Search Climate Insights Directory

Former OPCW Director-General Ahmet Üzümcü details the challenges of investigating chemical weapons use in Syria, the failure of the UN-led Joint Investigative Mechanism due to a Russian veto, and the subsequent creation of the OPCW's Investigation and Identification Team (IIT) to attribute responsibility for attacks.

The report analyzes Sweden's 2017–2018 term on the UN Security Council, examining how a small state can influence the body's outcomes regarding Women, Peace and Security (WPS). It details Sweden's strategic approach—rooted in its feminist foreign policy—to move WPS from a thematic 'add-on' to 'core Council business' by integrating actionable language into regular resolutions, particularly those concerning peacekeeping and political mission mandates. The authors provide a framework for assessing the impact of elected members (E10) through criteria of frequency, clarity, and priority of resolution language, while outlining the tactical maneuvering required to navigate P5 power dynamics and UNSC working methods.

The Global Campaign argues that the second revised draft of the UN binding treaty on transnational corporations (TNCs) is insufficient and has "lost its soul" by failing to address the accountability gap and corporate capture. The statement highlights critical omissions, including the lack of recognition of TNC obligations to respect human rights, the absence of global value chain references, and the failure to establish effective international legal mechanisms or an international court. It further warns that the draft weakens the liability of parent companies and extends the scope to all enterprises regardless of transnational activity, contrary to Resolution 26/9. Finally, the campaign urges the postponement of the sixth session of the Working Group as a negotiating session, citing the Covid-19 pandemic's impact on the ability of civil society and affected communities, particularly in the Global South, to participate meaningfully.

The Global Campaign criticizes the August 2020 draft of the UN legally binding instrument on transnational corporations, arguing it has 'lost its soul' by diluting its scope and failing to include critical protections for human rights and accountability for global value chains.

The Global Campaign for Peoples' Sovereignty criticizes the second revised draft of the UN binding treaty on transnational corporations (TNCs), arguing it is too weak to achieve the goals of Resolution 26/9. The campaign highlights the failure to include obligations for TNCs to respect human rights, the omission of global production chains, and the lack of an international court for sanctions. It also warns that the COVID-19 pandemic hinders civil society participation, calling for alternative consultation methods before the sixth session of the Intergovernmental Working Group.

The document proposes a framework for states to suspend ISDS provisions to prevent foreign investors from initiating legal claims against governments for emergency COVID-19 measures. It includes a draft agreement that defines COVID-19-related measures as 'self-judging' and suggests both multilateral and bilateral implementation paths to mitigate legal risks associated with public health and economic interventions.

The International Institute for Sustainable Development (IISD) proposes a legal framework to protect states from ISDS claims arising from emergency COVID-19 measures. The proposal suggests a coordinated suspension of ISDS provisions for any state action taken after December 1, 2019, to manage public health and national economies. It offers both a multilateral approach for broad coverage and a bilateral approach for faster implementation, emphasizing that the determination of whether a measure is COVID-related should remain at the discretion of the host state to prevent tribunal interference.

The International Institute for Sustainable Development (IISD) provides a proposed legal text and commentary for an agreement to suspend investor-state dispute settlement (ISDS) for COVID-19 related measures. The proposal aims to protect governments from unprecedented risks of foreign investor claims resulting from emergency public health and economic interventions. It suggests both a multilateral approach for broad coverage and a bilateral approach for faster implementation, featuring a 'self-judging' definition of COVID-19 measures to ensure state sovereignty over the classification of such actions.

The guide presents a methodology to re-center international law around the social-ecological relationships of Indigenous peoples, local communities, and peasants. It critiques the fragmentary nature of state and international law, which often compartmentalizes resources and conflicts with customary law. To address this, the authors apply a 'Traditional Resource Rights' (TRR) approach to 'bundle' disparate legal provisions into categories of rights organized by a landscape-based logic. The document also provides international definitions for Indigenous peoples, local communities, and peasants, and discusses the distinction between 'hard' and 'soft' international law.

The statement by Friends of the Earth International asserts that systemic crises in climate and biodiversity are driven by a model that privileges transnational corporate profits over human rights and the environment. It advocates for a legally binding international instrument to hold these corporations accountable, proposing seven specific demands including the creation of an International Court for transnational corporations and the legal primacy of human rights over investment agreements.

Friends of the Earth International expresses deep disappointment with the revised text of the UN's proposed binding treaty on transnational corporations. The organization argues that by expanding the scope to all companies rather than focusing on transnational corporations, the text ignores the power structures of parent companies and their supply chains. While acknowledging the inclusion of victims' rights, the group contends the document lacks international mechanisms to hold corporations accountable and fails to establish the supremacy of human rights over trade and investment agreements.

Friends of the Earth International expresses frustration with the Revised Draft of the UN's legally binding instrument for regulating transnational corporations, claiming it dilutes the focus on transnational entities and fails to establish direct corporate obligations, instead placing responsibility solely on States.

Friends of the Earth International (FoEI) argues that the Zero Draft presented by the IGWG is too weak and fails to establish a robust mechanism to end the impunity of transnational corporations. The organization advocates for the primacy of human rights over trade and investment agreements, the establishment of an international tribunal for TNCs, and the inclusion of direct legal obligations for corporations rather than relying on voluntary principles or state-centric responsibilities. FoEI also criticizes the European Union for its lack of constructive participation and for favoring corporate interests over human rights.

Friends of the Earth International (FoEI) argues that the 'Zero Draft' presented by Ecuador for the UN binding treaty on transnational corporations (TNCs) is too weak to end corporate impunity. FoEI advocates for the treaty to establish direct legal obligations for TNCs, prioritize human rights over trade and investment agreements, and create an international tribunal for corporate human rights violations. The document criticizes the European Union for its lack of substantive participation and warns against 'corporate capture' of the negotiation process, emphasizing the need for a gender perspective and the protection of human rights defenders.

The guide highlights corporate human rights abuses in Asia—including land grabs in Malaysia and Sri Lanka, coal power threats to mangroves in Bangladesh, and nuclear risks in Russia and Palestine—to advocate for a UN Binding Treaty on Transnational Corporations. It calls for an enforceable legal mechanism, international grievance systems, and accountability for global supply chains and international finance.

The statement by Friends of the Earth International argues that the European Union is delaying and undermining the UN process to establish a legally binding treaty for transnational corporations. While civil society and many Global South nations support the treaty to end corporate impunity for human rights and environmental abuses, the EU has historically opposed the resolution and recently sought to restrict the intergovernmental working group's mandate. The author advocates for a 'Zero Draft' that includes civil and criminal liability for companies, supply chain transparency, and the primacy of human rights over trade agreements.

Friends of the Earth International criticizes the European Union for hindering the UN process to create a binding treaty for multinational corporations. The author contends that the EU is attempting to reduce the mandate of the UN working group and prefers voluntary guidelines over legal accountability. The document advocates for a treaty that includes civil and criminal liability for corporate executives, supply chain transparency, and the establishment of an International Human Rights Court to ensure justice for affected communities and the protection of land defenders.

ClientEarth asserts that the EU is in violation of international law following a 2017 finding by the Aarhus Convention Compliance Committee (ACCC) that the EU fails to provide the public with adequate access to EU courts. The document argues that the current Aarhus Regulation is unduly restrictive, noting that only 7 out of 35 internal review requests were declared admissible. ClientEarth contends that amending the Aarhus Regulation is the only viable legal mechanism to remedy these shortcomings and bring the EU into compliance with the Aarhus Convention and the Vienna Convention of the Law of Treaties.

The statement advocates for a legally binding treaty to regulate transnational corporations, emphasizing that current frameworks like the UN Guiding Principles on Business and Human Rights are "gender-blind". It highlights how women disproportionately suffer from environmental degradation, extractive industry impacts, and gender-based violence linked to corporate security forces. The authors propose three requirements for the treaty: mandatory gendered impact assessments, gender-sensitive remedy mechanisms, and protection for women human rights defenders.

The Center for International Environmental Law (CIEL) criticizes the World Bank's draft Guidance Notes accompanying its 2018 environmental and social policy, stating that most notes lack tangible recommendations and fail to reference international human rights and environmental laws. While CIEL notes positive elements in the guidance regarding resource efficiency, pollution prevention, and core labor standards, it argues that the overall framework relies on vague language and excludes civil society from the creation process. CIEL calls for the Bank to develop robust, specific guidance and allow further civil society feedback to avoid reputational risks and ensure sustainable development.