Search Climate Insights Directory
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OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)
The document asserts that because fossil fuels are the primary driver of climate change, States' duties to prevent transboundary harm and protect human rights necessitate a rapid phase-out of oil, gas, and coal. It argues that due diligence requires States to conduct environmental impact assessments (EIAs) that include downstream 'Scope 3' emissions, regardless of where they occur. Furthermore, it contends that State actions increasing fossil fuel reliance are presumptively contrary to international law and that the precautionary principle obliges States to prioritize proven emission reductions over speculative technologies like carbon capture and storage.
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Document type: Legal commentary
MEMORANDUM ON THE LEGAL CONSEQUENCES FOR STATES OF INTERNATIONALLY WRONGFUL ACTS CAUSING HARM TO THE CLIMATE SYSTEM
The document asserts that high-emitting States have breached international obligations to prevent significant transboundary harm and protect human rights by allowing cumulative greenhouse gas emissions to degrade the global climate system. It argues that these breaches constitute internationally wrongful acts under the law of State responsibility, requiring States to cease wrongful conduct and provide full reparation—including restitution, compensation, and satisfaction—for material and moral injuries. The memorandum emphasizes that international climate agreements like the Paris Agreement do not preclude these reparations and suggests that the burden of proof for causation should shift to responsible States given the available attribution science.
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Document type: Legal commentary
Obstructionist Tactics in Decision-Making: Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution
The document examines how the insistence on consensus-based decision-making in the INC process for a plastic pollution treaty acts as a tool for obstruction, allowing a minority of least ambitious countries to block substantive progress. It contrasts this with other multilateral environmental agreements that include voting provisions to incentivize compromise and avoid deadlock. The brief also details specific procedural tactics used to stall negotiations, such as repeated quorum calls and credential verifications, and warns that without the ability to vote, the final treaty will likely reflect only the lowest common denominator of ambition.
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Document type: Briefing
Carbon Market Watch inputs to the Article 6.4 Supervisory Body ahead of its 10th meeting: appeal and grievance processes
Carbon Market Watch argues that the draft Article 6.4 appeal and grievance procedures prioritize 'abuse prevention' over 'rights protection'. The organization recommends removing financial barriers such as appeal and grievance fees, broadening eligibility for grievants to include potential and indirect adverse effects, and diversifying submission channels beyond online forms to ensure accessibility for indigenous peoples and local communities (IPLCs). It further calls for the Supervisory Body to reopen the call for input and conduct structured consultations with rightsholders.
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Document type: Statement
CLIMA Y SINERGIAS ENTRE BIODIVERSIDAD
The document argues that integrating the agendas of the UNFCCC, CBD, and UNCCD is essential for effective environmental governance, particularly in Latin America and the Caribbean. It proposes creating formal dialogue spaces at COP30, aligning national planning instruments (NDCs, NBSAPs, and NAPs), and implementing multi-purpose financial mechanisms to address the interconnected crises of climate change and biodiversity loss.
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Document type: Policy brief
Solicitud de Opinión Consultiva de la República de Chile y la República de Colombia sobre “Emergencia Climática y Derechos Humanos”
The document contends that the Loss and Damage Fund (LDF) adopted at COP28 is insufficient because it treats climate reparations as voluntary donations rather than legal obligations. It argues that the fund's governance excludes frontline communities and indigenous peoples, lacks a human rights framework, and ignores the principle of common but differentiated responsibilities. The authors request that the Inter-American Court of Human Rights clarify that UNFCCC decisions do not limit state obligations to provide full reparation to climate victims.
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Document type: Briefing
Developed and developing countries are still far apart on loss and damage ahead of COP28
The document details the friction between developed and developing nations over the design, governance, and funding of the Loss and Damage Fund established at COP27. Key disputes include whether the fund should be a standalone UNFCCC entity or hosted by the World Bank, who should contribute (with the EU suggesting wealthier developing nations like China and Saudi Arabia), and whether the finance should be grants or loans. While a recommendation for a World Bank-hosted Financial Intermediary Fund was proposed, the US abstained due to concerns over legal liability and 'reparations', and the text lacks committed financial targets from developed countries.
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Document type: Research paper
Addressing the Climate Technology Gap Through Effective Technology Transfer
The document examines the systemic barriers preventing developing countries from moving beyond simple technology acquisition to endogenous climate technology development. It analyzes the role of the UNFCCC and WTO frameworks, the impact of intellectual property rights (IPR), and the limitations of trade liberalization. The author argues that effective technology transfer requires a combination of financial support, technical know-how, and 'green industrial policy' to ensure sustainable low-carbon structural transformation.
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Document type: Policy brief
In The Dark: underreporting of coal mine methane is a major climate risk
The report finds that global coal mine methane (CMM) emissions may be up to twice as high as government figures reported to the UNFCCC. It highlights a systemic failure in measurement, noting that 97% of reported emissions rely on generic emission factors rather than direct measurement. The analysis identifies 22 countries that may be underreporting emissions by more than 100%, with severe discrepancies noted in South Africa, Indonesia, and Germany. Ember recommends mandatory direct measurement for all mines, the use of satellite verification, and international financial support for low-income countries to implement these standards.
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Document type: Report
National Emission Estimates
Ember's analysis reveals that 97% of reported coal mine methane (CMM) emissions are based on emission factors rather than direct measurements, leading to widespread underreporting. The report finds that 22 countries may have more than double the emissions they officially report, with extreme discrepancies noted in South Africa, Indonesia, and Germany. Only 44 countries published CMM data for 2021, and many major producers, including China and India, have not reported recently.
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Document type: Report
What are NDCs?
NDCs are bottom-up climate strategies submitted every five years to the UNFCCC, focusing on short-term emission reductions and adaptation. While they allow countries to tailor plans to their specific capacities, they lack legal binding and sufficient ambition; current pledges would result in 2.7°C of warming. The document emphasizes the 2020-2030 period as the 'decisive decade' and highlights the 2023 Global Stocktake at COP28 as a critical moment for increasing accountability and ambition before the 2025 NDC updates.
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Document type: Fact sheet
Only two days left to get it right: a Loss and Damage Fund that promotes human rights
The Center for International Environmental Law advocates for a human rights-based approach to the Loss and Damage Fund being finalized at COP28. The author argues that hosting the fund under the World Bank would undermine its autonomy, restrict direct access for affected communities, and impose inadequate safeguards. The statement calls for a Governing Instrument that explicitly recognizes human rights obligations, ensures the representation of Indigenous Peoples and marginalized groups on the Board, and establishes an independent grievance redress mechanism.
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Document type: Statement
Decades of Systematic Obstructionism: Saudi Arabia's Role in Slowing Progress in UN Climate Negotiations
The document argues that Saudi Arabia has spent three decades using procedural and substantive tactics to undermine UN climate negotiations and the IPCC scientific process. It details how Riyadh leverages consensus-based decision-making, raises opportunistic procedural objections, and contests climate science to delay the transition away from fossil fuels. The authors conclude by recommending structural changes to UN voting rules and increased transparency to combat such obstructionism.
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Document type: Research paper
Reducing black carbon: A triple win for climate, health, and well-being
Black carbon (BC), or soot, is a potent short-lived climate pollutant resulting from incomplete combustion of fossil fuels and biomass. The report identifies the residential and transportation sectors as the primary sources, with China and India as the largest emitters. It highlights a 'triple win' of reducing BC: slowing global warming (particularly in the Arctic and Himalayas), preventing millions of premature deaths, and avoiding trillions in economic losses. Key recommendations include scaling clean cooking in sub-Saharan Africa and South Asia, retrofitting diesel engines with particulate filters, regulating shipping fuels, and incorporating BC into national climate plans (NDCs).
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Document type: Report
Programa de capacitación en diplomacia científica para tomadores de decisiones en las Américas
The Inter-American Institute for Global Change Research (IAI) and Panama's SENACYT organized a training program in science diplomacy for decision-makers in the Americas. The program includes a field trip to Coiba National Park and a three-day workshop focusing on the intersection of science, policy, and international relations to address global environmental change (GEC), including climate change and biodiversity loss. It aims to strengthen regional cooperation and evidence-based policymaking through modules on national strategies, intergovernmental processes (such as the UNFCCC and CBD), and scientific advising.
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Document type: Briefing
Adaptation in Biennial Transparency Reports
The document outlines the role of Biennial Transparency Reports (BTRs) within the Paris Agreement's Enhanced Transparency Framework (ETF) and explains how countries can use outputs from their National Adaptation Plan (NAP) processes to fulfill reporting options on climate change impacts and adaptation efforts.
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Document type: Briefing
Leveraging the NAP process
The document outlines the synergies between National Adaptation Plans (NAPs) and Biennial Transparency Reports (BTRs), suggesting that NAPs provide critical data on national circumstances, risks, and adaptation strategies that can be cross-referenced or distilled into BTRs. It notes that even countries without a formally submitted NAP can use intermediate milestones, such as risk assessments or roadmaps, to fulfill BTR reporting requirements and avoid duplication of effort.
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Document type: Guide
African perspective on climate risks
The document argues that Africa's vulnerability to climate change is underestimated because transboundary and cascading risks—where impacts in one country affect another via trade, finance, and shared ecosystems—are often overlooked. It suggests that National Adaptation Plans (NAPs) should be used to identify these external risks and the potential for domestic adaptation to create vulnerabilities elsewhere. The brief calls for increased international cooperation and the integration of climate risk into security, trade, and development policies to prevent adaptation efforts from creating 'winners and losers' across the continent.
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Document type: Policy brief
Leveraging the National Adaptation Plan Process for Adaptation Communications
The report details the NAP Global Network's support for 22 countries in leveraging their National Adaptation Plan (NAP) processes to create Adaptation Communications (AdComs) for the UNFCCC. It argues that utilizing NAP results for AdComs is effective regardless of whether a country is in the early stages of the NAP process or has been implementing it for several years, thereby boosting the profile of adaptation needs and progress while avoiding redundant reporting burdens.
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Document type: Report
Legal Analysis Request for an Advisory Opinion from the International Tribunal for the Law of the Sea
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.
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Document type: Briefing