Search Climate Insights Directory

The Achmea judgment establishes that ISDS provisions are incompatible with EU law when they sideline domestic courts and undermine the EU's judicial system. While the ruling explicitly applies to bilateral investment treaties (BITs) between EU Member States, the briefing argues that the same reasoning likely renders agreements with third countries impermissible. This is because such tribunals are not part of the EU judicial system, may resolve disputes relating to EU law, and their awards lack sufficient review by Member State courts. Consequently, this creates significant legal uncertainty, potentially making awards won by non-EU investors unenforceable and hindering the negotiation of new agreements containing investment arbitration.

The briefing argues that climate adaptation is currently undervalued and incorrectly viewed as a local problem, which hinders global ambition. It proposes a 'transboundary' approach to climate risk, recognizing that impacts in one country create risks in others through trade, biophysical flows, people, and finance. The authors review progress from COP23 and suggest that the Paris Agreement's mechanisms—such as the global stocktake and National Adaptation Plans—should be operationalized to track and manage these cross-border risks to avoid 'climate change contagion' in the global economy.

The document argues that the Commission on Human Rights of the Philippines has the jurisdiction to investigate 'Carbon Majors'—major fossil fuel and cement producers—for their role in climate change. It asserts that these companies contributed significantly to global warming despite knowing the risks, thereby violating fundamental human rights including the rights to life, health, food, and water. The amici argue that under the UN Guiding Principles on Business and Human Rights and the 'Polluter Pays' principle, these corporations are accountable for the resulting damages. The text also outlines state obligations under international law and the Public Trust Doctrine to protect citizens from environmental harm and to seek natural resource damages for atmospheric recovery.

The study concludes that human-induced climate change had no significant influence on the occurrence of Storms Eleanor and Friederike. While observational data from the past 40 years show a decrease in near-surface wind speeds, climate models suggest a marginal increase in the probability of extreme hourly winds (0-20%) by the middle of the century due to greenhouse gases. The observed decline in storminess is attributed to factors other than climate change, such as increased surface roughness, aerosols, and decadal variability.

Ørsted has committed to reducing its greenhouse gas emission intensity from energy production by 96% by 2023 compared to a 2006 base-year, a target approved by the Science Based Targets initiative. To achieve this, the company is divesting from oil and gas, phasing out coal by 2023, and expanding offshore wind capacity to a target of 11-12 GW by 2025. Ørsted reports that it has already reduced GHG emissions intensity by 67% since 2006 and has reduced coal consumption by 82% in the same period.

The document details various green asset-backed securities (ABS) and aggregation mechanisms used to fund low-carbon transitions. It highlights specific instruments such as synthetic ABS, PACE ABS, solar ABS, and green covered bonds, providing examples of issuers and the types of underlying assets—ranging from energy-efficient mortgages to electric vehicle leases—that enable institutional investors to finance smaller-scale green assets.

The document identifies systemic failures in the REACH authorisation process, specifically noting that authorisations are often granted even when suitable alternatives exist. It argues that applicants lack incentives to provide comprehensive information and that the Committee for Socio-economic Analysis (SEAC) incorrectly shifts the burden of proof away from applicants. To remedy this, the authors propose proactive consultation methods—inspired by EU merger law—and a more rigorous technical assessment based on 'end-use function' rather than just chemical performance. Key recommendations include requiring applicants to provide contact lists of competitors and customers, implementing a decision tree for feasibility assessments, and withdrawing authorisations if undisclosed alternatives are discovered.

The briefing examines the application of penalties under the EU Timber Regulation (EUTR), concluding that current enforcement practices often fail to meet the EU legal standard of being 'effective, proportionate and dissuasive'. It highlights a prevalence of 'soft' enforcement approaches and a lack of transparency regarding sanctions, which creates an uneven playing field for companies. The document recommends the adoption of credible enforcement policies, increased public access to enforcement data, and the development of harmonised guidance on determining penalty levels.

The author examines how the rise of populism in Western politics, exemplified by the US withdrawal from the Paris Agreement and political shifts in the UK and Germany, creates risks for climate action. While some nations and entities have responded by strengthening their commitments, the author contends that overcoming political polarisation requires shifting climate communication from expert-led discourse to a values-based approach that builds broad societal consensus.

The document asserts that the revamped EU ETS rules for 2021-2030 are insufficient to limit global warming to 1.5 degrees, necessitating additional national actions such as carbon floor prices. It highlights the UK's experience, where a floor price introduced in 2013 contributed to a nearly 60% drop in coal emissions in 2016. The text notes similar initiatives in the Netherlands and considerations in Nordic countries, arguing that such price floors provide investment certainty and discourage the use of coal to avoid stranded assets.

The document outlines the process of declaring 'free territories' as a political practice of autonomy and self-determination. It provides a framework for preventive and reactive strategies, emphasizing the need for information dissemination, network organization, and propositional agendas to protect territories from extractivist models and corporate appropriation. The guide details specific regional examples, including mining-free zones in Mesoamerica, gasfield-free communities in Australia, and GMO-free regions in Europe and Costa Rica.

The document outlines the conceptual and practical framework for declaring 'free territories' as an exercise of autonomy and human rights. It provides a strategic approach to resisting the 'extractivist model'—specifically targeting REDD+, mining, fracking, and GMOs—by documenting successful community-led initiatives across Latin America, Europe, Australia, and other regions. The guide emphasizes that these declarations are not merely legal acts but political processes requiring permanent organization, public legitimacy, and the proposal of sustainable alternatives for local development.

The guide outlines the political and social process of declaring territories 'free' from specific threats, such as REDD+, mining, fracking, and GMOs. It frames these declarations as an exercise of autonomy and self-determination, providing strategic advice on prevention, information sharing, and alliance building. The document details various global case studies, including the M4 movement in Mesoamerica, anti-fracking efforts in Australia and Europe, and GMO-free initiatives in Costa Rica and the European Union, emphasizing that such declarations are tools for resisting corporate imposition and promoting sustainable, community-led development models.

The document examines Malawi's position regarding four plurilateral trade agreements: the Trade in Services Agreement (TiSA), the Government Procurement Agreement (GPA), the Information Technology Agreement II (ITA-II), and the Environmental Goods Agreement (EGA). While government officials suggest that TiSA and ITA-II could boost industrialization and competitiveness, GTAP modelling indicates that overall gains from participating in these negotiations would be very small or non-existent. Malawi currently faces significant challenges, including an undiversified export base dominated by tobacco, high costs of doing business, and limited human and financial capacity within the Ministry of Industry, Trade and Tourism to engage effectively in complex WTO negotiations.

The European automotive industry faces a 'perfect storm' of disruption driven by climate change, autonomous driving, and shared mobility. While Europe was the cradle of the car, it is now lagging behind competitors like Tesla and Chinese manufacturers in electric vehicle (EV) production and battery technology. The author criticizes EU policymakers for being too lax and suggests that the Greens are well-positioned to help steer the industry toward a sustainable and competitive future through pragmatic dialogue and ambitious regulation.

In 2017, renewables generated 30% of Europe's electricity for the first time, with wind, solar, and biomass overtaking coal generation. However, overall EU greenhouse gas emissions rose by approximately 1% due to increasing electricity consumption and a significant drop in hydro generation, which was the lowest this century. While Western European nations like the Netherlands, Italy, and Portugal announced coal phase-outs, Eastern European countries continued to rely on coal. The report also highlights the impact of the EU Emissions Trading System (ETS) reforms and the ongoing negotiations of the Clean Energy for All Europeans package.

The paper analyzes various infrastructure banks, such as the European Investment Bank and the UK's Green Investment Bank, to identify effective financial instruments and operational models. It argues that infrastructure banks should prioritize financially viable, sustainable projects that offer high socioeconomic multipliers while avoiding the crowding out of private capital. Key recommendations include tapping capital markets, providing technical assistance for project preparation, and utilizing risk-sharing instruments to leverage limited public resources.

The brief finds that while 66% of EU cities have climate plans, there is significant disparity based on city size and national legislation. National mandates in countries like Denmark and the UK significantly increase the likelihood of cities having plans, while many cities in Spain and Italy rely on international networks like the Covenant of Mayors due to a lack of national guidance.

Sustainalytics has provided a pre-issuance verification letter confirming that DNB Boligkreditt AS's Green Covered Bond meets the Low Carbon Buildings criteria of the Climate Bonds Standard. The bond is intended to finance or refinance a loan portfolio of energy efficient residential buildings in Norway. Sustainalytics found that DNB's eligibility criteria, which include compliance with Norwegian building codes TEK10 or TEK17, target residential mortgages in the top 7% of energy performance in the Norwegian market, exceeding the Climate Bond Standard's requirement of the top 15%.

Sustainalytics verified that Industrial Bank Co.'s planned green bond issuance aligns with the Climate Bonds Standard Version 2.1, specifically for assets in onshore wind, solar power, and electrified urban rail transit.