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The document asserts that ISDS mechanisms act as a major barrier to environmental and climate policies by allowing foreign investors to challenge state regulations. It highlights a lack of transparency, the phenomenon of 'regulatory chill' where states avoid policy for fear of arbitration, and the failure of 'modernized' treaties to limit risks. The authors argue that investment treaties do not significantly increase foreign direct investment but do impose high costs on states, particularly in the Global South. They recommend that states terminate old treaties, carve out climate measures from ISDS scope, and shift dispute resolution to domestic judicial systems.

The brief submitted by CIEL and Greenpeace International asserts that anthropogenic greenhouse gas (GHG) emissions constitute marine pollution under UNCLOS. It argues that States have a legal duty to prevent, reduce, and control these emissions to protect and preserve the marine environment, specifically by limiting warming to 1.5°C. The authors contend that this duty requires an immediate halt to new fossil fuel projects, a transition to non-fossil fuel power by mid-century, and the implementation of adaptation measures. The brief emphasizes that ITLOS should interpret UNCLOS harmoniously with international human rights law and the best available science, applying principles such as the precautionary principle, intergenerational equity, and common but differentiated responsibilities and respective capabilities (CBDRRC-NC).

The document defines water weaponization as the exploitation of the human need for water by deliberately rendering it scarce or insecure. It applies a six-category matrix—Strategic, Tactical, Coercive, Unintentional, Psychological Terror, and Extortion/Incentivization—to the Russia-Ukraine war. Key findings include Russia's draining of the Kakhovka Reservoir, which threatens the Zaporizhzhia Nuclear Power station, and the use of water denial in cities like Mariupol and Mykolaiv. Ukraine is also noted for strategic water denial in Crimea (2014) and tactical flooding in the Demydiv region. The authors argue for the expansion of U.S. climate finance for water adaptation, the use of the International Court of Justice to prosecute water infrastructure destruction as war crimes, and the integration of water management into the Global Fragility Act.

The document argues that greenhouse gas emissions constitute pollution under UNCLOS, thereby obligating State Parties to reduce emissions in line with the Paris Agreement's temperature goals. It examines the request for an advisory opinion by the Commission of Small Island States (COSIS) to the International Tribunal for the Law of the Sea (ITLOS), asserting that the duty of due diligence must be informed by the best available science to prevent ocean warming, acidification, and sea level rise.

The study finds that in eight of the nine researched EU Member States, there are no instances of NGOs bringing actions against State aid measures. It highlights a systemic lack of standing for non-competitors, limited transparency regarding aid schemes, and inconsistent public consultation practices, which collectively hinder the enforcement of EU environmental law in State aid matters.

The report examines the legal friction between the EU's Common Fisheries Policy (CFP) and the proposed Nature Restoration Law (NRL). It argues that the CFP's Article 11 'joint recommendation' process—used to protect marine areas from fishing—is plagued by delays, a de facto veto for fishing states, and a lack of accountability, which risks undermining the binding restoration targets of the NRL. The author proposes that the NRL be drafted with specific triggers and deadlines to force the CFP process forward and recommends that the European Commission take a more active role as a facilitator and mediator to prevent the watering down of environmental protections.

This policy brief, produced by CIEL and IUCN, examines the compatibility of a proposed international treaty to end plastic pollution with World Trade Organization (WTO) rules. It highlights how the international trade of plastic feedstocks, polymers, and waste accelerates the plastic crisis and serves as a mechanism for spreading micro- and nanoplastic pollution.

The report analyzes the increasing engagement of UN human rights treaty bodies (HRTBs) with climate change, noting that in 2022, 52 percent of outputs to States included climate-related recommendations. It highlights a shift toward more specific demands regarding mitigation, the phasing out of fossil fuels, and the protection of vulnerable groups, including children, women, and Indigenous Peoples. A landmark decision by the Human Rights Committee in Billy et al. v. Australia established a State's duty to protect individuals from climate impacts and provide effective remedy. The document argues for further HRTB guidance on extraterritorial obligations and the regulation of private business actors to prevent climate-induced human rights violations.

The EU Deforestation-free Products Regulation imposes significant new obligations on EU Member States to ensure products consumed in the EU do not contribute to global deforestation. Member States must designate competent authorities within six months that possess adequate powers, functional independence, and resources. Within 18 months, they must establish national penalty rules that are effective, proportionate, and dissuasive, including fines of at least 4% of annual Union-wide turnover. The Regulation also requires the creation of annual risk-based compliance check plans and enhanced coordination between competent and customs authorities.

The paper critiques South Africa's current administrative procurement system as being too rigid for complex projects and prone to corruption. It proposes a strategic approach that empowers accounting officers, integrates specialist technical functions, and shifts integrity oversight from restrictive rules to stronger enforcement and transparency mechanisms.

The document argues that IFC and MIGA proposals fail to address the need for effective remediation of environmental and social damages and lack a human rights-based approach to responsible exit from projects.

The document argues that FERC's Transmission Rulemaking and Draft Policy Statements do not trigger the major questions doctrine under the West Virginia v. EPA framework because they are not 'unheralded' or 'transformative'. However, it warns that Justice Gorsuch's concurring opinion, which suggests that intrusion into state law domains could trigger the doctrine, has led 17 states to challenge FERC's authority by citing the jurisdictional divide in the Federal Power Act and Natural Gas Act.

The paper examines the rise of trade measures based on non-product-related process and production methods (PPMs) used to address climate change, biodiversity loss, and human rights. It analyzes the legal requirements for such measures to be WTO-compliant, highlighting the importance of non-discrimination and proportionality. The authors provide examples of current PPM-based policies, including forced labour import bans, deforestation-free supply chain regulations, and sustainability-linked tariff preferences in regional trade agreements, while noting ongoing WTO disputes between the EU, Indonesia, and Malaysia over biofuels.

The document explains the mechanics of the GloBE rules, which aim to ensure a 15% minimum effective tax rate (ETR) for large multinational enterprises (MNEs) with consolidated revenues of €750 million or more. It outlines three primary policy responses for developing countries: implementing a Qualified Domestic Minimum Top-up Tax (QDMT) or a general national minimum tax, revising existing tax incentives that lower the ETR, or focusing on other priorities if the impact is minimal. The guide also provides a step-by-step methodology for countries to assess their exposure using country-by-country (CBC) reports and analyzes legal obstacles, such as fiscal stabilization clauses in investment contracts and Bilateral Investment Treaties (BITs), that may hinder tax reforms.

The document explains the mechanics of the GloBE rules, which aim to ensure large multinational enterprises (MNEs) pay a minimum effective tax rate of 15%. It outlines three primary response options for developing countries: introducing a locally collected minimum tax (either a Qualified Domestic Minimum Top-up Tax or a general national minimum tax), reviewing and reforming tax incentives that lower the effective tax rate below 15%, or focusing on other priorities if the impact is negligible. The guide also provides a step-by-step methodology for assessing a country's exposure based on available data and analyzes legal obstacles, such as fiscal stabilization clauses in investment contracts and Bilateral Investment Treaties (BITs), that may hinder tax reforms.

The document explains the OECD/G20 Pillar Two GloBE rules, which aim for a 15% global minimum tax on multinational enterprises (MNEs) with revenues over EUR 750 million. It details how top-up taxes are collected via the Income Inclusion Rule (IIR) and Undertaxed Profits Rule (UTPR), and how countries can pre-empt these by adopting a Qualified Domestic Minimum Top-Up Tax (QDMT). The guide analyzes the impact of GloBE on various tax incentives, providing a framework for countries to assess their exposure using country-by-country (CBC) reporting. It also addresses legal barriers to tax reform, specifically fiscal stabilization clauses in investment contracts and protections under Bilateral Investment Treaties (BITs), such as the Fair and Equitable Treatment (FET) standard.

The submission by Ecojustice and the Canadian Association of Physicians for the Environment (CAPE) proposes comprehensive amendments to the Competition Act to align it with Canada's net-zero and environmental commitments. The authors argue that current laws fail to address 'greenwashing'—deceptive environmental claims—which distorts the market, penalizes genuinely sustainable businesses, and misleads consumers. Key recommendations include amending the Act's purpose clause to recognize sustainability, legislating specific prohibitions against common forms of greenwashing (such as misleading carbon offset claims and generic 'eco-friendly' labels), and expanding the public's ability to challenge deceptive marketing through the Tribunal without needing to prove specific damages. Additionally, the document suggests establishing a sustainability taskforce within the Competition Bureau, allowing for 'public benefit' considerations in merger assessments, and creating exemptions for competitor collaborations that advance environmental protection.

The document serves as a legal FAQ for the CO2 Performance Ladder, a carbon management system used in the Netherlands and Belgium to provide certified organizations with award advantages in public tenders. It addresses compliance with the EU Procurement Directive, specifically regarding the link between award criteria and contract subject matter, the acceptance of equivalent proof, and the determination of the most economically advantageous tender. The tool is managed by the Foundation for Climate Friendly Procurement and Business (SKAO), which aims to expand its application across Europe to accelerate carbon emission reductions.

The document advocates for reforming the Competition Act to address greenwashing, which it describes as a market distortion that prevents consumers from making informed choices and hinders firms investing in environmental quality. The authors propose several amendments, including updating the Act's purpose clause to include environmental and climate considerations, establishing clear substantiation standards for environmental claims, and requiring public disclosure of the data used to support such claims. They also suggest introducing enhanced penalties for environmental harm, expanding private rights of action for consumers, and allocating penalties to the Environmental Damages Fund. The statement highlights that while other jurisdictions like the EU, France, and California have implemented mandatory disclosures or bans on generic claims, Canada lacks dedicated statutes for regulating environmental claims to the general public.

ClientEarth proposes that REACH reform should introduce a clear objective to eliminate the most harmful chemicals, specifically suggesting a 2030 target for consumer products to be free of such substances. The document argues that current REACH processes lack a guiding goal for restrictions, creating a gap in implementation and predictability for investors. It further asserts that preventing toxic exposure is a legally binding human rights obligation and calls for a new regulatory mechanism to discourage the registration of new harmful substances.