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This report by Friends of the Earth International (FoEI) provides a critical analysis of the 'Zero Draft' of a proposed UN legally binding instrument to regulate transnational corporations (TNCs) and other business enterprises in relation to human rights. FoEI argues that the draft is too weak, lacks essential principles, and fails to provide effective mechanisms to end corporate impunity. The document includes general comments on the draft's structure, specific contributions from FoEI representatives across different continents, and recommendations for the revised version of the treaty to be presented at the 5th session of the Intergovernmental Working Group (IGWG).

This written submission by Friends of the Earth International (FoEI) analyzes the 'Zero Draft' of a proposed UN legally binding instrument to regulate transnational corporations (TNCs) and other business enterprises in regarding human rights. FoEI argues that the Zero Draft is too weak, lacks direct obligations for corporations, and fails to provide effective mechanisms to end corporate impunity, calling for a revised version that prioritizes human rights over commercial interests.

Friends of the Earth International (FoEI) critiques the 'Zero Draft' of the UN binding treaty on transnational corporations (TNCs) and human rights, describing it as a 'setback' and 'way too weak'. FoEI argues that the draft fails to establish direct legal obligations for TNCs, lacks a robust definition of 'value chains', and does not sufficiently prioritize human rights over trade and investment agreements. The document calls for the creation of an International Court on TNCs and Human Rights to end corporate impunity, particularly in the Global South. It further denounces the European Union's disengagement from the process and the influence of corporate lobbies, such as the International Organization of Employers, which FoEI claims threaten to 'capture' the treaty process.

The document outlines the legal pathways for citizens and NGOs in Spain to access justice regarding environmental information, public participation, and the enforcement of environmental laws. It details the application of the Aarhus Convention and EU Directives within the Spanish legal system, highlighting the role of the 'acción popular' for non-profit organizations. A significant portion of the text focuses on the right to free legal aid (AJG) for environmental NGOs, noting a recent Spanish Supreme Court ruling that removes the requirement to prove financial insufficiency. It also describes international recourse options via the Court of Justice of the European Union (CJEU), the Aarhus Convention Compliance Committee, and the European Court of Human Rights (ECHR).

The report examines the business models of commodity trading companies, specifically those dealing in non-fuel minerals, and identifies potential tax risks for host countries. It finds that while most trading is conducted at arm's length, risks emerge from profit-based fiscal instruments, opaque corporate structures, and specific financing arrangements like metal streaming. The authors recommend strengthening legal frameworks through mandatory contract registration, the use of globally recognized prices for tax calculations, and increased financial disclosure requirements for private trading firms.

The report examines the operations of mineral and metal commodity trading companies, highlighting their role as intermediaries and financiers for mining companies, particularly small-scale producers in emerging economies. It identifies that while most traders operate independently—reducing the risk of transfer pricing—their lack of transparency and use of complex corporate structures can facilitate tax evasion and corruption. The document specifically analyzes risks associated with 'metal streaming' and prepayments, which can shift wealth from host countries to investors. It recommends that host governments implement mandatory contract registration, use internationally recognized pricing for tax calculations, and strengthen financial disclosure requirements for private trading firms.

The report examines the operational and financial models of mineral and metal trading companies, highlighting their role as intermediaries and financiers for small and medium-sized mining firms. It concludes that while these companies generally operate on an arm's length basis, their inherent opacity and the use of complex financial arrangements, such as streaming agreements, create potential fiscal risks for host governments. The document recommends enhancing transparency through the EITI, implementing mandatory contract registration, and using globally recognized pricing for tax calculations.

The document analyzes the transition from a fragmented national regulatory landscape to a harmonized EU-wide framework for civil drones. It details the key regulations that entered into force in 2019, the role of the European Aviation Safety Agency (EASA), and the development of 'U-Space' for automated air navigation. The brief also addresses the challenges of balancing rapid technological growth with safety, privacy, and civil-military coordination in European airspace.

The document argues that climate change poses an existential threat to economic, social, and cultural (ESC) rights, necessitating urgent State action through mitigation, adaptation, and finance. It establishes a 'human rights red-line' at 1.5°C, asserting that warming beyond this limit severely threatens rights to food, water, health, and work. The briefing outlines five key State obligations, including adopting science-based emission targets and addressing extraterritorial emissions. It further critiques current climate finance, noting a gap in adaptation funding and a reliance on loans over grants, while providing a directory of independent tools like the Climate Action Tracker and Oxfam's shadow reports to monitor State performance.

The document examines the global green bond market for low-carbon buildings, highlighting the role of securitisations, covered bonds, and public infrastructure financing. It identifies Japan as a key player with significant potential to leverage these instruments for energy efficiency and climate adaptation.

The document examines the role of green bonds in decarbonizing the building sector, which accounts for approximately 28% of global energy-related CO2 emissions. It details various financial instruments, including Asset-Backed Securities (ABS) and covered bonds, used to fund energy-efficient construction and renovations. The briefing highlights the growth of the market, noting that as of November 2018, $126 billion had been allocated to low-carbon building assets. It specifically analyzes the Japanese market, where the Development Bank of Japan is the largest issuer, and suggests that Japan can further leverage its technical expertise in energy efficiency to attract green investment.

The report argues that tokenizing the equity or debt of sustainable infrastructure projects can lower the cost of capital and make these assets more bankable. It identifies key value propositions including reduced underwriting and secondary market fees, enhanced transparency through IoT integration, and the democratization of investment via fractional ownership. However, it notes significant regulatory hurdles regarding security token compliance and technical challenges concerning the reliability of the Ethereum blockchain and the 'oracle problem' of linking on-chain tokens to off-chain physical assets. The document provides examples of Swiss start-ups like Tokenestate, Smart Valor, and Mt Pelerin that are developing security token standards and marketplaces to facilitate this transition.

The paper examines how the international linking of emissions trading systems (ETSs), which allows allowances to flow across borders and alter emission levels, should be accounted for under the Paris Agreement. Specifically, it focuses on the framework provided by Article 6.2 to ensure that such links are properly reflected in the achievement of nationally determined contributions (NDCs). The document notes that the European Union and Switzerland intend to use Article 6.2 to account for their ETS link.

The Defenders in Development Campaign urges states and development finance institutions (DFIs) to integrate human rights protections into development projects, noting that defenders of land and environmental rights face extreme risks of violence and criminalization.

The report analyzes twelve sustainability standards for infrastructure, categorizing them into project screening tools (e.g., SuRe, Envision, CEEQUAL, ISCA, IFC Performance Standards) and accounting tools (e.g., SASB, TCFD, GHG Protocol, UN PRI). It evaluates these tools based on comprehensiveness, objectivity, clarity, transaction costs, and traction. The study finds that the industry lacks a single global standard, with investors often using multiple tools depending on the project's local context and regulatory regime. It highlights a fundamental tension between 'preservationist' public sector assessments, which determine if a project should be built, and 'conservationist' investor metrics, which focus on implementing projects in the most sustainable way possible.

The 2018 Talanoa Dialogue, facilitated by the Fijian and Polish presidencies, aims to raise climate ambition by taking stock of progress toward the Paris Agreement and informing 2020 Nationally Determined Contributions (NDCs). The process uses a non-adversarial, story-based methodology to foster consensus. NHRIs and civil society are encouraged to provide actionable, positive inputs that link climate action to human rights, including gender equality, indigenous peoples' rights, and just transitions. The dialogue consists of preparatory phases (online submissions and in-session dialogues) and a final political phase at COP-24 in Katowice, Poland.

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 delaying and derailing UN negotiations for a binding treaty to regulate transnational corporations. While civil society and some European nations push for corporate accountability and legal obligations across supply chains, the EU is accused of attempting to reduce the working group's mandate and favoring voluntary mechanisms over binding law.

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.

The report examines seven international examples of soil remediation financing, ranging from federal programs like the US Superfund to private equity funds like Ginkgo Fund I. It identifies that while the 'polluter pays' principle is a common legal baseline, its implementation varies, often requiring public grants or innovative funds to bridge funding gaps. Key findings highlight that urban sites with high redevelopment potential are more likely to attract private investment, whereas rural or highly toxic sites often rely on general fiscal revenue or industry-wide voluntary funds. The report concludes that there is no uniform approach to financing, and the choice of instrument must be fit-for-purpose based on the site's socioeconomic context and revenue potential.