The first step toward accessing financing in relation to carbon rights, especially in developing countries, is a strong legal framework. We worked on behalf of our pro bono client, United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (UN-REDD Programme), on the mammoth task of reviewing legislation on carbon rights, forest preservation and climate change in 27 countries.

Eighty-eight White & Case lawyers and legal staff in 21 offices worked together to identify the legal frameworks these developing countries need in order to strengthen their legislation. Ultimately, this will enable them to access public funding and achieve investor confidence in financing projects to prevent deforestation and to reforest degraded forest areas.

Our lawyers prepared legal reports analyzing the challenges and opportunities related to the definition and transfer of carbon rights in the context of REDD+, which is the framework created by the UN Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP) to guide activities in the forest sector. REDD+ stands for Reducing Emissions from Deforestation and Forest Degradation, and the + signifies the role of conservation, sustainable management of forests and the enhancement of forest carbon stocks in developing countries.

The UN-REDD Programme is a collaborative program between the Food and Agriculture Organization (FAO) of the UN, the UN Development Programme and the UN Environment Programme. Our lawyers' reports are being used in a comparative study on carbon rights across Africa, Asia-Pacific and Latin America. The UN-REDD Programme's goal is to mitigate climate change by strengthening the role of forests and vulnerable groups in reducing emissions.

"It can be very difficult for developing countries to meet their UNFCCC climate change commitments. So providing support and frameworks that will help, including ways to attract international funding, is an important part of enhancing national and global climate ambition and results," says Francesca Felicani-Robles, Forestry Officer, REDD+ legal matters in the FAO's Forestry Division. 

The UN-REDD Programme's comparative study highlights the need for clarity on who owns emission reductions, including who is entitled to benefit from REDD+ initiatives, whether through direct payments or other benefits. As the research shows, this is often unclear in the identified countries. Legislation is an important first step, alongside the development of formal arrangements between all stakeholders to ensure the appropriate beneficiaries of any carbon credit payments can be identified.

New York partner Seth Kerschner, whose commercial work involves forest sector activities that reduce greenhouse gas emissions, took the lead on this project. He highlights the long-term importance of this project to facilitate investment in sustainable forest management: "Many jurisdictions may not have the fulsome type of legal regime that is needed to create property rights around carbon in tropical forests. This is necessary for investors to feel confident in funding these projects. The guidance provided to the UN-REDD team to support these jurisdictions and develop these regimes will ensure these projects can occur more easily in the future."

Other environmental highlights

Bolstering water and sanitation rights globally
For longstanding pro bono client Human Right 2 Water (HR2W), 110+ lawyers and legal staff from 25 offices analyzed the linkage between the human right to safe drinking water and sanitation and the human right to a healthy environment in 16 countries. Our research will support HR2W’s mission to strengthen these rights globally and to ensure Sustainable Development Goal 6—access to water and sanitation for all—can be more readily achieved.

Support for sustainable fishing
Lawyers in our London office represented SafetyNet Technologies, a social enterprise working to reduce overfishing by creating technology that supports sustainable fishing practices. We helped SafetyNet Technologies navigate a new funding round through the allotment and issuance of equity to existing investors. We also helped the company negotiate key provisions of the investment agreement and funding terms.

Recognition for our work supporting improved access to affordable air purifiers in Asia
Our Beijing lawyers received TrustLaw’s Powered by Pro Bono Award in 2022 for general corporate and contractual advice to social enterprise Smart Air Impact, which sells accessible and affordable air purifiers to help protect people from air pollution. Read more about the Award here.

Photo by Michael Melford © Bespoke
Forest at sunrise in a national park.