The transition to a low carbon economy is estimated to require significant funding globally. The voluntary carbon market continues to play a critical role in that transition by helping to channel funding into projects that reduce carbon emissions or remove carbon from the atmosphere.
A robust voluntary carbon market must be grounded in a strong legal foundation. Much of the process of creating, verifying and transferring the benefit of project activities that reduce emissions already exists within robust legal frameworks. As the market grows in size and complexity, however, secondary markets in fungible voluntary carbon credits (VCCs) would be significantly enhanced by steps being taken both nationally and internationally to better understand the legal nature of VCCs.
As with any intangible asset, the legal nature determines how VCCs as a fungible instrument can be created, bought, sold and retired. It affects what type of security may be taken and enforced in relation to VCCs and how that can be achieved, as well as how VCCs would be treated following an insolvency (including with regard to netting). It may also have an impact on broader considerations, including the regulatory, tax and accounting treatment of VCCs. In short, understanding the legal treatment of VCCs is necessary to achieve deep and liquid secondary markets, which, in turn, will enable the development of a clear price signal for carbon and allow funds to be efficiently channeled to emissions-reducing projects.
Furthering that legal understanding in different jurisdictions will help optimize the enormous potential that a global voluntary carbon market can offer. This whitepaper investigates the legal treatment of VCCs and considers certain other aspects of VCC transactions (such as when they might be regulated as derivatives). The paper also sets out recommended steps that can be taken to further develop legal certainty in VCCs at both a global and jurisdictional level.
Click on the attached PDF to read the paper in full.
A supplemental paper covering France, Japan, Singapore is available HERE.
Documents (1) for Legal Implications of Voluntary Carbon Credits
Latest
ISDA & EMTA Market Practice 45
ISDA & EMTA jointly published the attached updated market practice regarding the determination of barrier events for Brazilian Real non-deliverable continuously monitored barrier option transactions.
Episode 54: A Modernization Agenda
ISDA’s chair Amy Hong sets out priorities for the association in 2026 and the important role that technologies like tokenization and artificial intelligence will play in modernizing derivatives markets. Please view this page via Chrome to access the recording.
Developing OTC Commodity Derivatives in India
The development of a robust and liquid over-the-counter (OTC) commodity derivatives market in India could support the continued growth of India’s economy given its significant reliance on commodities. A well-functioning OTC market in India would offer several advantages. First, it...
A Critical Step to Efficient Treasury Clearing
By the end of this year, the first prong of the Securities and Exchange Commission’s (SEC) Treasury clearing mandate will come into force. This is part of a regulatory effort to make the financial system more robust, but it will...
