Report

Evolving Standards on Stabilization

A practical guide to the Organisation for Economic Co-operation and Development's Guiding Principles on Durable Extractive Contracts, Principles VII and VIII

International standards on stabilization clauses are evolving. The latest Organisation for Economic Co-operation and Development (OECD) Guiding Principles encourage narrower use of these clauses and highlight alternatives, particularly between fiscal and non-fiscal issues. This report offers practical guidance for governments and companies to transition from outdated practices, helping them draft clauses in line with standards for more balanced and predictable mining contracts.

March 24, 2025

Key Messages

  • Stabilization clauses are evolving: The use of stabilization clauses should not be a given in mining contracts. The latest OECD standards point to reduced and narrower uses, moving away from presumptive stabilization toward more responsive frameworks.

  • This report supports the transition from the presumptive use of stabilization to a structured approach toward changes in fiscal and non-fiscal stabilization clauses, providing clear guidance on how to translate these normative principles into legal text.

The latest OECD Guiding Principles on Durable Extractive Contracts, developed through years of consultations, represent the most inclusive and comprehensive consensus on stabilization clauses in a decade. These principles call for a more limited use of stabilization clauses and emphasize alternatives, particularly distinguishing between fiscal and non-fiscal issues.

This practice note explores the historical context behind stabilization clauses and the growing controversy surrounding their use. It then delves into the evolution of international standards on the subject, culminating in the 2020 OECD principles. Offering practical guidance, the note helps governments and companies navigate the complexities of stabilization clauses and align their contracts with these new standards, paving the way for a more balanced, predictable, and adaptive approach to mining agreements.

Report details

Topic
Investment Law & Policy
Mining
Taxation
Impact area
Sustainable Economies
Publisher
IISD
Copyright
IISD, 2025
Report

Mining Policy Framework Assessment: Bhutan

Identifying policy strengths, gaps, and recommendations to enhance mining governance in the country.

March 18, 2025

Recommendations

  • The key mining laws and policies in Bhutan need revision and updates to elevate its standards to international good practices and reflect its current priorities for the mining sector.

  • Bhutan should consider revising key laws and regulations to support post-mining transitions, require community consultations, and deepen local content policies.

The Government of Bhutan has identified the mining sector as one of the five jewels of the economy, highlighting its potential to significantly drive the country’s economic development. As a member of the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF), the government requested an assessment and this resulting report to identify key gaps and recommendations to strengthen mining governance in the country.

This report presents an assessment of Bhutan’s readiness and capacity to implement the IGF's Mining Policy Framework (MPF). The IGF Secretariat, hosted by IISD, conducted the assessment which involved an extensive desk-based review of key domestic and international laws and policies and a week-long field visit to Bhutan. During this field visit, the project team met with a broad array of stakeholders from government, civil society, academia, international organizations, and the private sector to discuss Bhutan’s mining laws and policies.

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Report

Climate Risk Profile: Fiji

There have been some clear changes in the climate of Fiji over recent years. This climate risk profile provides an overview of the Fiji's climate context, observed and projected climate change impacts, and a set of recommended NbS for adaptation actions and measures to promote gender-responsive and socially inclusive climate adaptation.

March 18, 2025

Key Messages

  • There have been some clear changes in the climate of Fiji over recent years, most notably temperature increases and an increase in the severity of storms; the climate is still expected to change in line with global projections.

  • The Government of Fiji has exemplified its commitment to climate adaptation through different policies and programs including launching its first NAP in 2018, passing the National Climate Change Act in 2021, and developing the Fiji National Climate Finance Strategy in 2022.

  • In Fiji, structural gender inequality is a driver of women's high degree of vulnerability to the impacts of climate change. Vulnerability within communities is not equally shared, with women and girls experiencing higher levels of vulnerability in terms of their livelihoods and well-being.

  • As Fiji continues to face the impacts of climate change, implementing effective adaptation strategies, including NbS for adaptation is essential. These initiatives should make a deliberate effort to adopt a gender-responsive and socially inclusive approach to their and implementation.

In Fiji, the number of cool nights has decreased, and the number of warm days has increased since 1942. There have been some clear changes in the climate of Fiji over recent years, most notably temperature increases and an increase in the severity of storms. More severe extreme weather events have also been observed in Fiji for decades, including more severe cyclones, droughts, and periods of excessive rainfall.

This climate risk profile has been developed as part of the Climate Adaptation and Protected Areas Initiative to illustrate the impacts of climate change, specifically within and around select protected areas in Fiji. The data in this report were derived from the climate risk assessments conducted in Fiji and rely on information collected from participatory engagement processes with communities, complemented by desk-based or secondary research.

This climate risk profile provides an overview of Fiji’s climate context, observed and projected climate change impacts, and a set of recommended nature-based solutions for adaptation actions and measures to promote gender-responsive and socially inclusive climate adaptation.

Report details

Topic
Nature-Based Solutions
Gender Equality
Climate Change Adaptation
Region
Fiji
Impact area
Climate
Initiatives
Climate Adaptation and Protected Areas (CAPA) Initiative
Publisher
IISD
Copyright
IISD, WCS and WWF, 2025
Report

Why Is Investment Treaty and Investor-State Dispute Settlement Reform Needed?

Questions & answers

The current investment treaty and investor-state dispute settlement system threatens climate action, human rights, and fair economic development. We need urgent reform. Find out how the system came about, how it functions, why it's an issue, and how to reform it.

March 11, 2025

Recommendations

  • The investment treaty and ISDS system threatens fair economic development, climate action, and social justice. We need urgent reform to level the playing field between foreign investors and developing countries.

  • IISD’s Q&A explains how the treaty and ISDS system developed, why it is an obstacle for sustainable development, and who stands to gain from keeping the old regime in place.

  • IISD's Q&A maps out how different international investment actors can contribute to reforming the treaty and ISDS system—including policy-makers, civil society organizations, academics, students, think tanks, media, and law firms.

The current investment treaty and investor-state dispute settlement (ISDS) system threatens climate action, social justice, and fair economic development. We need urgent reform to level the playing field between foreign investors and developing countries.

For decades, activists, civil society organizations, UN agencies, media, academics, think tanks, and governments have shed light on the need to change the world's investment governance to meet the challenges of our time.

Building on earlier work, this new Q&A unpacks how the system came about, why it is an issue, and what we can do to accelerate reform in 2025 and beyond.

Report details

Topic
Investment Law & Policy
Trade
Publisher
IISD
Copyright
IISD, 2025
Report

State of Global Environmental Governance 2024

Environmental negotiations in 2024 faced major challenges against a backdrop of accelerating climate-fueled impacts, expanding conflicts, and political turnover across many democracies.

March 10, 2025

Key Messages

  • Mounting frustration with the climate negotiations-and with other multilateral environmental processes-that have been slow to address the world's pressing challenges have led to the growing prominence of courts.

  • Last year, we proclaimed 2024 to be a big year for chemicals and waste governance. Sadly, countries failed to realize any of those expected landmarks.

  • Overall, the year sent mixed messages on states' collective commitment to upholding the rights of Indigenous Peoples. Biodiversity and desertification enshrined rights and participation in new institutions, while climate change talks saw efforts to roll back agreed language.

  • The role of governments and international organizations is important-vital even-for implementing multilateral environmental agreements, but communities, Indigenous Peoples, scientists, and others all play a role.

While several hard fought wins emerged, the year's talks again raised the question if the Conferences of the Parties and multilateral decision-making architecture are "fit for purpose" to address linked environmental, social, and economic crises. Finance is always a key issue in negotiations, but had special milestones or setbacks acros climate, biodiversity, land, and chemicals talks. Outside of negotiating rooms, activists across the world increasingly turned to courts to make countries act on their environmental commitments.

Join the globetrotting Earth Negotiations Bulletin team as they review 2024's environment and development negotiations, considering where progress was made and lost, what lessons should be applied across the multilateral ecosystem, the evolving geopolitical context, and what to expect in 2025.

Foreword by Hindou Oumarou Ibrahim, Chair, UN Permanent Forum on Indigenous Issues.

Subscribe to ENB Update to receive free reports, photos, and videos from environmental negotiations around the world.

Report details

Topic
Governance and Multilateral Agreements
Project
Earth Negotiations Bulletin
Publisher
IISD
Copyright
IISD, 2025
Report

The State of BCAs 2025

As more countries strengthen their climate policies, concerns over carbon leakage—where emissions reductions in one country are offset by increases elsewhere—have grown. To address this, several countries are implementing border carbon adjustments (BCAs), with the European Union (EU) and the United Kingdom set to launch theirs by 2026 and 2027, respectively. This publication is the first of its kind taking stock of this trend.

February 28, 2025

Key Findings

  • The European Union and the United Kingdom are leading with BCAs set to be fully operational by 2026 and 2027, respectively, targeting high-emission imports like steel and cement. Other countries are actively discussing similar mechanisms to protect domestic industries while advancing climate goals.

  • Research confirms that carbon leakage occurs when stringent climate policies in one country lead to increased emissions elsewhere. The OECD found that 13% of emissions reductions from carbon pricing were offset by leakage, while the IMF estimates leakage rates of up to 25% across sectors.

  • The WTO has seen increasing debate on the trade impacts and fairness of BCAs, with concerns from major economies about potential protectionism and compliance with WTO rules. As BCAs expand, international cooperation is needed to ensure interoperability, fairness, and alignment with trade rules.

As more countries ramp up their climate policies, BCAs have emerged as a tool to prevent carbon leakage, ensuring emissions reductions are not offset by shifts in production to regions with weaker regulations. Research confirms leakage is a real issue: it is estimated that, on average, when one country mitigates 100 tonnes of carbon dioxide in one country, 13% to 25% of this effort is offset by emissions increases in other countries, through carbon leakage.

The EU's Carbon Border Adjustment Mechanism (CBAM), set for full implementation by 2026, replaces free allocation under the EU Emissions Trading System. It applies carbon costs on imports in key sectors such as steel, cement, and aluminum, aligning gradually with EU carbon pricing. The UK CBAM, launching in 2027, mirrors the European Union’s approach but with differences in emissions scope and coverage. Meanwhile, Australia's Carbon Leakage Review has recommended a BCA to complement its Safeguard Mechanism, focusing initially on cement.

Beyond these developments, Canada and the United States continue exploring BCA policies. At the World Trade Organization (WTO), discussions on BCAs have intensified, with growing concerns about trade impacts, WTO compatibility, and cooperation on climate-related trade measures.

BCAs are shaping global trade and climate policy, with ongoing debates on their design, fairness, and effectiveness in reducing emissions without harming economic competitiveness.

Report details

Topic
Trade
Project
Climate Change, the Natural Environment, and the Green Transition
Impact area
Climate
Sustainable Economies
Publisher
IISD
Copyright
IISD, 2025
Report

Funding the Future

Enabling natural infrastructure through federal infrastructure programs

This report assesses six federal infrastructure programs against 14 enabling criteria for natural infrastructure and outlines how the Canadian government can better support natural infrastructure. Local governments need the support of federal funding programs to invest in and deploy natural infrastructure on a larger scale. Doing so will enable the building of more resilient, cost-effective communities and reduce the risks from growing weather extremes.

February 26, 2025

Key Findings

  • Federal infrastructure programs can unlock the full potential of natural infrastructure by better enabling natural infrastructure within funding programs.

  • To support resilient and reliable water infrastructure service delivery across Canada, we recommend the federal government designs "natural infrastructure-friendly" programs, guided by 14 enabling criteria for natural infrastructure.

  • Canada needs large-scale investment in natural infrastructure to build more resilient, cost-effective, and vibrant communities. Natural infrastructure provides multiple benefits in the face of interconnected crises: climate, biodiversity, infrastructure, and housing.

  • Natural infrastructure is gaining recognition for its ability to deliver reliable, affordable infrastructure services, while reducing disaster risk in the face of flooding, drought, wildfire, and extreme heat.

A flexible and nature-based approach to infrastructure funding can help Canada build resilience while making the most of every dollar invested, leading to a more sustainable and water-secure future for Canadians.

An analysis of federal programs. The report assesses six federal infrastructure programs against 14 enabling criteria for natural infrastructure. The findings? Mixed. Some programs support natural infrastructure, while others limit it due to design constraints, restricting local governments’ ability to invest in cost-effective, nature-based solutions.

Practical recommendations. We recommend 14 practical criteria to better enable natural infrastructure within major infrastructure programs, while highlighting programs that work well with nature.

Unlock the full potential of natural infrastructure. Moving forward, federal infrastructure programs must be more flexible, better funded, accessible to small and rural communities, and support a wider range of solutions that deliver economic, environmental, and social benefits.

A graphic describing three "wins" when investing in natural infrastructure.

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Report

Advancing Green Public Procurement in South Africa

Challenges, opportunities, and strategic pathways

This report examines how South Africa can leverage its significant public procurement spending to advance environmental sustainability. It analyzes the current green public procurement (GPP) landscape, regulatory frameworks, and implementation tools, and identifies key barriers and solutions. The report also provides practical recommendations for mainstreaming GPP across all levels of government.

February 24, 2025

Key Messages

  • Why does green procurement matter? It can help South Africa leverage 15% of its GDP for addressing environmental challenges like water scarcity, pollution, and carbon emissions.

  • Cities like Cape Town show that GPP works in South Africa. Scaling these efforts across the country requires stronger policies, better financial planning and incentives, and training for procurement professionals.

South Africa's public procurement accounts for approximately 15% of its GDP and therefore represents a key opportunity to advance environmental sustainability. While the country does not have specific national legislation for green public procurement (GPP), the existing regulations allow procurers to integrate environmental considerations into procurement procedures.

The success of local and regional initiatives demonstrates that it is feasible to implement GPP in the South African context. For instance, the Western Cape government and City of Cape Town use green procurement criteria to reap tangible environmental benefits of reduced water use, energy consumption, and waste generation.

Despite this progress, most procurements in South Africa focus on economic efficiency and social objectives. Mainstreaming GPP still faces several challenges, including gaps in the legislative framework and limited capacity and knowledge among procurement practitioners. In addition, GPP is hindered by financial constraints, inadequate monitoring systems, and market readiness issues where smaller companies struggle to meet formal environmental requirements.

To overcome these challenges and mainstream GPP, policy-makers and procurers can take action in five key areas:

  • create an enabling policy environment by embedding GPP into the legislative framework and developing a national GPP action plan,
  • enhance the capacity of procurers through a centralized knowledge platform and targeted training programs,
  • address financial barriers by integrating GPP into budget planning tapping into international support,
  • build a comprehensive monitoring and evaluation system to track progress and demonstrate benefits, and
  • foster market readiness through transparent engagement and targeted support for small companies.

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Report

Advancing Gender-Responsive and Socially Inclusive Practices in Nature-Based Solutions for Adaptation

By sharing promising practices and lessons learned, these case studies seek to inform and inspire adaptation practitioners and planners to help ensure that gender-responsive and socially inclusive practices are integrated throughout the lifetime of a project.

February 17, 2025

Key Findings

  • Including diverse voices (women, youth, Elders, and so on) in project activities and providing safe, inclusive spaces for sharing can help enhance operations and improve the effectiveness of nature-based solutions for adaptation projects.

  • For nature-based solutions programming to be effective, it is important to build trust with community members and establish local partnerships and relationships with trusted liaisons and facilitators—particularly those from equity-deserving groups.

  • Investing in citizen science and community-led, gender-responsive, and socially inclusive monitoring, evaluation, and learning processes is key to better understand the varied impacts of climate change and biodiversity loss on local communities.

While there is an increased push for nature-based solutions (NbS) projects around the globe, a gap in evidence exists on projects that promote gender equality and social inclusion (GESI) outcomes. Designing NbS for adaptation projects to be responsive to differences in intersecting identity factors, such as gender, age, sexuality, socio-economic status, Indigeneity, and ability, is important. Considering these factors can help build the adaptive capacity of equity-deserving groups to climate change, enable these groups to participate in adaptation planning and decision making, and strengthen the resilience of their local ecosystems.

To address this gap in evidence, these two case studies have been developed as a supplement to the Nature for Climate Adaptation Initiative report, Mainstreaming Gender Equality and Social Inclusion in Nature-based Solutions for Climate Change Adaptation. They provide practical examples of integrating GESI considerations at various stages of implementing NbS for adaptation.

The first case study showcases a gender-responsive and socially inclusive approach to climate resilience planning for small-scale cooperatives in Zanzibar. The case study demonstrates how understanding the gendered context of operations and governance structures, assessing climate risks using a GESI lens, and identifying and selecting options with inclusivity in mind can enhance the efficacy and sustainability of NbS for adaptation.

The second case study provides a practical example of socially inclusive implementation and monitoring, evaluation, and learning as part of an Indigenous Guardians program that seeks to incorporate Traditional Knowledge and practices into land and wildlife management to better adapt to a changing climate in Canada.

Each case study includes an overview of the local context and climate risks, how the project considered the need for climate change adaptation and integrated gender-responsive and socially inclusive practices, and lessons learned. The case studies were developed through interviews with project implementers and by reviewing relevant reports and documents.

The report is part of a compendium of resources developed by the Nature for Climate Adaptation Initiative (NCAI), which is supported by Global Affairs Canada.

Report

Sustainable Asset Valuation of Nature-Based Flood Mitigation Infrastructure in Drakenstein, South Africa

In this integrated cost-benefit analysis, the Nature-Based Infrastructure Global Resource Centre analyzes the potential of river restoration measures to reduce flood risks in Drakenstein Municipality, South Africa.

February 12, 2025

Key Findings

  • NBI in Drakenstein can reduce flood damages by up to USD 36 million, far outweighing the costs of USD 8.65 million over 25 years. NBI is particularly valuable in climate scenarios with frequent and intense floods.

  • Investing in nature will protect communities, infrastructure, and industries in Drakenstein while delivering valuable co-benefits. For every ZAR 1 invested, the project can deliver up to ZAR 5 in benefits—for example, by creating jobs, reducing health impacts, and improving access to green spaces.

The Western Cape of South Africa faces threats from increasing flooding. In Drakenstein Municipality, flooding from the Berg River and its tributaries has caused severe damage to housing, transportation, and health infrastructure. Resulting from a combination of climate-related extreme rainfall, human encroachment on floodplains, and degraded river and wetland systems, severe flooding is threatening the health and safety of communities, the local economy, and biodiversity.

River restoration has the potential to absorb some of these impacts. Just 10% of rivers in the Western Cape are considered ecologically healthy, with the remainder classified as degraded. Well-functioning rivers provide essential ecosystem services such as flood protection and water supply for agriculture, domestic use, recreation, and industry, while also functioning as valuable assets for tourism and culture.

To address the climate risks and improve water management, Drakenstein is exploring the use of nature-based infrastructure (NBI). As part of the project Transformative Adaptation in the Berg River Catchment through Nature-Based Solutions, it aims to strengthen existing riverine management initiatives and identify pilot NBI projects based on climate change vulnerability analysis. The goal is to increase flood resilience and water retention by rehabilitating riverbanks, riparian areas, and floodplains.

The Sustainable Asset Valuation (SAVi) report analyzes the outcomes of investing in NBI in river sub-catchments by the city of Paarl. We assessed two infrastructure scenarios:

  1. No-Action/Business-As-Usual scenario, consisting of a combination of more frequent and intense extreme flood events, leading to increased socio-economic impacts and ecosystem deterioration.
  2. NBI scenario spanning 214 hectares, including floodplain and riverbank restoration, constructed wetlands, and urban green spaces.

We find that in the NBI scenario, for every ZAR 1 invested, between ZAR 1 and 5 could be returned over a 25-year period, amounting to net benefits of up to ZAR 600 million (USD 34.2 million). The environmental, social, and economic benefits of NBI in Drakenstein include avoided flood damages, the value of recreational areas, job creation, and reduced mental health impacts. These benefits and avoided costs differ considerably depending on the four climate scenarios we modelled.

The study demonstrates that implementing NBI is a key strategy for restoring ecological integrity and protecting communities from floods, while also offering a wide array of socio-economic benefits for Drakenstein. NBI is particularly valuable in scenarios with frequent and intense floods, highlighting the benefits of proactively investing in NBI for climate resilience.

Participating experts