IMBEWU Services

Climate Change and CDM Specialist Legal Unit

Since its establishment in 2000 IMBEWU has been involved, both nationally and internationally, in the climate change legal arena. IMBEWU is thus a pioneer in South Africa in the practice of climate change law and related disciplines, and one of the most specialised legal consultancy firms in this field.

During this period IMBEWU has acquired and developed extensive knowledge and expertise in climate change legal issues and in the legal regimes applicable to the implementation of Clean Development Mechanism (CDM) projects.
The range of professional consultancy services that we offer in the climate change context includes;

Climate change policy and strategy development (for private and public sectors)
Implementation of CDM projects, including:

Assistance with CDM project identification.
Assistance with CDM project risks assessment/due diligence – both legal and technical via our network of specialist consultants practicing in related disciplines).
Assistance with the CDM project cycle prescribed at the international level.
Assistance with applications for host country approval to the South African Designated National Authority (DNA) for the CDM.
General environmental legal advice during the life cycle of CDM project (project development, operation and decommissioning).
Specific advice on a CDM project’s SHE (safety, health and environmental) legal compliance.
Assistance with EIA and other authorization processes, where relevant, for South African CDM projects.
The provision of regular updating of legal and other relevant developments pertaining to the CDM, both nationally and internationally, including remaining abreast of the dynamic of the international carbon market and prices for carbon credits.
Advice on contractual relationships pertinent to climate change and CDM-related issues.

Carbon contracts, including:

Drafting and negotiating of Emission Reduction Purchase Agreements (ERPAs) for the purchase and sale of carbon credits.
Project Development Contracts, Co-operation Agreements aimed at promoting efficient project implementation.

IMBEWU counts among its climate clients:

National, provincial and municipal governments (not limited to South African);
Multi-nationals;
Donor agencies;
Project developers and investors;
Banking and financial institutions; and,
Other attorneys firms seeking specialist assistance for their clients.

IMBEWU was actively involved in establishing the South African DNA and currently provides consultancy services to the DNA on request. IMBEWU was a leader in the establishment of the South African CDM Industry Association (SACDMIA). IMBEWU strives to provide effective and efficient climate change legal services and remains informed on latest developments in this very dynamic area of practice by conducting a daily review of the national and international information sources.

Capacity building

Three of IMBEWU’s professional staff-members are involved in providing climate change capacity-building and training services, namely, Managing-Director Catherine Warburton, Director Andrew Gilder and Sustainability Legal Consultant Marie Parramon. As mentioned, advices can be provided in English or French and both nationally or internationally.

List of Acroynms:

CDM: Clean Development Mechanism

CERs: Certified Emission Reductions

EITs: Economies in Transition

ET: Emissions Trading

ERUs: Emission Reduction Units

ETS: Emissions Trading Scheme

EUA: European Union Allowances

GHG: Greenhouse Gas

GWP: Global Warming Potential

IPCC: Intergovernmental Panel on climate Change

JI: Joint Implementation

EUA: European Union Allowances

LULUCF: Land use, land use change and forestry

NAPs: National Allocation Plans

PDD: Project Design Document

RMUs: Removal Units

UNFCCC: United Nations Framework Convention on Climate Change

VERs: Verified Emission Reductions

For further information please consult IMBEWU’s Climate Change Legal Practice Overview Presentation