitive or superior returns. It further notes a growing market standard among OECD asset owners toward divestment and robust climate governance. The document concludes with a detailed set of recommended actions, including reallocating capital away from coal and risky fossil fuels, adopting TCFD-aligned reporting, and pursuing active stewardship of portfolio companies.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the Ford Salaried, Hourly Paid Contributory & Senior Staff Pension Fund
ClientEarth warns the Ford Pension Fund trustees that failing to consider climate change as a material financial risk may constitute a breach of fiduciary duty. The letter outlines the financial risks of fossil fuel assets, the opportunities in low-carbon investments, and emerging market standards among OECD asset owners. It concludes with a detailed set of recommended actions, including asset reallocation away from coal and the adoption of TCFD-aligned reporting.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the Lloyds Bank Pension Scheme No.1 and the Lloyds Bank Pension Scheme No.2
ClientEarth argues that the Lloyds Bank Pension Scheme trustees may be failing their fiduciary duties by not sufficiently addressing climate risk. The letter outlines the material financial risks of climate change, particularly for fossil fuel assets, and the opportunities in the low-carbon transition. It provides a framework for action, including reallocating assets away from coal and high-carbon sectors, adopting TCFD-aligned reporting, and pursuing active stewardship of portfolio companies.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the Mineworkers’ Pension Scheme
ClientEarth warns the Mineworkers’ Pension Scheme trustees that failing to address climate-related financial risks may constitute a breach of fiduciary duty. The letter outlines the material risks associated with fossil fuel assets, the opportunities in the low-carbon transition, and emerging market standards for asset owners. It provides a detailed set of recommended actions, including reallocating capital away from coal and high-carbon assets, adopting TCFD-aligned reporting, and pursuing active stewardship of portfolio companies.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the National Grid UK Pension Scheme
ClientEarth warns the National Grid UK Pension Scheme trustees that treating climate risk merely as part of general ESG issues may be insufficient to meet their legal obligations. The letter outlines material financial risks associated with fossil fuels, the potential for returns from low-carbon investments, and emerging market standards for asset owners. It concludes with a set of recommended actions, including reallocating capital away from coal and high-carbon assets, adopting TCFD-aligned reporting, and pursuing active stewardship of portfolio companies.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the British Steel Pension Scheme/New British Steel Pension Scheme
The document argues that climate change represents a material financial risk that pension trustees must consider to fulfill their legal duty to act in the best interests of members. It highlights the vulnerability of fossil fuel assets, the potential for low-carbon investment returns, and emerging market standards among OECD asset owners. ClientEarth provides a detailed framework for the scheme to evaluate risk, reallocate assets away from coal and high-risk fossil fuels, and implement active stewardship and TCFD-aligned reporting.
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Document type: Statement
Obligations to consider climate risk in relation to the investments of the Rolls-Royce Pension Scheme
ClientEarth warns the Rolls-Royce Pension Scheme trustees that treating climate risk merely as a general ESG issue may expose them to legal challenges for breach of fiduciary duty. The letter asserts that climate change is a material financial risk, particularly for fossil fuel assets, and that transitioning to low-carbon investments can protect portfolios without sacrificing returns. It provides a detailed framework for action, including reallocating capital away from coal and high-risk fossil fuels, adopting TCFD-aligned reporting, and implementing active stewardship policies to ensure portfolio companies align with the Paris Agreement.
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Document type: Statement
International Energy Charter Draft Model Investment Dispute Prevention and Management Protocol
The International Institute for Sustainable Development (IISD) critiques the International Energy Charter's draft Model Investment Dispute Prevention and Management Protocol, asserting that the instrument overreaches legally and could increase legal jeopardy for states in arbitration contexts. While supporting the development of internal state procedures for dispute management, IISD argues these should be based on guidance and good practice rather than a rigid legal instrument.
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Document type: Policy brief
COAL BASELOAD INDEPENDENT POWER PRODUCERS – STATUS OF THE POWER PURCHASE AGREEMENTS
The Centre for Environmental Rights (CER), on behalf of the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, has written to Eskom to challenge the procurement of two coal-fired independent power producers (IPPs): Thabametsi and Khanyisa. The CER argues that these projects are not 'value for money' as they would increase system costs by 19.6 billion Rand, raise greenhouse gas emissions, and risk becoming stranded assets. The letter highlights that the projects lack necessary licenses and are subject to pending High Court reviews. It requests detailed information on the status of the PPAs, the 'value for money' assessment, and compliance with the Public Finance Management Act (PFMA) and New Generation Regulations.
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Document type: Statement
ClientEarth's response to the Commission's Communication concerning a consultation on fishing opportunities for 2019 under the CFP
ClientEarth evaluates the European Commission's communication on 2019 fishing opportunities, welcoming the move toward FMSY targets and the use of ICES landings advice for the Baltic and North Sea. However, the organization expresses significant concerns regarding the use of FMSY ranges in multiannual plans, the lack of transparency in reporting, and the potential for lowering ambitions for stocks categorized as 'bycatch'. It specifically warns against the removal of Total Allowable Catches (TACs) and the use of socio-economic arguments to delay the 2020 MSY deadline.
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Document type: Statement
Reform of the General Food Law
ClientEarth argues that the European Commission's 2018 proposal to reform the General Food Law and EFSA's functioning could inadvertently restrict transparency. The analysis highlights risks that new proactive disclosure rules might override the right to access documents upon request and that the definition of 'confidential information' is too broad, potentially allowing industry to keep critical health and environmental data secret. It calls for the maintenance of existing lists of non-confidential information and the preservation of broad 'transparency safeguards' to ensure public trust and meaningful consultation in risk assessments.
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Document type: Statement
Informal Economy/Sector
The document argues that South Africa's informal economy, which employs 4.5 million people, is characterized by low incomes and poor security. It criticizes state-led repression and the narrow focus of micro-enterprise support, proposing instead a transition toward formalization through the implementation of ILO Recommendation 204. Key recommendations include amending the Labour Relations Act and Basic Conditions of Employment Act to recognize own-account workers as workers, enhancing labour inspectorate capacity, and providing basic infrastructure for those working in public spaces. The brief specifically highlights the need for inclusive policies in informal retail and waste recycling, suggesting that corporate responsibility and innovative financing, such as Extended Producer Responsibility levies, be leveraged to support these sectors.
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Document type: Policy brief
Risk unwrapped: plastic pollution as a material business risk
The document identifies plastic pollution as a material business risk, categorising it into transition, reputational, physical, and liability risks. It details how regulatory shifts, technological disruptions, and public perception threaten the long-term viability of plastic-intensive companies. Furthermore, it asserts that under UK law, directors have codified duties to manage these risks to promote company success and exercise reasonable care, warning that failure to do so could lead to personal liability.
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Document type: Briefing
The post-2020 European Maritime and Fisheries Fund: how to ensure that EU financial aid serves the objectives of the Common Fisheries Policy?
ClientEarth argues that the post-2020 EMFF must avoid capacity-enhancing subsidies and instead prioritize marine biodiversity restoration, data collection, and fisheries control. The briefing criticizes the European Commission's proposal for reducing prescriptive eligibility rules and reintroducing harmful subsidies for vessel renewal and cessation schemes, which contradicts EU international commitments under UN SDG 14 and WTO negotiations. Key recommendations include ring-fencing 25% of budgets for biodiversity and control, strengthening conditionality to include environmental law violations, and limiting funding to SMEs and low-impact aquaculture.
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Document type: Briefing