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The Life After Coal Campaign argues that the Draft Regulations Amending the Electricity Regulations on New Generation Capacity, 2011 are redundant and legally inconsistent. They contend that the Electricity Regulation Act (ERA) does not require Ministerial approval for municipalities to establish electricity capacity, and that such regulations create unnecessary barriers to the urgent transition to clean energy. The document highlights the severe health, environmental, and economic harms of South Africa's coal-dependent energy sector and criticizes the Integrated Resource Plan (IRP) 2019 for unjustifiably constraining renewable energy while permitting new coal and gas capacity. The campaign recommends that if the regulations proceed, they must include requirements for environmental and health impact assessments, transparent public consultation, and financial support for under-resourced municipalities.

The document examines the socio-environmental gaps in the proposed new Concessions Law in Brazil, specifically regarding environmental licensing, feasibility studies, and the liability of financiers. It argues that current ambiguities in the bill regarding the Preliminary Environmental License (LP) and the omission of mandatory Technical, Economic, and Environmental Feasibility Studies (EVTEA) increase project risks. Furthermore, it warns that the bill's attempt to limit the civil liability of financiers contradicts current judicial trends and the National Environmental Policy, potentially leading to increased litigation.

The document details how climate change threatens the bio-cultural resources and traditional knowledge of African indigenous peoples, specifically within Indigenous peoples' and local communities' conserved territories and areas (ICCAs) and pastoralist communities. It highlights the use of traditional knowledge and 'Community Protocols' as essential tools for climate adaptation and the protection of customary laws. Finally, it outlines the severe risks faced by cultural rights defenders in Africa, including land grabbing, physical violence, and criminalization, while recommending the establishment of defender funds and coordinated monitoring to protect these activists.

The document analyzes two primary compensation mechanisms for LEAG's lignite-fired units in Lusatia: Direct Closure Payments and a New Security Reserve. It argues that the EUR 1.75 billion in Direct Closure Payments lack a meaningful incentive effect because the plants would close on a similar or earlier schedule under business-as-usual scenarios, resulting in minimal CO2 reductions. Furthermore, it contends that the New Security Reserve is unlawful as it fails to meet the design and transparency requirements of the EU's 2019 Electricity Market Regulation and creates a perverse incentive for operators to increase generation prior to mothballing to maximize remuneration.

The document examines how the COVID-19 pandemic and associated government responses create a 'double-edged sword' for states, as both companies and governments may invoke force majeure to avoid contractual or treaty obligations. It advises governments to seek pragmatic, short-term negotiated solutions with companies and to avoid making broad legal arguments against force majeure that could later undermine their own defenses in international investment disputes.

The policy brief warns governments that force majeure is a 'double-edged sword' during the COVID-19 pandemic. While governments may use it to justify emergency measures, they must also face claims from companies unable to operate. The author recommends a case-by-case approach, avoiding general legal declarations, and using 'without prejudice' communications to mitigate future litigation risks in contractual and investor-state disputes.

The document analyzes the tension between South Africa's efforts to reform its copyright law via the Copyright Amendment Bill B13-2017 and the US Trade Representative's (USTR) review of South Africa's GSP eligibility. It argues that the US uses GSP conditionalities to protect its own IP interests and force reciprocity, which infringes on the national regulatory space of developing nations. The author suggests that South Africa and other African nations should diversify their exports toward knowledge-based goods and pursue a bottom-up approach to IP rights through the African Continental Free Trade Agreement to reduce dependence on unilateral US trade arrangements.

The report asserts that the Environmental Protection Agency and Army Corps of Engineers failed to meaningfully assess the environmental harms resulting from two regulatory rollbacks of the Clean Water Act. It argues that the agencies' claims that compliance-cost savings outweigh environmental harms are based on severe methodological flaws, and that correcting these analyses would likely reveal the rollbacks are net costly to society, potentially depriving the public of billions of dollars in annual benefits.

The document details a legal complaint against the Romanian government for large-scale illegal logging in primary and old-growth forests, specifically within Natura 2000 protected sites. It argues that Romania has failed to implement the EU Timber Regulation, the Habitats Directive, and the Birds Directive, leading to the loss of half of the country's identified intact virgin forests over the last 15 years. Evidence from the Făgăraș Mountains, Maramures Mountains, and Domogled shows significant habitat deterioration and threats to protected species, including the capercaille.

The briefing critiques the European Commission's draft proposal to modernise the Energy Charter Treaty (ECT), asserting that it fails to adequately protect the EU's regulatory autonomy or shield climate policies from investor-state dispute settlement (ISDS) challenges. It argues that the proposal maintains an outdated focus on investment protection and lacks binding sustainability mechanisms, a requirement to exhaust local remedies, and a specific carve-out for climate response measures. The author concludes that without fundamental shifts—such as differentiating between low-carbon and carbon-intensive investments and establishing a supremacy clause for environmental obligations—the ECT will continue to create a 'chilling effect' on essential environmental and social regulations.

The document analyzes a new legislative report on MP 910/2019, which modifies Law 11.952/2009. The authors conclude that the report preserves several regressions, reverses previous improvements, and includes unconstitutional legislative additions, particularly regarding the extension of timeframes for land regularization and the simplification of verification processes for large areas.

The briefing warns that emergency government responses to the COVID-19 pandemic—such as lockdowns, medical supply requisitions, and export bans—create an unprecedented risk of investor-state dispute settlement (ISDS) claims under over 3,000 investment treaties. It highlights the unpredictability of arbitration tribunals and the high cost of defense, citing historical examples from Argentina and Egypt where states faced multi-billion dollar awards. The authors call for a coordinated global response, potentially through the UN or WTO, to suspend ISDS for pandemic measures or issue joint interpretations of the 'state of necessity' defense. As an interim measure, it suggests states may withdraw their consent to arbitration.

The briefing warns that emergency COVID-19 measures—such as lockdowns, nationalization of health services, and export bans—risk triggering a wave of investor-state dispute settlement (ISDS) claims under over 3,000 investment treaties. It highlights the unpredictability of arbitration tribunals and the high cost of defense, which can average 8 million USD per case. Using historical examples like Argentina's 2001 crisis, the document illustrates how such claims can result in billions of dollars in awards, potentially undermining national health budgets and IMF rescue packages. The authors call for a coordinated global response via the UN, UNCTAD, or UNCITRAL to suspend arbitration for COVID-19 measures or issue joint interpretations of the 'state of necessity' defense. As an interim measure, it suggests that states may unilaterally withdraw their consent to arbitration.

The document argues that South Africa's criminal justice system has been eroded by political manipulation and patronage, which has de-professionalised institutions and enabled impunity. It specifically examines the National Prosecuting Authority (NPA), the South African Police Service (SAPS), the Directorate for Priority Crime Investigation (DPCI), and the Independent Police Investigative Directorate (IPID). The author contends that the current legal frameworks grant excessive discretionary power to the President and Ministers, blurring the political-administrative divide. To remedy this, the paper proposes the establishment of independent selection panels to recommend candidates based on objective, transparent criteria and the use of independent boards of enquiry for removals. It emphasizes that these reforms are necessary to restore the legitimacy and impartiality of the state's investigative and prosecutorial mandates.

ClientEarth argues that the European Commission must conduct a public consultation before adopting the Farm to Fork Strategy to comply with the Aarhus Convention and EU Treaties. The organization identifies several critical gaps in the current Roadmap, including the need to align the Common Agricultural Policy (CAP) with European Green Deal objectives through SMART targets and to address agricultural air pollution, specifically ammonia and methane. ClientEarth also calls for an end to overfishing, the promotion of only sustainable aquaculture, and the implementation of a zero-pollution action plan for air, water, and soil. Additionally, it advocates for new legislation on Food Contact Materials to eliminate harmful chemical residues and a reduction of pesticide use by 80% by 2030.

ClientEarth challenges the planned Belgian capacity mechanism (Planned CM), asserting that it lacks a complete design and fails to demonstrate a genuine resource adequacy concern. The organisation argues that the scheme would unfairly favour gas capacity, contradicting EU objectives to phase out environmentally harmful subsidies and hindering decarbonisation. It further contends that the Belgian electricity market's resilience and the availability of less distortive alternatives, such as strategic reserves and market reforms, render a market-wide capacity mechanism unnecessary. ClientEarth also warns that the Planned CM could strengthen the market dominance of existing oligopolistic players and lacks sufficient preference mechanisms for low-carbon resources.

The author advocates for a 'legal revolution' to address the climate and environmental crisis by granting legal personhood to species and ecosystems. This approach aims to replace the current system, where nature is treated as an object for exploitation, with a framework that recognizes planetary boundaries and holds corporate executives accountable through the criminalization of ecocide. The text highlights the work of the non-profit Notre Affaire à Tous in mobilizing citizens and pursuing legal action, such as the Affaire du Siècle, to force state accountability.

The report synthesizes the work of UN human rights treaty bodies (HRTBs), including the CEDAW, CESCR, and CRC, on climate change. It details how these bodies use state reporting, communications procedures, and general comments to hold States accountable for human rights violations caused by climate change and insufficient mitigation efforts. Key findings emphasize the need for highest-ambition emissions cuts, the phasing out of fossil fuels, and the protection of vulnerable groups, including women, children, and Indigenous Peoples.

The document analyzes the legal frameworks and practical trends associated with terminating bilateral investment treaties (BITs), specifically focusing on the roles of termination and survival clauses. It details three primary methods of termination—by consent with renegotiation, by consent without renegotiation, and unilateral termination—while providing strategic considerations for states to mitigate investor-state dispute settlement (ISDS) risks. The guide also suggests modern drafting approaches for new BITs to avoid the pitfalls of 'tacit renewal' and long survival periods.

The document analyzes the increasing trend of states terminating old-generation bilateral investment treaties (BITs) due to perceived imbalances in the investment regime. It details the legal mechanisms for termination under the Vienna Convention on the Law of Treaties, compares 'tacit renewal' and 'fixed-term' termination clauses, and discusses the impact of 'survival clauses' (sunset clauses). The guide outlines three primary paths for termination: mutual consent (with or without renegotiation), multilateral instruments, and unilateral denunciation. It provides strategic advice on neutralizing survival clauses and recommends that states actively track key treaty dates to avoid missing narrow termination windows.