Asia-Pacific Centre for Environmental Law - APCEL

On 26 June 2024, APCEL launched the Climate Action Guide,“Putting Words Into (Climate) Action: Ushering In Corporate Transition Plans” in collaboration with the UN Global Compact Network Singapore (GCNS), at GCNS’ thought leadership session on 26 June 2024.

Authored by Mr Sean D. Tseng, Adjunct Senior Research Fellow at APCEL, and Ms Carol Yuen, Research Assistant at APCEL, the guide aids companies across various sizes and industries to craft robust transition plans. Companies can then better manage their operations in the context of growing physical and transition risks of climate change, such as droughts and floods, and emerging technology and climate policy shifts.

The guide is available for download at: https://unglobalcompact.sg/resources

Danielle Yeow, Visiting Researcher at the Asia-Pacific Centre for Environmental Law (APCEL), collaborated on a recently published legal paper titled “The Legal Character of Voluntary Carbon Credits: A Way Forward” (March 2024). The paper is jointly produced by GenZero and Allen & Gledhill LLP and reviewed by Danielle Yeow and Joyce Lai, Executive Director Group Legal and Compliance – Sustainability / ESG Lead, DBS Bank Ltd.

The paper raises awareness of how clarity as to the legal character of voluntary carbon credits (VCCs) can enable the scaling of the voluntary carbon market and climate finance. Exploring the underlying legal principles and recent case law applicable in Singapore, the paper argues that regulators should aim for legal clarity on the legal characterisation of VCCs, and ideally, VCCs should be treated as intangible property.

Read the paper here:

The Legal Character of Voluntary Carbon Credits: A Way Forward - GenZero The urgency of climate action is clear, and carbon markets are an efficient way to accelerate decarbonisation.

In the last two years, the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ) have received historic requests for advisory opinions on state obligations in relation to climate change from the Commission on Small Island States (COSIS) and the United Nations General Assembly respectively. The advisory opinions, while non-binding, have the potential to significantly clarify the obligations of states under international law to protect the climate and may provide a catalyst for future action to combat climate change.

To this end, the Asia-Pacific Centre for Environmental Law at the National University of Singapore, together with the World’s Youth for Climate Justice, are jointly organising a half-day workshop which aims to raise awareness and enhance understanding about this milestone development, including the driving factors behind the requests, the different legal procedures applicable for each request, as well as Singapore’s contribution to these efforts. To register, please visit : https://law.nus.edu.sg/apcel/events/apcel-wycj-workshop-on-seeking-an-advisory-opinion-on-climate-change-obligations/

Join us on 15 January 2024, 9AM to 10AM (Singapore time) on Zoom as we take you through the key takeaways of the recent COP28!

Our panellists are Dr Jolene Lin (National University of Singapore; APCEL), Dr Beatriz Garcia (Sorbonne University Abu Dhabi), Dr Rose-Liza Eisma-Osorio (University of Cebu School of Law), and Dr Linda Yanti Sulistiawati (Universitas Gadjah Mada; APCEL).

APCEL Director Dr. Jolene Lin and APCEL Deputy Director Dr. Tara Davenport contributed chapters to the recent volume edited by Professor Tommy Koh, Professor Lin Heng Lye and Shawn Lum titled Peace with Nature: 50 Inspiring Essays on Nature and the Environment published by World Scientific Press in September 2023 which features 50 inspiring essays written by Singaporeans all linked by a love for nature, the environment and Singapore. Dr. Lin and Dr Davenport contributed essays on “Cities and Climate Change” and “Singapore and the Marine Environment” respectively. All royalties from the purchase of the book will be donated to the Nature Society. More details about the book can be found here:

Peace with Nature This book is a must-read for all who love nature and the environment. It contains 50 inspiring essays written by Singaporeans and friends who share their perspectives, expertise and experience — as scientists, lawyers, economists, engineers, bankers, government officers, and civil society — all ...

APCEL Director Dr. Jolene Lin featured in Channel News Asia article on “Children can sue governments over climate change inaction, but don’t expect boom in Southeast Asia litigation,” Channel News Asia, 5 Sept 2023

Dr. Jolene Lin provided her insights on the recent endorsement by UN Committee on the Rights of the Child on 28 August 2023 that all children are entitled to a clean and healthy environment. Dr Lin described the decision as a very encouraging development as it opens up an additional pathway to bolster litigants’ claims but also noted there was unlikely to be an explosion of litigation in Southeast Asia that has been seen in other jurisdictions: https://www.channelnewsasia.com/asia/united-nations-climate-change-sue-government-children-legal-recourse-3746991 #:~:text=The%20UN%20Committee%20on%20the,urgent%20action%20on%20climate%20change.

APCEL Academic Fellow, Selene Tanne, currently a Sheridan Fellow at NUS Faculty of Law, was featured in a Channel News Asia article on young people pursuing careers in the “green economy” where she highlighted her work as a researcher at APCEL, available at:

Amid green jobs boom, some Singapore youths score dream gigs, others have a bumpy ride The green economy is all the rage and touted as a source of jobs growth in Singapore and elsewhere. But what is the reality for job seekers? It has been smooth for some and ‘complex and confusing’ for others, as CNA Insider found.

Our Senior Research Fellow, Dr Linda Yanti Sulistiawati, has published an article “Legal Analysis on Presidential Regulation No.98 Year 2021: Carbon Pricing in Indonesia" in the Journal of Central Banking Law and Institution: https://jcli-bi.org/index.php/jcli/article/view/46.

This paper analyses Indonesia’s new regulatory framework of carbon pricing, namely Presidential Regulation No. 98 of 2021 on Carbon Economic Value (Presidential Regulation No. 98/2021). The Presidential Regulation is analysed under Law No. 12 of 2011 on the Formation of Legislation). This paper found that even though this regulation has fulfilled all the principles stated in the Law on the Formation of Legislation, many details are left to be regulated (as indeed requested in the Presidential Regulation), and more clarification needed for the roles of each actor and stakeholders in carbon economic valuation and how carbon economic valuation invites public participation.

LEGAL ANALYSIS ON PERATURAN PRESIDEN NO. 98 TAHUN 2021: NILAI EKONOMI KARBON (NEK) CARBON PRICING IN INDONESIA | Journal of Central Banking Law and Institutions JCLI focuses on a range of topics examining the intersection of central banking law and institutions on monetary, financial system, and payment systems that inc

2 NEW WORKING PAPERS PUBLISHED

Dr Linda Yanti Sulistiwati (Senior Research Fellow) has published a new working paper on 'Legal Analysis on President Regulation on Carbon Pricing in Indonesia'.

Nikhil Dutt Sundaraj (Visiting Researcher) has published one entitled 'What are the Essential Qualities of a National Level Biodiversity Conservation Regime? – Lessons for Singapore and Other Countries'.

Read them here:
https://law.nus.edu.sg/apcel/publications/

Publications - Asia-Pacific Centre for Environmental Law Publications Books Edited Books Journal Articles Book Chapters Working Papers / Policy Papers Reports Books Edited Books Journal Articles Book Chapters Working Papers / Policy Papers Reports

APCEL FEATURED IN THE MANILA TIMES

On 31 December 2022, APCEL was featured in an Opinion Column written by Amado Tolentino Jr., published in one of the Philippine’s leading national broadsheets, The Manila Times. The piece is entitled,
‘Asean: Focus on environmental law education’. In it, Tolentino Jr. makes the case for greater environmental education and, specifically, that environmental law be taught as a compulsory subject in
law schools. He then elaborates on how the establishment of APCEL in 1996 and its initial ‘Training the Trainors Course on Capacity Building For Environmental Legal Education’ had been a useful step for
regional capacity building.

Read the full piece here: https://www.manilatimes.net/2022/12/31/opinion/columns/asean-focus-on-environmental-law-education/1872281

www.manilatimes.net The Manila Times is one of the leading national broadsheets in the Philippines. It is also one of the oldest, having been founded in 1898.

ISLANDS AND CLIMATE CHANGE: GOING BEYOND ADAPTATION

Join us on 7 February 2023, 4.00pm to 5.30pm, for a seminar by Professor Francesco Sindico!

In this lecture, Professor Sindico will look at a different facet of islands in the current global framework of climate change: one in which islands, big and small, with more and with less resources, look to the future with optimism and explore the wealth of natural resources at their disposal from the sea and from the land. In particular, he will share insights on how Singapore, an island nation itself, provides a clear example of islands leading the way in innovation when it comes to the promotion of renewable energy.

REGISTER HERE:
https://nus.syd1.qualtrics.com/jfe/form/SV_1EWfgBQwqzGGAWG

Want to know about COP27? Join our panel of experts on 9 December 2022, 9-10am (SG time) as they share their insights on the recent COP27 developments and what that means for the world’s fight against climate change.

REGISTER FOR THIS ZOOM WEBINAR HERE:
https://tinyurl.com/APCEL20221209

Join us on Saturday, 12 November 2022, for a seminar on The Role of Courts in Climate Change! https://bit.ly/3yL2vxi

Jointly organised by the Centre of Asian Legal Studies (CALS) and APCEL, this seminar features Justice Ayesha Malik of the Supreme Court of Pakistan, who is the Jones Day CALS Visiting Professor on the Rule of Law in Asia.

https://www.theguardian.com/environment/2022/may/27/peru-lake-palcacocha-climate-crisis-lawsuit

For the first time, German judges have visited a Peruvian glacial lake to determine the damage done by RWE, a German electricity provider which is Europe's biggest greenhouse gas emitter, to local communities. The Peruvian claimant seeks a declaratory judgment and damages for glacial melt and property damage.

This case raises legal questions of whether someone can sue a foreign company for damage despite the company having no physical connection to the damaged property, and proof of causation. Causation could be manoeuvred by merely showing 'substantial' contribution to global emissions.

By the end of the 21st century, climate change and its associated adverse effects are expected to cause tens of trillions of dollars in property damage alone. There arguably should be some form of collective responsibility for preventing or mitigating this. Litigation like this may not monumentally shift environmental jurisprudence, but it opens up conversations of how courts can play a role in holding large polluters to account.

German judges visit Peru glacial lake in unprecedented climate crisis lawsuit Rising greenhouse gases have caused Lake Palcacocha to swell in size which makes the area at risk for a devastating outburst flood

On 13 September 2022, APCEL's Director, Jolene Lin, moderated an expert panel as part of the Nobel Prize Dialogue 2022: The Future We Want Together. Her panel was on 'Wellbeing in the face of climate change', during which experts discussed the complexities of climate change and the importance of intergenerational action.

Watch the Dialogue here: https://youtu.be/nW7Zqw7vWtQ

The World Bank Group delivered a record $31.7 billion in fiscal year 2022 to help countries address climate change, surpassing the $26.6 billion all-time high in financing reached in the previous fiscal year.

They have also recently launched a number of Country Climate and Development Reports (CCDRs). CCDRs are a new core diagnostic to help countries prioritize the most impactful actions that can reduce greenhouse gas emissions and boost adaptation.

It has been widely argued that and risk mitigation should not unfairly jeopardise developing countries' economic growth as they seek to divest. More green financing will be needed moving forward, but it is crucial that it be targeted where it can have the strongest impact and where the needs are greatest. In this respect, CCDRs and other diagnostics can play a vital role.

https://www.worldbank.org/en/news/press-release/2022/09/07/world-bank-group-delivers-record-31-7-billion-in-climate-finance-in-fiscal-year-2022?cid=ECR_LI_Worldbank_EN_EXT_profilesubscribe

Climate Finance | $31.7 billion in fiscal year 2022 The World Bank Group delivered a record $31.7 billion in fiscal year 2022 to help countries address climate change.

JOIN US for a lecture by Professor Daniel Bodansky on 6 October 2022, from 3.00 to 4.30pm! This event is organised by the Centre for International Law and supported by APCEL.

Register here: https://cil.nus.edu.sg/event/the-united-nations-climate-regime-thirty-years-on-a-retrospective-and-assessment-by-professor-daniel-bodansky/

Two of the largest bunkering ports in the world, Singapore’s Maritime and Port Authority and the Port of Rotterdam Authority in the Netherlands, have signed a Memorandum of Understanding to establish the world’s longest Green and Digital Corridor. The goal is to enable low and zero carbon shipping using sustainable alternative fuels.

In 2018, the global maritime industry accounted for an estimated 2.89% of anthropogenic GHG emissions. Currently, international shipping largely uses marine gas oil and low-sulphur fuel oil. Sustainable alternatives are increasingly being made available, but pose their own challenges including costs, availability and safety. Increased investment in sustainable fuels, and cross-border initiatives like the Green and Digital Corridor among other high-volume maritime trade routes, can go a long way towards accelerating the transition to more sustainable shipping.

https://www.porttechnology.org/news/mpa-singapore-port-of-rotterdam-establish-world-longest-green-corridor/

MPA Singapore, Port of Rotterdam establish world-longest green corridor The Maritime and Port Authority of Singapore (MPA) and the Port of Rotterdam Authority have signed a Memorandum of Understanding (MoU) to establish the

Two of APCEL's researchers, Sean Tseng (Adjunct Research Fellow) and Selene Tanne (Research Assistant), have won 1st Place and 3rd Place respectively in the 2022 essay competition (Open Category) jointly run by the Competition & Consumer Commission Singapore and the Economic Society of Singapore. Each of their essays was entitled, 'Environmental Sustainability: The Role of Competition and Consumer Protection Laws and Policies', which was the topic for this year’s competition. We congratulate our researchers on their efforts.

Read more and access their essays here: https://law.nus.edu.sg/apcel/media/apcel-at-the-cccs-ess-essay-competition-2022/

We at APCEL are excited to announce an upcoming event. APCEL Visiting Associate Professor, Dr Ricardo Pereira, will be presenting his working paper titled Marine Environmental Security in the Areas Beyond National Jurisdiction: The Quest for Criminalisation, Interstate Cooperation and Effective Enforcement. This paper addresses the present state of enforcement of international standards meant to facilitate interstate cooperation for the effective and equitable management of shared natural resources.

The paper argues that ‘environmental security’ could provide the overarching theoretical framework for conservation of the marine environment and criminalisation of environmental offences in areas beyond national jurisdiction. It also examines whether extraterritorial criminal jurisdiction and the present mechanisms for interstate cooperation in criminal matters could assist in enforcing conservation standards, and to what extent such mechanisms should be included in a treaty on marine biodiversity protection.

Please follow this link to register: https://tinyurl.com/APCEL20220908

In 2021, the United Nations Environment Programme (UNEP) commissioned the APCEL to undertake a global study on Environmental Courts and Tribunals (ECTs) and produce an updated Guide for Policy Makers. We collaborated with Ghent University (UGent) to create a comprehensive 128-page report on the status and associated developments in ECTs in 197 countries that have taken place since 2016, as well as provide recommendations on how ECTs can be strengthened as a key institution for environmental justice. This Guide was completed in 2021 and published in 2022.

Join our official launch and hear from UNEP, APCEL, UGent, and representatives from the Review Board as they share their insights on the Guide’s research findings and recommendations!

SIGN UP HERE: https://tinyurl.com/APCELUNEP20220109

Join us as we hear from experts about the Environmental Courts and Tribunals (ECTs) in the Asia-Pacific region! This Zoom webinar will take place on Wednesday, 10 August 2022, from 2.00pm to 5.30pm.

ECTs play a critical role in improving environmental dispute resolution, access to environmental justice, and overall environmental governance. The Asia-Pacific region is a very important region for ECTs. However, ECTs in the Asia-Pacific region are an under-discussed phenomenon with data and academic analysis in early stages of development. In this Webinar, the National University of Singapore's Asia-Pacific Centre for Environmental Law (APCEL), together with the Asian Development Bank (ADB) and the Asian Research Institute for Environmental Law (ARIEL), brings together experts and stakeholders to have a broad-ranging discussion on trends, best practices and challenges related to ECTs in the Asia-Pacific region.

SIGN UP HERE!
https://tinyurl.com/APCEL20220810

In 2021, APCEL was commissioned by the UN Environment Programme to undertake a global study on environmental courts and tribunals. This study was led by our Senior Research Fellow, Dr Linda Yanti Sulistiawati, and all of our researc staff contributed. We had also collaborated with Ghent University to conduct research on the Europe and Africa regions.

The report has now been published and an official launch will take place soon. Watch this space!

Read the full report here: https://wedocs.unep.org/handle/20.500.11822/40309

The recent, devastating floods in Australia are a stark reminder of the damaging effects of climate change, and that the window to avert irreversible climate disaster is quickly closing.

As noted in the article, political will is a gamechanger in our fight against climate change. Governments do need to step up their national responses and fulfil their international commitments to climate action, but private actors and civil society must also play an active role in advocating for climate-friendly laws and regulations, and in innovating ground-up solutions.

Only with all hands on deck do we stand a chance against irreversible climate disaster.

https://www.channelnewsasia.com/commentary/australia-floods-bushfire-climate-crisis-disaster-1883201

Commentary: With the latest floods, Australia is at the forefront of the climate crisis Which is why the country needs to lead in response to climate change or find itself become a global symbol for inaction, says author Edmond Roy.

Our Adjunct Researcher, Sean Tseng, recently joined The Straits Times’ Green Pulse Podcast on climate litigation!

Tune in here:
https://www.straitstimes.com/singapore/environment/green-pulse-podcast-%E2%80%9Cwe%E2%80%99ll-see-you-in-court%E2%80%9D-when-climate-change-becomes-a-legal-battle

Green Pulse Podcast: 'We’ll see you in court' - When climate change becomes a legal battle Every first and third Monday of the month, The Straits Times analyses the beat of the changing environment, from biodiversity conservation to climate change. Read more at straitstimes.com.

Join us on 12 May 2022, from 3.30-5.15pm (SGT) for our first webinar collaboration with the University of Colombo’s Centre for Environmental Law and Policy!

This is the 9th Annual Law Goes Green conference that focuses on student-led environmental law research and advocacy. The theme is global face mask pollution in the wake of COVID-19.
Students from NUS Environmental Law Students Association (ELSA) have been working with their counterparts from UoC, and both groups will be presenting their findings during this online conference.

Scan the QR Code or visit https://tinyurl.com/APCELLGG20220512 to register!

WEEKLY NEWS NUGGET!

The IPCC’s recent report emphasises that the window of opportunity to limit global warming to 1.5˚C is rapidly closing. More than ever, global efforts must be ramped up to avert irreversible climate disaster. Law and policy will play a role, as will technology.

Some technologies, like wind and solar energy, are already cost-competitive today, while others, such as carbon capture and storage, require "investment beyond business as usual". Further, while carbon capture may turn out to be vital in the long-term, the IPCC Report suggests it has limited emissions reduction potential within the next decade.

Meanwhile, as the technology is developed and tested, governments and corporations must be careful not to have over-optimistic expectations, nor let the promise of carbon capture serve as a justification for reduced mitigation efforts in other areas.

https://www.bloomberg.com/news/articles/2022-04-08/carbon-removal-s-hard-problems-require-hard-tech-fixes

Carbon Removal’s Hard Problems Require Hard Tech Fixes Just because the technology is essential to meeting long-term climate goal doesn’t mean it will automatically find a market.

WEEKLY NEWS NUGGET!

UK’s Competition and Markets Authority is beefing up its stance against greenwashing in the fashion industry. Greenwashing is a widespread problem in other industries as well. For too long, companies have leveraged on consumers’ growing desire for more environmentally friendly products as a marketing tool, rather than as motivation for improving the sustainability of their production line. Many make unsubstantiated claims about their products being ‘sustainable’ or ‘eco-friendly’, even when the reality is untrue.

Not only does this harm the environment, but it betrays consumer expectations and purchasing decisions. Thus, tougher regulations and enforcement are much welcomed, and this may provide consumers with more chances of legal redress against dishonest companies.

https://www.theguardian.com/fashion/2022/mar/11/greenwashing-uk-fashion-firms-to-be-named-and-shamed-by-watchdog

Greenwashing UK fashion firms to be named and shamed by watchdog Crackdown on sweeping eco-friendly claims hoped to boost faith in genuine sustainable products

WEEKLY NEWS NUGGET!

Climate-related disclosures (CRD) have proliferated in recent years. Investor pressure and the rapid worsening of the climate crisis has pushed many countries to mandate CRD, including Singapore. The US Securities and Exchange Commission (SEC) has long resisted some form of mandatory CRD, especially because of a fear of litigation challenges – until now. That said, their new rules are still only being proposed and they not require disclosure of Scope 3 greenhouse gas emissions (i.e., indirect emissions occurring along a company’s supply chain). Not only does this show how a clear regulatory environment is necessary for businesses to contribute well to climate solutions, but it also shows that a country’s social and legal cultures must be taken into consideration when creating a CRD framework.

https://www.ft.com/content/d9806361-c62d-40db-80d4-f51490709df5

SEC moves towards requiring corporate climate disclosures US regulator’s proposal asks companies to disclose emissions and have them verified by third party

WEEKLY NEWS NUGGET!

Increasingly, stakeholders are recognising that the components of corporate ESG– environmental, social and governance – matters are nuanced and quite distinct from one another, at least when comparing E with SG. Environmental issues tend to be complex, multi-faceted and far-reaching. Climate change in particular is an existential threat. Thus, this change in mindset will help pave the way for a more urgent and prescriptive approach to regulating companies in relation to climate change and/or environmental matters.

https://www.ft.com/content/b8df3190-e91e-4138-be00-142b5603eb92?desktop=true&segmentId=7c8f09b9-9b61-4fbb-9430-9208a9e233c8 :notification:daily-email:content

Is it time to separate ‘E’ from ‘S’ and ‘G? Plus, Starbucks’ pay problem and investors demand corporate lobbying disclosures on climate