CLIMATE CHANGE LAW IN EUROPE

About the FWO Scientific Research Network:

The FWO Scientific Research Network “Climate Change Law in Europe – Klimaatveranderingsrecht in
Europa” aims to boost and facilitate the development of Climate change law and governance as an
autonomous field of legal studies in Flanders and in Europe more broadly. The network’s activities will
focus on the complex trends and interplays underpinning the development of the legal discipline
around climate change mitigation and adaptation revolving around four fundamental pillars:

• A just transition to a low carbon economy.
• Human rights in climate change law.
• Biodiversity protection in climate change law.
• Governance innovation in climate change law.

The network comprises seven top-ranked Flemish and international research organisations in the field
of climate law under the coordination of Hasselt University.
For further information about the network, please contact us at environmental.law@uhasselt.be .

FWO SCIENTIFIC RESEARCH NETWORK 052021

Greenwashing and climate change: legal perspectives

Hybrid workshop in cooperation with FWO Scientific Research Network
‘Climate Change Law in Europe’

12 May 2023 / 9:30 am – 1:00 pm CET
Academy of Sciences (Akademie věd ČR) Národní 3, Prague, Czechia/ room 108

Workshop registration (in person or online): here

For more information, please contact Dr. Monika Feigerlová at monika.feigerlova@ilaw.cas.cz and
Dr. Rita Simon at rita.simon@ilaw.cas.cz

Governmental and non-governmental actors are increasingly making climate statements,
announcing climate neutrality pledges or ambitions. The European Green Deal of 2019
emphasized that ‘companies making ‘green claims’ should substantiate these against a standard
methodology to assess their impact on the environment’ and that consumers need to be
‘empowered to make informed choices and play an active role in the ecological transition’.
There is no universal definition of greenwashing. The concept originally considered misleading
environmental claims of businesses, however now it extends to sustainability issues in general.
The emerging phenomenon of climate-washing undermines efforts to solve climate crisis. This
workshop aims to address what constitutes greenwashing practices in the context of climate
change, how it is considered under European legislative instruments, and what are emerging legal
trends in greenwashing climate change lawsuits. In particular, the workshop will address the
following key topics:
- Climate neutrality/net zero goals and pledges
- Protection against misleading practices (product labelling)
- Corporate climate accountability and development financing
- Emerging definitions of greenwashing under the EU Taxonomy Regulation
- Greenwashing climate change litigation

Programme

9.15–9.30

Participant registration

Welcome address and presentation of the workshop
Hana Müllerová (Institute of State and Law, Czech Academy of Sciences)

9.30–10.00

Keynote speech: [Concept of 'climate-washing'; or climate-related 'greenwashing']

Elias Van Gool (KU Leuven and Université de Lille)

10.00–11.05

Sustainable consumption and greenwashing (reflecting on a draft Directive on empowering consumers for the green transition)
Rita Simon (Institute of State and Law, Czech Academy of Sciences)

Greenwashing and development financing
Gamze Erdem Türkelli (University of Antwerp)

[The awareness of greenwashing among Czech consumers]
Petra Koudelková (Charles University, Faculty of Social Sciences)

Discussion

11.05–11:35 Coffee Break

11.35–13:00

Greenwashing climate change litigation

Ekaterina Aristova (Bonavero Institute of Human Rights, University of Oxford)

The new approach to greenwashing under the EU Taxonomy Regulation
Emilie Jane Coutin [Highbridge Law Firm, Copenhagen]

Climate responsibility under a draft Corporate Sustainability Due Diligence
Directive
Monika Feigerlová (Institute of State and Law, Czech Academy of Sciences)
[ ]
Matteo Fermeglia (Hasselt University)

Discussion

13.00 End of the workshop

Expert Roundtable:
The Energy Charter Treaty between Modernization and Termination: Prospects for Danish Energy Investors
19  January 2023, 16:00-17:30 CET
Flex Room, Faculty of Law, University of Copenhagen and online via Zoom

The Centre for International Law and Governance (CILG), Faculty of Law, University of Copenhagen is hosting an expert roundtable on the Energy Charter Treaty. The event is organized under the framework of the ‘Green Corner’ and the participation of CILG’s Green Partners. The event is also organized within the FWO Scientific Research Network Climate Change Law in Europe.

Over the past decade, this treaty has played a major role in investment disputes brought by both renewable energy and fossil fuel investors. In June 2022, the Energy Charter Secretariat announced that, after long-standing negotiations, an agreement has been reached for a ‘modernization’ of the treaty, which also aims at ensuring a better alignment of the treaty with international climate commitments. However, the modernization proposal has faced criticism by both by legal scholars and several EU Member States, who have announced their intention to withdraw from the treaty.

While a final decision on the adoption of the modernization by the ECT parties is likely to take place in April 2023, this Roundtable aims to explore the prospects for Danish energy investors of, respectively, the modernization of the Energy Charter Treaty, or termination/withdrawal from the treaty.

Key topics discussed in the roundtable panels include:

• Advantages and disadvantages of ECT modernisation and termination to attract and protect energy investments, with a focus on the green transition.
• Amended provisions in the ECT Modernization proposal on, among others, third party funding, dispute settlement, standards of treatment, damages.
• Practical implications of the (modernised) ECT and other legal instruments to support Danish foreign investments in the energy sector.

An informal networking will follow the roundtable discussion.

Programme

16:00 - 16:05  Welcome & opening

Alessandro Monti, Assistant Professor, University of Copenhagen
Beatriz Martinez Romera, Associate Professor, University of Copenhagen

16:05 - 16:15 Introductory remarks: The ECT modernization process – state of affairs

Alessandro Monti, Assistant Professor, University of Copenhagen

16:15-16:45 Panel 1: Modernizing or terminating the ECT? Challenges and prospects

Ana Maria Daza Vargas, Lecturer, University of Edinburgh
Monika Feigerlová, Research Fellow, Czech Academy of Sciences
Matteo Fermeglia, Assistant Professor, Hasselt University

16:45 - 17:15 Panel 2: The international protection of energy investments: counsel’s and third party funder’s perspectives

Jens Blomgren-Hansen, Partner, Kromann Reumert
Alexander Severance, Special Counsel, DLA Piper
Giacomo Lorenzo, Senior Legal Counsel, Deminor

17:15 - 17:30 Q&A

FWO Scientific Research Network “Climate Change Law in Europe –
Klimaatveranderingsrecht in Europa” hybrid Workshop 

Technological breakthroughs for climate neutrality in Europe: Challenges and Perspectives

16 December 2022, 9:15 am - 1:00 pm CET

University of Hasselt, Campus Hasselt (Martelarenlaan 42, 3500 Hasselt, Belgium)

Workshop registration (in person or online on Google meet): https://forms.gle/o96JyprD68v7soBR6 

For more information, please contact Dr. Matteo Fermeglia at matteo.fermeglia@uhasselt.be and

Dr. Theodoros Iliopoulos at theodoros.iliopoulos@uhasselt.be.

In its Sixth Assessment Report, the Intergovernmental Panel on Climate Change (IPCC) has
underscored the importance of innovation and technology transfer to achieve the overarching Paris
Agreement global temperature goals. To this end, a broad array of technologies is being developed
and implemented in Europe to both ensure the transition to a low-carbon society and to mitigate
the expected consequences of global warming. However, to regulate and ensure full uptake of low-
carbon technologies unfolds manifold obstacles and challenges from a legal, economic, and social
perspectives.

This workshop aims therefore to address the legal, economic and social aspects of deploying key
technological developments to achieve the low-carbon transition in Europe. In particular, the
workshop will address the following key topics

• Renewable Energy Sources uptake and technological innovation.
• Digitalisation of the energy system and smart systems.
• Carbon Capture Utilisation and Storage (CCUS).
• Social impacts of low-carbon technologies.
• Deployment of climate engineering techniques.

Programme

9:15: Welcome and participants registration (coffee/tea will be served)

9.30-9.45: Welcome address and presentation of the workshop: Carole Billiet (Hasselt University)

PART I. Chair: Carole Billiet (Hasselt University)

9.45-10.30: Keynote speech: Robert Malina (Hasselt University, Centre for Environmental Sciences)

10.30-10.45: Theodoros Iliopoulos (Hasselt University): Legal Instruments for the Promotion of Innovative Renewable Energy Technologies in the EU

10.45-11.00: Kaisa Huhta (University of Eastern Finland): Smart systems and the digitalisation of
energy in the EU

11:00-11.15: Q&A session

11.15-11.45: Coffee break

PART II. Chair: Matteo Fermeglia (Hasselt University)

11.45-12.00: Viktor Weber (University of Copenhagen, Center for International Law and
Governance): Carbon Capture and Storage Deployment around the North Sea – the Current Industry
and Regulatory Landscape

12.00-12.15: Vincent Bellinkx (University of Antwerp): Legal public participation standards as a
vehicle for low carbon energy transition

12.15-12.30 Hana Müllerova (Institute of State and Law, Czech Academy of Sciences): Climate
Engineering as a Regulatory Challenge for the EU: European Green Deal and Beyond

12.30-12.45: Q&A session

12.45-1.00 – Workshop conclusions and Call for Papers announcement: Matteo Fermeglia (Hasselt
University)

1:00 End of the workshop and light Lunch

At the end of the workshop, a Call for Papers will be announced for a Special Issue to be hosted by
Carbon & Climate Law Review (Lexxion Publisher).

FWO Scientific Research Network “Climate Change Law in Europe –
Klimaatveranderingsrecht in Europa” Workshop (hybrid)
Justice for the voiceless: human rights of future generations in climate change law

22 November 2022, 9:15 - 13:00 CET

University of Antwerp, City Campus, s. R. Annex (Rodestraat 14, 2000 Antwerp, Belgium)

Online participation (Microsoft Teams): join the workshop
For information, contact Dr. Kata Dozsa at kata.dozsa@uantwerpen.be

The exacerbation of climate change impacts has led to increased interest in the human rights of future
generations. However, this notion of ‘human rights of future generations’ is not unequivocal; it holds
a diversity of meanings and interpretations in policies and in different jurisdictions: it entails
intergenerational justice; the responsibility of current generations, particularly decision-makers, to
ensure the enjoyment of a sustainable quality of the climate for those yet unborn; who can
legitimately represent future generations (children; indigenous peoples; women, etc.) and whether
children are also identified in policy as representatives of future generations. Moreover, trends in
litigation suggest an appeal to human rights that allows stakeholders traditionally excluded from
decision making to raise concerns, on behalf of ‘the voiceless’ future generations too, in a judicial
forum.
This workshop aims to unfold the complexity of legal understandings and approaches to the concept
of human rights of future generations while considering the responsibility and struggles of current
generations to respect and fulfill these rights.

Programme

9:15 Welcome (coffee/tea)

PART I. The concept of future generations and intergenerational justice in climate change law
Chair: Wouter Vandenhole (University of Antwerp)

9:30 From concept to content: ‘Future generations’ in climate change law: (Gamze Erdem Türkelli,
University of Antwerp)

9:40 Key note: Future generations in children’s rights law (Ann Skelton, Committee on the Rights
of the Child, Leiden University & University of Pretoria)

10:05 Proposed legal avenues for recognition of the rights of future generations (Hana Müllerová,
Institute of State and Law Czech Academy of Sciences)

10:20 Future generations, youth, children? – Complexities of intergenerational notions in climate
change law, policy and practice (Kata Dozsa, University of Antwerp)

10:35 Q&A

11:00 Break

PART II. The rights of future generations in climate change litigation – a global overview
Chair: Kata Dozsa (University of Antwerp)

11:30 What we talk about when we talk about rights of future generations in climate litigation?
(Eva Balounova, Institute of State and Law Czech Academy of Sciences)

11:45 Evolving legal concepts with the awareness of ‘future generations’ in China (Mingzhe Zu,
University of Antwerp

12:00 Advancing the Human Rights of future generations - Draft Guidelines of Human Rights of
Future Generations (Magdalena Sepúlveda Carmona, GI-ESCR)

12:15 Wrap-up and Q&A

13:00 End