Fangda Partners’ Post

Today, Carlota Ucín - PhD presented her research at the ICAC Workshop 2024: 'Collective actions on Environmental, Social and Governance topics'. Her paper explores the challenges of accessing justice in public interest litigation, particularly in addressing complex issues like climate change. Drawing on comparative experiences, Carlota categorizes public interest litigation into three types: structural reform cases tackling systemic human rights violations, collective claims representing specific groups, and ‘individual test cases’ with broader societal impacts. These frameworks provide practical guidance for litigants and judges, offering strategies to channel environmental claims effectively. In the same event yesterday, Eduardo Silva de Freitas served as an expert discussant for a presentation on the potential role of third-party litigation funding in enhancing access to justice in EU climate litigation. #AccessToJustice #LitigationFunding #DisputeResolution

There has been a steady increase in the number, types, and complexity of climate-related disputes over the past few years. Strategic litigation against governments and corporations, investment disputes, commercial disputes related to transition. Do disputes help or hinder the climate transition? What role does climate science play in the court room?    We are proudly presenting our panel speakers  Anna-Maria Tamminen, Dr Crina Baltag, FCIArb, Anna Rogalska Hedlund and Justine Schoenfeld-Quinn at Law and Climate Change Summit on April 18 in Stockholm (hybrid).   Read more and register at: https://lnkd.in/dPxaQURe   Law and Climate Change Summit is arranged by JP Infonet AB and Climate Change Counsel. Our main partner is Cirio Law Firm and collaborative partners are Net Zero Lawyers Alliance and The Chancery Lane Project.   #ClimateRisk #ClimateChange #LegalInnovation #Sustainability #InHouseCouncel #ClimateConscious #LegalPractice 

📢 Webinar Announcement: Investor-state dispute settlement (#ISDS) & climate ‘policy chill’ ISDS has been described as “a major obstacle to the urgent actions needed to address the planetary environmental and human rights crises.” Fossil fuel companies' use of ISDS can have a powerful chilling effect on climate policy, undermining the goals of the Paris Agreement. Yet, this issue is often overlooked by institutional investors, leaving companies to wield this powerful legal mechanism with little oversight. Join Australasian Centre for Corporate Responsibility (ACCR) Fair Finance International and SOMO for a special webinar to explore the risks of ISDS for institutional investors. 📅 Wednesday, 16 October 2024 ⏰ 2pm UTC/4pm CEST/10am ET Topics include: 👉 Regulatory chill and investor risk – What risks does the use of ISDS pose for institutional investors when it is used to block positive climate policy? 👉 Protecting long-term value - Why is the climate-related use of ISDS an issue that threatens the long-term returns of diversified asset owners and managers? 👉 The lack of transparency of the ISDS regime – How can investors overcome and negotiate the obstacles this creates for oversight and responsible stewardship? 👉 Improving governance and setting expectations – How can institutional investors engage with their portfolio companies on ISDS? Speakers: - Adam Gillett, Senior Investment Manager in the Sustainable Ownership team of Railpen - Kyla Tienhaara, Associate Professor in the School of Environmental Studies and Department of Global Development Studies at Queen's University - Simon Batifort, Partner at international law firm Curtis, Mallet-Prevost, Colt & Mosle LLP 📍 Hosted on Zoom by Sarah Brewin, Company Strategist, ACCR.  The session will be recorded and shared on YouTube. Please register to receive a link to the recording. 🔗 Register here: https://lnkd.in/dmfs7zDg #ISDS #ClimatePolicy #InstitutionalInvestors #SustainableInvestment #ParisAgreement

Institutional investors who engage with companies about climate, should question them about ISDS as well. Join us for this webinar. Companies use ISDS to seek exorbitant compensation, with the fossil fuel and mining industries already winning over $100 billion in awards. Companies have already used ISDS claims or the threat of ISDS claims to challenge government actions to limit or phase out fossil fuel exploration, production or use in Canada, Denmark, Ecuador, France, Italy, Germany, the Kingdom of the Netherlands, New Zealand, Slovakia, Slovenia and the United States.

Today, EAAS legal experts were on stage at the Mlodzi Naukowcy (Young Scientists) conference, sharing their insights with the next generation of green thinkers! Head of Legal Tomasz Kaczmarski Kaczmarski walked attendees through: ⚖️ The double-edged sword of the Paris Agreement's Article 6. It grants countries flexibility to design strategies for combating climate change, but this flexibility can also allow them to set weak targets, greenwash, and avoid accountability. 🇪🇺 The opportunity for European Union ESG lawmakers to turn “Made in EU” into a selling point for sustainability-minded shoppers. ♻️ The pros and cons of voluntary and compliance carbon markets. Compliance Expert Amelia Wróblewska broke down: 🌍 The European Union’s Fit for 55 package of legislative proposals to help stop climate change and improve the lives of every European Community resident. 📈 How the European Emissions Trading System works today and the plans to improve it moving forward. 🎨 The right of EU citizens to protect the integrity of their creative work, and practical examples of ways to preserve the authenticity of pieces of art. Proud to have our team educating the future! #MlodziNaukowcy #EAASeducates #GreenKnowledge #Sustainability #ClimateAction #EURegulations #CarbonMarkets #Fitfor55 #EnvironmentalLaw #GreenFuture

Don’t miss this important lecture by Prof. Makane MBENGUE, in which he will explore the most recent international developments in the crucial topic of climate action before international courts and tribunals!

I am pleased to announce the next webinar which the OECD and the International Chamber of Commerce (ICC) are holding on the potential to use the law on abuse of dominance to tackle unsustainable practices by dominant companies. The event is at 13.00 BST on 16 October and is open to all. It’s now well established that competition law has an important role to play in tackling both climate change and market power. What is less established is how these 2 aspects interrelate- and more specifically how unsustainable practices by dominant companies may amount to an illegal abuse of their dominant position. With speakers from the European Commission, the French and Dutch competition authorities , the ICC, OECD and academia, this webinar will explore this and give an update on the Commission’s ongoing review of Article 102. #oecd #icc #europeancommission #acm #antitrust #competitionlaw #sustainability #climatechange

Brazilian Conference on the Law of the sea 2024 I'm excited to have the opportunity to teach today at the #BrazilianConferenceOnTheLawOfTheSea, organised by CEDMAR/USP where I’ll be discussing the "Current Legal Challenges Posed by Climate Change and Ocean Mitigation Activities." In my session, I'll delve into two key areas: #MarineGeoengineering and #CarbonStorage, exploring their legal implications in terms of planning and deployment. Looking forward to a thought-provoking discussion with all participants! #InternationalLaw #OceanLaw #IMO #Biodiversity #ImpactAssessment #PrecautionaryApproach #ScientificResearch #OceanGovernance #Stakeholders #InternationalOrganisations

We are proud to announce that we have signed the 'Green Pledge', an initiative led by the Campaign for Greener Arbitrations: The Green Pledge (CGA) aimed at reducing the environmental impact of arbitration. As a firm committed to sustainability and environmental responsibility, we're proud to join this important initiative. We are also thrilled to share that our colleague, Alexandra Mitretodis, has joined their North America committee.   Together, we can make a meaningful difference in reducing the environmental impact of arbitration and fostering a more sustainable future for all. Learn more about the Campaign for Greener Arbitrations: https://lnkd.in/dKv_vmc #GreenPledge #Sustainability #Arbitration

My European Tour analysing recent trends and challenges in the climate change litigation space continues! Thank you to 39 Essex Chambers for inviting me to discuss the recent climate change rulings of the European Court of Human Rights this week in London. 👇 #echr #eulitigation #eulaw #climatechangelitigation #internationalarbitration #internationallaw #esg #humanrights #investorrights #energy