Search Climate Insights Directory

The document examines the 'fair and equitable treatment' (FET) standard in international investment agreements, noting its prevalence in nearly 95% of such treaties and its role in 83% of treaty-based arbitrations. It argues that the vagueness of FET leads to inconsistent interpretations by tribunals, which can result in 'regulatory chill' for states. The brief outlines five common formulations of FET and suggests three primary policy alternatives: excluding the FET standard entirely, using alternative terminology like 'fair administrative treatment', or implementing a strictly defined, limited FET standard with a closed list of violations.

The document analyzes the 'fair and equitable treatment' (FET) standard, which appears in nearly 95% of international investment agreements and is the basis for approximately 83% of investor-state arbitrations. It argues that the lack of a precise definition allows tribunals to expand the standard's scope, creating legal unpredictability and 'regulatory chill' for states. The brief details five common drafting approaches—ranging from unqualified FET clauses to those linked to customary international law—and concludes that even 'new generation' treaties often produce the same results as older ones. To protect their right to regulate, the authors suggest three policy options: excluding the FET standard entirely, using alternative terminology like 'fair administrative treatment', or implementing a strictly defined, closed list of violations that explicitly excludes investor expectations.

The document argues that power grids must become the backbone of the energy system to achieve a carbon-neutral economy by 2050, transporting 50% or more of Europe's energy. It identifies critical barriers including underinvestment, lack of data transparency, inefficient connection queues, and fragmented system planning. Ember recommends shifting to a "first ready, first served" approach for grid connections, introducing clear investment incentives, and establishing an integrated, system-level planning framework coordinated by an independent body to ensure grid development anticipates rather than lags behind clean energy growth.

The document is a call to action from a coalition of civil society, smallholders' and Indigenous Peoples' organisations directed at EU Ministers, Commissioners, and Members of the European Parliament. It advocates for a robust EU regulation on deforestation-free products to protect biodiversity, climate, and human rights, outlining ten specific requirements for the law to be considered effective.

The document outlines legal and administrative pathways for Renewable Energy Communities (RECs) and Citizen Energy Communities (CECs) to challenge Member State failures in implementing EU directives. It details EU-level options, such as infringement complaints to the European Commission and petitions to the European Parliament, alongside national remedies including ombudspersons, regulatory authority complaints, and court actions based on principles like direct effect and state liability. The guide also provides a preliminary analysis of which specific provisions of RED II and IEMD may have direct effect and examines transposition challenges in Hungary, France, and Belgium.

The report finds that while there is a positive trend in aligning TACs with scientific advice, the 2020 deadline to end overfishing was missed. For 2022, 33% of analyzed TACs still exceeded scientific advice. Progress is significantly slower for stocks subject to precautionary advice compared to those with Maximum Sustainable Yield (MSY) assessments. The report also highlights a lack of transparency in the TAC-setting process and concerns over the implementation of the landing obligation.

The document analyzes the link between the EU's dependence on Russian fossil fuels and its current inflationary crisis, highlighting how wind and solar energy have provided significant cost savings. It advocates for the adoption of the RePowerEU proposal to increase renewable energy and energy efficiency targets to ensure long-term energy security and maintain the EU's global climate leadership.

The report analyzes the proposed modernization of the Energy Charter Treaty (ECT), concluding that the reforms are too modest to support the energy transition. Key criticisms include the continued protection of fossil fuel investments in most contracting parties, the retention of a 20-year survival clause, and the failure to reform the investor-state dispute settlement (ISDS) mechanism. The authors argue that the 'flexibility mechanism' for fossil fuel carve-outs is limited in practice and that broad investment protection standards, such as Fair and Equitable Treatment (FET), remain out of step with modern treaty practice, potentially exposing states to significant financial liabilities for climate-related regulatory actions.

ClientEarth asserts that the Energy Charter Treaty (ECT) obstructs climate policy by allowing fossil fuel companies to sue governments for compensation over environmental regulations. The organization argues that recent 'modernisation' efforts are insufficient, as they maintain a 'flexibility mechanism' that would allow litigation until the late 2030s and include protections for biomass and carbon capture. The document calls for a coordinated withdrawal of the EU, its member states, and the UK to eliminate the 'chilling effect' of the treaty on the European Green Deal and other climate commitments.

The International Institute for Sustainable Development (IISD) asserts that the modernized Energy Charter Treaty (ECT) remains problematic due to persistent investor protections and unclear fossil fuel carve-outs. IISD notes that the ECT has been a primary vehicle for fossil fuel investors to challenge climate laws, with 17% of all such disputes brought under this treaty. The organization argues that retrofitting the ECT is insufficient and calls for a new investment treaty designed specifically to advance climate-friendly investments.

Between May and August 2022, the EU generated a record 12.2% of its electricity from solar power, totaling 99.4 TWh. This generation helped the EU avoid the purchase of an additional 20 bcm of fossil gas, resulting in potential cost savings of €29 billion based on average daily gas prices for that period. Solar share records were broken in 18 of 27 EU countries, with the Netherlands achieving the highest share at 23%. The report argues that while solar deployment is accelerating, permitting bottlenecks must be addressed to meet 1.5C and REPowerEU targets, which include a proposed 45% renewable energy target for 2030.

A coalition of NGOs calls on the European Commission to ban all Russian seafood imports and deny Russian-flagged or owned vessels access to EU ports and waters. The authors argue that current bans on 'high-end seafood' are insufficient and that Russia's fisheries management is characterized by overfishing and a high risk of illegal, unreported and unregulated (IUU) fishing. The letter recommends implementing a digital traceability system to prevent mislabelling and calls for the EU to rebuild its own fish stocks to reduce import dependence.

The Mijares River basin faces significant environmental threats, including a 56% reduction in summer storms since 1950 and high risks of desertification and forest fires. To address these, the document proposes five targeted adaptation measures: recovering extensive grazing in the headwaters, creating mosaic landscapes, restoring traditional orchards in the upper and middle reaches, maintaining rain-fed crops in the middle reach, and diversifying citrus plantations with sustainable woody crops in the lower reach. Implementation is hindered by fragmented private land ownership (minifundios), rugged terrain, and the loss of traditional knowledge. The brief advocates for a participatory, integrated territorial approach involving payments for ecosystem services and the integration of women and youth into rural employment.

The report highlights the high energy and feedstock intensity of the EU's plastic production industry, noting its significant reliance on Russian fossil fuels. It argues that reducing plastic production, particularly packaging, is a critical but overlooked lever for enhancing EU energy security and meeting climate goals.

The report details a conference hosted by PARI and CASAC to examine the Zondo Commission's findings on state capture in South Africa. It identifies systemic failures across Parliament, public procurement, and personnel practices, while proposing the creation of an independent anti-corruption agency and stronger whistleblower protections. The document emphasises that 'greed on steroids' and institutional deficiencies enabled state capture, and calls for a coordinated effort between government, civil society, and the private sector to implement reforms and ensure accountability.

The report contends that Europe's rapid expansion of LNG import capacity in response to the Russian gas crisis is disproportionate and environmentally damaging. It argues that new terminals will not address short-term energy needs due to long construction timelines, will create carbon lock-in, and increase methane emissions, particularly from US shale gas. The author asserts that existing capacity is sufficient to meet demand under net-zero scenarios and that funds should instead be diverted to renewable energy and energy efficiency to avoid worsening energy poverty and impacting the Global South.

A coalition of NGOs urges the European Commission to end overfishing by setting Total Allowable Catches (TACs) strictly within scientific limits and transitioning to low-impact, climate-friendly fisheries. The group highlights significant implementation gaps in the Common Fisheries Policy (CFP), particularly regarding the landing obligation and the failure to meet the 2020 goal of sustainable harvesting for all stocks. They advocate for an ecosystem-based approach that accounts for climate-driven species shifts and the use of remote electronic monitoring to combat illegal discarding.

The document asserts that Canada lacks the necessary infrastructure to provide immediate LNG supplies to the EU following the Russian invasion of Ukraine. It highlights that while the EU seeks short-term alternatives, it is simultaneously accelerating its 'Fit for 55' and 'REPower' plans to reduce gas demand and achieve climate neutrality. With new Canadian projects taking at least three years to complete, the author concludes that such investments risk becoming stranded assets as European demand declines.

The document analyzes the discourse surrounding Storm Eunice and the 2022 heatwave in the UK, noting that while the heatwave drove higher climate-related engagement and polling spikes, 'Persuadable' audiences often responded with denial or dispassion. It suggests that climate NGOs avoid direct climate narratives during peak heat events, instead focusing on safety advice and emotional support, before introducing scientific facts and long-form content once the weather subsides.

The report examines the 'Black Friday' tragedy at the Melilla border, where at least 23 migrants died during an attempted crossing from Morocco to Spain. It contrasts official government claims that the event was caused by criminal trafficking networks with testimonies from survivors and human rights organisations, who describe illegal push-backs and coordinated violence by Spanish and Moroccan security forces. The text further analyzes the geopolitical relationship between Spain and Morocco, highlighting how financial aid and diplomatic agreements regarding Western Sahara are used to secure Morocco's role as a 'border guardian' for Europe, which the author contends leads to systemic human rights violations.