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The document argues that climate action must be rights-based to be effective, urging COP-25 to ensure that Nationally Determined Contributions (NDCs) and Article 6 mechanisms include social and environmental safeguards. It specifically calls for the ratification of the Escazú Agreement, the establishment of a financial mechanism for loss and damage under the Warsaw International Mechanism, and the integration of gender-responsive approaches in the Lima Work Programme. The briefing also emphasizes the need for independent grievance mechanisms in the Sustainable Development Mechanism to remedy harms to local communities and indigenous peoples.

The document argues that TAC Regulations, while sui generis non-legislative acts, must operate within the legal framework of the CFP Basic Regulation. Because the CFP Basic Regulation requires fishing opportunities to be consistent with the MSY exploitation rate, any TAC Regulation that exceeds this rate would be incompatible with a higher norm of EU law and thus subject to annulment under Article 263 TFEU.

The analysis argues that large compensation payments to German lignite operators are unlikely to be legally justified because the sector is currently loss-making and most plants have already amortised their investments. Under the German Constitution, compensation is only required in cases of 'exceptional hardship', which is unlikely given the plants' low profitability. Furthermore, such payments would likely be classified as EU State aid, requiring European Commission approval. The document suggests the Commission would struggle to find such aid proportionate or necessary, as market forces and high carbon prices are already driving closures, and other countries like the UK have phased out coal without compensation.

The document examines Law 13.887/2019, which modifies the Brazilian Forest Code to provide greater legal certainty for the CAR and PRA. Key changes include making the CAR a permanent registry while setting a December 31, 2020, deadline for registration to maintain eligibility for flexible regularization rules under the PRA. It also notes that agricultural credit remains tied to CAR registration as of December 31, 2018, and highlights potential legal tensions regarding the federal government's ability to implement a national PRA if states fail to do so by the end of 2020.

The report assesses how the National Prosecuting Authority (NPA) and the Public Protector in South Africa have been affected by political interference. It argues that while these bodies are designed for impartiality, presidential appointment powers and the selection of politically aligned leaders have frequently compromised their independence. The NPA is described as having a 'tumultuous existence' due to executive pressure, while the Public Protector's effectiveness is noted to depend heavily on the individual incumbent, ranging from the highly regarded Thuli Madonsela to the court-criticized Busisiwe Mkhwebane. The author recommends constraining presidential discretion in appointments, introducing separate budgets for the NPA, and involving civil society in recruitment to bolster institutional integrity.

The 1969 OAU Refugee Convention has been ratified by 47 of 55 AU member states and is credited with expanding the legal definition of a refugee to include those fleeing external aggression or public order disturbances. Despite its wide domestication, implementation is hindered by xenophobia, security concerns, and declining international funding. The report argues that the Global Compact on Refugees (GCR) and its Comprehensive Refugee Response Framework (CRRF) can reinforce the Convention by promoting responsibility sharing, regional approaches, and socio-economic inclusion of refugees.

ClientEarth identifies systemic failures in the implementation of the IED's 'Aarhus rights' across the EU. It argues that the IED's wording is too narrow to comply with the Aarhus Convention, particularly regarding public participation during permit updates. National implementation is further hindered by limited online information, high litigation costs in the UK, and a tendency for judges in Bulgaria and the UK to defer to regulators due to the technical complexity of the IED. Case studies from Bulgaria, Spain, and the UK illustrate these deficits, including the withholding of baseline reports in Spain and the lack of electronic access to permit applications in Bulgaria.

The document proposes overhauling the Energy Charter Treaty (ECT) to ensure it supports rather than hinders the low-carbon transition. It suggests three building blocks for a revised ECT: encouraging low-carbon energy investments, discouraging carbon-intensive energy investments, and ensuring a just transition to low-carbon economies and societies.

The briefing analyzes the impacts of PLV 22/2019 on the Brazilian Forest Code and the Environmental Regularization Program (PRA). It warns that a proposed three-day deadline for state agencies to call landowners to sign commitment terms is practically impossible due to the complex validation process of the Rural Environmental Registry (CAR). If passed without changes, the bill could lead to the automatic environmental regularization of thousands of properties and the amnesty of fines, bypassing the required recovery of degraded areas.

The author argues that EU free trade agreements (FTAs) provide a mixed record of worker protection. While TSD chapters reinforce fundamental International Labour Organization (ILO) standards, they lack binding enforcement sanctions and neglect broader employment laws. The EU's ability to strengthen these protections is constrained by a legal division of competences between the EU and its member states, which limits the EU's solo authority to regulate social protection levels. The author suggests that 'regulatory cooperation' mechanisms could be a viable path to improve oversight and prevent a 'race to the bottom' in social standards.

The document analyzes the implementation of the Aarhus Convention in Austria, detailing the legal paths for accessing environmental information, public participation in decision-making, and the right to challenge environmental violations. It highlights significant deficits in the Austrian system, particularly regarding the third pillar of the Aarhus Convention (access to justice for general environmental violations), and examines the role of the European Court of Justice (ECJ) and the Aarhus Convention Compliance Committee (ACCC) in shaping these rights.

The Republic of Congo is revising its forest legislation to include community forestry for the first time. ClientEarth identifies five priority areas for the new legal framework: clear land and forest tenure rights, accessible allocation processes, principles for community governance, simple management rules, and equitable benefit-sharing mechanisms. The briefing emphasizes that current proposals lack precision in these areas and calls for an inclusive, participatory drafting process involving local communities and indigenous populations to avoid implementation challenges and elite capture.

The document analyzes how MPV 884/2019, by removing the deadline for CAR registration, risks undermining the Environmental Regularization Program (PRA) and creating legal insecurity. It examines 35 parliamentary amendments, some of which propose drastic changes to the PRA's operational logic, and discusses a pending Supreme Court challenge (ADI 6.157/DF) regarding the measure's constitutionality.

The Centre for Environmental Rights (CER) is urging the South African government to penalize Eskom for chronic air pollution at the Kendal power station. Evidence from 2016-2019 shows frequent exceedances of particulate matter (PM) limits, with some units emitting 12 to 13 times the allowable limit. The CER argues that previous enforcement notices have been ineffective and that Eskom is violating both its AEL and the National Environmental Management Act's duty of care, impacting the health of communities in the Highveld Priority Area.

The authors analyze border carbon adjustments (BCAs) as a tool to prevent carbon leakage—the shift of emissions to regions with weaker climate policies—amidst a fragmented international climate architecture. While noting that improved emissions data and shifting trade dynamics create an opportunity for BCAs, the authors highlight ongoing risks regarding WTO compatibility and trade retaliation. The paper provides guidelines for BCA implementation to maximize climate benefits and minimize legal risks, though it concludes that BCAs are not a stable long-term solution for global climate action.

The document examines Spain's dual-track legal system for combating IUU fishing, highlighting the success of administrative sanctions—such as the 25 million euro penalties from Operations Sparrow I and II—while contrasting this with the failure of criminal prosecutions in external waters, specifically the Supreme Court's dismissal of charges against Vidal Armadores due to jurisdictional limits.

The document details the systemic contamination of groundwater by coal ash at 91% of monitored U.S. coal plants, highlighting the toxicity of substances like arsenic and lead. It describes legal actions and community advocacy used to challenge the Trump administration's attempts to weaken the 2015 coal ash rule and discusses the implementation of the Coal Ash Pollution Prevention Act (Senate Bill 9) in Illinois to ensure financial assurance and transparency in cleanups.

The report examines how disparities in the implementation of the IUU Regulation across EU Member States create risks that illegal fishery products are diverted to countries with stricter controls, such as Spain, through intra-EU trade. It analyzes three scenarios: third-country products in transit, third-country products already imported by another Member State, and products produced within the EU. While the free movement of goods under the TFEU limits systematic 'double-checking' of Union goods, the report identifies that random sample checks and requirements to prove Union goods status remain viable tools. It recommends that the European Commission harmonize IUU Regulation implementation and that Spain increase random checks and resources for the General Secretariat of Fisheries (SGP).

This briefing examines the inequitable resource interdependency between Europe and Africa in the extractive sector. It argues that a symbiotic relationship can be achieved by implementing 'extractive justice'—incorporating procedural, distributive, and recognitional justice—into legal and policy frameworks to address wealth imbalances and governance deficits.

The document outlines the legal requirements for public participation in the development of national long-term strategies (LTS) for greenhouse gas emission reductions by 2050. It asserts that the EU Governance Regulation (GR) is insufficiently clear and may not fully comply with the Aarhus Convention, which mandates early public involvement when all options are open. ClientEarth provides a consolidated procedure for compliant participation, including open access to all interested parties, active dissemination of relevant documents, and specific timeframes for consultation. The briefing notes that previous strategies submitted under the Paris Agreement are insufficient to meet current GR requirements and urges that public participation for the 2020 deadline should have commenced by September 2019.