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The document examines the intersection of trade, climate change, and industrial policy in Africa, warning that the emerging green economy risks confining the continent to a role as a raw material supplier. It highlights a 'credibility gap' where advanced economies use industrial subsidies and carbon regulations while developing nations are historically discouraged from doing so. The author advocates for a development-centered reform of the multilateral trading system, the utilization of the African Continental Free Trade Area (AfCFTA) for regional value chains, and the application of the principle of 'common but differentiated responsibilities' to ensure climate governance supports African industrial sovereignty and economic diversification.

The Kuala Lumpur Declaration demands that developed countries fulfill their climate debt through grant-based finance, including an estimated USD 5.1–6.8 trillion by 2030. It advocates for a global Fossil Fuel Treaty, the rejection of 'false solutions' like carbon removal and nuclear power, and the dismantling of restrictive intellectual property regimes to accelerate technology transfer. The declaration further calls for tripling adaptation finance by 2035 and scaling the Fund for Responding to Loss and Damage to hundreds of billions of dollars annually.

The IEJ argues that the Just Transition Mechanism must be equity-oriented, grant-based, and non-prescriptive to support developing countries' national priorities. It emphasizes the need for technical assistance that covers labour markets and social protection, and calls for governance that ensures the participation of affected stakeholders and avoids exacerbating debt burdens.

The document analyzes how the ICJ's 2025 Advisory Opinion rejects the 'lex specialis' doctrine, establishing that the UN climate regime and other multilateral environmental agreements (MEAs), human rights law, and customary international law mutually inform and reinforce one another. It argues that states must integrate climate considerations into the implementation of treaties such as the Convention on Biological Diversity and the UN Convention on the Law of the Sea to demonstrate due diligence and avoid legal consequences for non-compliance.

The ICJ's 2025 Advisory Opinion establishes that states have binding legal obligations to protect the climate system, which includes phasing out fossil fuel production and subsidies. This finding challenges the legal basis for many investor-state claims, as it undermines the 'legitimate expectations' of investors in carbon-intensive industries and provides states with stronger defenses against claims of fair and equitable treatment (FET) violations. The brief argues that the prospect of ISDS can cause 'regulatory chill,' deterring necessary climate action. It recommends that states reform investment treaties through sector-based carve-outs, restrict forward-looking damages based on projected fossil fuel revenues, and coordinate withdrawals from outdated agreements like the Energy Charter Treaty.

The document translates the ICJ's 2025 advisory opinion into practical tools for climate litigation, focusing on government framework cases, adaptation, remedies, the right to a healthy environment, corporate conduct, climate finance, speculative interventions, and regulatory rollbacks. It emphasizes that States have binding obligations to limit warming to 1.5°C, act with 'stringent' due diligence based on the best available science (IPCC), and protect human rights. The notes detail how these findings can be used to challenge inadequate NDCs, hold corporations accountable for emissions, and oppose the dismantling of environmental protections.

The document analyzes the legal implications of the ICJ's 2025 advisory opinion for 'government framework cases,' which target emissions reduction targets and regulatory frameworks. It details how the ICJ clarified that 1.5°C is the primary temperature goal of the Paris Agreement and established a 'stringent' due diligence standard for States in preparing and implementing Nationally Determined Contributions (NDCs). The guide highlights that NDCs must reflect a State's 'highest possible ambition' and be capable of making an adequate contribution to the 1.5°C goal. It also emphasizes the application of customary international law regarding the duty to prevent significant transboundary harm and the duty to cooperate, regardless of treaty membership. Furthermore, the document connects climate action to human rights obligations and intergenerational equity, providing a legal basis for courts to order remedies such as the adoption of consistent NDCs or full reparation.

The document translates the ICJ's 2025 advisory opinion into practical tools for climate litigation, focusing on government framework cases, adaptation, remedies, the right to a healthy environment, corporate conduct, climate finance, speculative interventions, and regulatory rollbacks.

The document examines the 'vicious cycle' where climate shocks force African nations to borrow, increasing debt service costs and limiting investments in climate resilience and social needs. It argues that the current creditor-led focus on binding contracts ignores the environmental and social impacts of debt. The author posits that the July 2025 ICJ advisory opinion establishes customary international legal obligations—specifically the duty to prevent significant environmental harm and the duty to cooperate—which should apply to debt restructuring. The brief recommends that African policymakers use this legal grounding to push for a new conceptual framework, such as the DOVE Principles, which integrates due diligence and common but differentiated responsibilities into debt negotiations.

The document examines how trade tools like border carbon adjustments (BCAs) and deforestation-free regulations are being used to advance climate goals and prevent carbon leakage. It highlights the administrative challenges of BCAs, the risk of excluding smallholders in deforestation-free supply chains, and the potential for these measures to clash with the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC). The authors argue for greater transparency, support for developing countries, and harmonized standards to ensure the energy transition does not deepen global inequities.

The July 2025 ICJ Advisory Opinion affirms that states have a legal obligation to prevent significant environmental damage and provide financial support to developing countries, a duty embedded in customary international law. The brief argues that this ruling provides a legal foundation for reparative justice—including restitution and compensation—and reinforces the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC). It highlights that while the Baku to Belém (B2B) Roadmap aims for US$1.3 trillion annually by 2035, it currently lacks binding targets and transparency. The document urges that COP30 use the ruling to ensure developed countries lead in delivering at least US$300 billion per year by 2035, primarily through grants and concessional resources, to support ambitious Nationally Determined Contributions (NDCs) and the Global Goal on Adaptation.

The document evaluates the first decade of the Paris Agreement, arguing that climate finance delivery has been characterized by "incremental promises, contentious negotiations, evolving priorities and an erosion of trust amongst Parties." It highlights a significant investment deficit in Africa, where the region receives only 3% of global climate finance flows despite its high vulnerability. The brief critiques the delayed and contested achievement of the US$100 billion annual goal, the underfunding of adaptation and loss and damage, and the over-reliance on debt-creating loans over grants. It calls for a shift toward public-led, concessional finance and systemic reforms to the global financial architecture to ensure equity and transparency ahead of COP30.

The Just Transition Compass serves as a non-prescriptive guide to move Just Transitions from high-level dialogue to concrete implementation. It defines core principles of distributive, procedural, and restorative justice, identifies systemic barriers to national implementation—such as limited subnational capacity and siloed finance—and analyzes the political tensions within the UNFCCC's Just Transition Work Programme (JTWP). The report advocates for a permanent international coordination mechanism to align fragmented efforts, manage the cross-border impacts of unilateral trade measures like the EU's CBAM, and mobilize private capital through sustainable finance taxonomies.

The document examines the proliferation of trade-climate measures and the resulting risks of trade barriers and disadvantages for developing countries. It proposes a multi-level approach to cooperation at the WTO, ranging from high-level legal principles and good regulatory practices to specific design features and technical interoperability of carbon accounting.

The report argues that allowing African exporters to use Article 6 carbon credits to reduce their EU CBAM liabilities would address equity concerns, retain climate finance within Africa, and provide policy flexibility. It notes that current CBAM regulations only permit deductions for explicit carbon prices (taxes or ETS), making Article 6 credits ineligible. The document highlights the significant economic risks CBAM poses to African GDP and the specific challenges African nations face in implementing traditional carbon pricing due to their emissions profiles and administrative constraints. It concludes with recommendations for the EU to amend its regulations to include high-integrity international credits, specifically those from Least Developed Countries (LDCs) and Africa, to align with the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC).

The document argues that G20 climate finance often prioritizes private profit over public welfare, trapping vulnerable nations in debt through loan-based funding and 'de-risking' strategies. It calls for a shift toward grant-based funding and public investment based on the 'polluter pays' principle to ensure a just energy transition.

Reclaim Finance criticizes the Net Zero Banking Alliance (NZBA) for proposing a new protocol that replaces mandatory 1.5°C alignment with a non-binding goal of limiting warming to "well below 2°C, striving for 1.5°C." The document asserts that removing the 1.5°C requirement and the 2050 net zero target is an act of irresponsibility that contradicts UN climate agreements and the IPCC's findings on the necessity of the 1.5°C limit to prevent catastrophic climate impacts. It further argues that the NZBA's justification—that the world is not on track for 1.5°C—is an excuse to avoid the financial sector's responsibility to accelerate the energy transition by reallocating capital from high- to low-polluting activities.

The paper examines the challenges South Africa and Brazil face in transitioning to green economies and their shared vulnerability to the EU's Carbon Border Adjustment Mechanism (CBAM). It argues that both nations perceive CBAM as a form of 'green protectionism' that violates WTO non-discrimination principles and the Paris Agreement's principle of common but differentiated responsibilities and respective capabilities (CBDR-RC). The authors suggest that South Africa and Brazil can collaborate through BRICS and BASIC to advocate for fairer trade rules, technological support, and the integration of development needs into WTO climate provisions. Domestically, the paper recommends that South Africa accelerate its Renewable Energy Masterplan (SAREM) and reform its carbon tax, while Brazil should formalise a national carbon pricing regime and enforce its Forest Code to maintain export competitiveness.

The compendium details the legal arguments presented from December 2 to December 13, 2024, at the ICJ. It highlights a fundamental divide between climate-vulnerable nations and several high-emitting States. Vulnerable nations, including many Small Island Developing States (SIDS), argue for a 'harmonious interpretation' of international law, asserting that obligations to prevent transboundary harm and protect human rights exist independently of and complement the Paris Agreement. They demand accountability for historical emissions and full reparations, including debt cancellation. Conversely, a minority of high-emitting States, such as the United States, Russia, and Saudi Arabia, argue that the UN climate treaty regime (UNFCCC, Kyoto Protocol, and Paris Agreement) is the exclusive source of State obligations, seeking to limit liability and reject the applicability of customary international law or human rights law to climate mitigation.

The document assesses whether expanding the mandatory contributor base for climate finance to include emerging economies can bridge the gap between current funding and the estimated USD 1 trillion per year needed by developing countries. It finds that even if candidate emerging countries contributed at the same rate as developed countries, the additional funds would only cover about 5.12% of the minimum need. The briefing argues that developed countries must maintain primary responsibility, highlighting that many current contributors have not met their 'fair share' and that much of the provided finance consists of loans that increase the debt burden of vulnerable nations.