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ICJ AO Litigation Notes Digest February 2026 Litigation Note on Challenging Speculative or Harmful Climate Interventions and Offset-Based Climate Mitigation Measures
This briefing note by the Center for International Environmental Law (CIEL) analyzes the International Court of Justice's (ICJ) July 2025 Advisory Opinion (AO) on climate change. It specifically examines how the AO's findings on State obligations—including the duty to prevent harm, stringent due diligence, and the precautionary principle—can be used to challenge reliance on speculative climate interventions (such as geoengineering and carbon capture) and offset-based mitigation measures that may delay the phase-out of fossil fuels.
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Document type: Briefing
Carbon Markets are Not Climate Finance
This policy brief by the Center for International Environmental Law (CIEL) argues that carbon markets and the purchase of carbon offsets do not constitute legitimate climate finance. The document asserts that relying on these markets allows Global North countries and polluters to avoid their legal obligations to fund mitigation and adaptation in the Global South while perpetuating the fossil fuel economy.
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Document type: Policy brief
Capping Potential Blowouts
This policy brief from the International Institute for Sustainable Development evaluates Canada's proposed greenhouse gas emissions cap for the oil and gas sector, arguing that while the cap is necessary, certain 'compliance flexibilities' could weaken its effectiveness.
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Document type: Policy brief
Interactive Dialogue with the Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises
A joint statement by the Center for International Environmental Law (CIEL) and Earthjustice supporting a Working Group report on investors, ESG approaches, and human rights, specifically calling for mandatory disclosure laws to prevent greenwashing and the use of carbon offsets to justify fossil fuel expansion.
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Document type: Statement
Relying on soil-based carbon capture to offset livestock emissions
This briefing by Zero Carbon Analytics examines the potential and limitations of using soil carbon sequestration, specifically through regenerative grazing, to offset greenhouse gas emissions from livestock. While some estimates suggest significant carbon uptake potential, the document argues that these gains are often overstated because they fail to account for the finite capacity of soil, the reversibility of carbon storage, and the potent warming effects of methane and nitrous oxide emitted by ruminants.
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Document type: Briefing
Submission to the Review of Australia’s Coal Mine Waste Gas method
This submission by Ember to the Federal Department of Climate Change, Energy, the Environment and Water (DCCEEW) argues for the extension and expansion of Australia's Coal Mine Waste Gas (CMWG) method beyond 2025. Ember recommends extending the methodology to include open-cut mines and improving measurement and verification frameworks to accelerate the decarbonisation of the coal sector.
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Document type: Report
Guidance to assess transition plans
The 'Guidance to assess transition plans' by the Climate Bonds Initiative provides a framework for evaluating corporate strategies to reach net zero emissions. It introduces the 'Triple A' framework—Ambition, Action, and Accountability—and five specific 'Hallmarks' to help stakeholders identify credible, science-based transition plans that align with the 1.5-degree Paris Agreement goal.
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Document type: Guide
Natural Climate Solutions, Fire Mitigation and Net Zero
This working paper evaluates the impact of forest fires on the permanence of natural climate solutions (NCS) within voluntary carbon markets, specifically analyzing six REDD+ projects certified under the Verified Carbon Standard (VCS) Program in Brazil, Indonesia, and Peru.
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Document type: Research paper
Policy Update: Australia’s Senate Inquiry recognises the “massive climate harm” of Coal Mine Methane but fails to outline steps to tackle it
This policy brief by Ember analyzes the findings of the Australian federal Senate Standing Committee on Environment and Communications' inquiry into the Safeguard Mechanism (Crediting) Amendment Bill 2022. While the Committee acknowledged the significant climate impact of coal mine methane emissions, Ember argues that the final recommendations failed to mandate rigorous measurement standards or direct onsite mitigation, relying instead on a system of offsets and declining intensity baselines that may not sufficiently address methane's specific warming properties.
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Document type: Policy brief
Net Zero Stocktake 2022
The Net Zero Stocktake 2022 executive summary analyzes the status of net zero target setting across 4,000+ entities, including national governments, sub-national governments, and companies. While the report notes a surge in the quantity of targets and an increase in domestic legislation, it highlights a widespread lack of credibility and robustness in these pledges, particularly regarding the use of external offsets and the inclusion of Scope 3 emissions.
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Document type: Executive summary
The Roots of Forest Loss and Forest Governance
This policy brief by the International Institute for Sustainable Development examines the drivers of global forest loss, the evolution of international forest governance, and the role of private sector commitments and carbon markets in forest protection.
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Document type: Policy brief
Finding the Way to Zero
This report summarizes the outcomes of a 2021 virtual workshop series organized by Climate Action Network – Réseau action climat (CAN-Rac) Canada, involving approximately 30 civil society groups to discuss the implications of net-zero in Canada.
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Document type: Report
False solutions prevail over real ambition at COP26
The Center for International Environmental Law (CIEL) describes COP26 in Glasgow as a failure that prioritized 'false solutions' and corporate interests over the immediate action required to limit global warming to 1.5°C. The statement highlights the exclusion of civil society and Indigenous Peoples, the inadequacy of climate finance for the global South, and the failure of negotiated texts to commit to a full phase-out of fossil fuels, despite groundbreaking side-initiatives.
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Document type: Statement
COP26 pledge to end deforestation no more than a rebranding of previous flawed attempts to greenwash increased carbon emissions
Friends of the Earth International criticizes the COP26 pledge to halt deforestation as a rebranding of flawed initiatives that allow corporations and polluting nations to offset emissions rather than reduce them, warning that it risks facilitating land grabbing and human rights violations.
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Document type: Statement
La promesa de la COP26 de acabar con la deforestacion
Friends of the Earth International criticizes the COP26 commitment to end deforestation, characterizing it as a superficial effort that allows major polluters to continue emitting carbon through carbon offsets and market-based mechanisms rather than implementing regulatory action and protecting indigenous rights.
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Document type: Statement
Assessing crediting scheme standards: ensuring unit quality under the Paris Agreement
This research paper proposes a framework for assessing the standards and practices of carbon crediting schemes to ensure unit quality, specifically for countries using these schemes as a basis for international emissions trading under the Paris Agreement.
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Document type: Research paper
Real Ambition vs False Solutions COP26
A statement by the Center for International Environmental Law outlining the necessary conditions for COP26 to achieve real climate ambition, arguing that success requires the phase-out of fossil fuels, equitable financial support for developing nations, and the rejection of 'false solutions' like carbon offsets and geoengineering.
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Document type: Statement
Private Financial Institutions Commitments to Paris Alignment
The Climate Policy Initiative analyzed public climate commitments from over 350 private financial institutions across four sectors. While assets committed to net zero have grown to over USD 93 trillion, the report finds a significant lack of interim targets, detailed transition plans, and comprehensive fossil fuel phase-out strategies.
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Document type: Report
How Big Polluters are using “net zero” to block meaningful action at COP26
This fact sheet by Friends of the Earth International argues that major corporations and industry groups are using "net zero" commitments as a "con" to greenwash their images and block effective climate policy ahead of COP26. The document details how six specific entities—BP, Microsoft, IETA, BlackRock, Shell, and Drax—continue to invest in fossil fuels, lobby governments, and rely on unproven technologies or offsets while maintaining a public image of climate leadership.
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Document type: Fact sheet
How Big Polluters are using “net zero” to block meaningful action at COP26
This fact sheet by Friends of the Earth International argues that major corporations and industry groups are using "net zero" pledges as a strategy to delay meaningful climate action and greenwash their images ahead of COP26. The document details how six specific entities—BP, Microsoft, Drax, IETA, BlackRock, and Shell—employ false solutions, accounting loopholes, and aggressive lobbying to maintain business-as-usual fossil fuel extraction and emissions while appearing to align with the Paris Agreement.
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Document type: Fact sheet