ISDA published a paper in December 2021 that considered the legal implications of voluntary carbon credits (VCCs). Specifically, it investigated the legal treatment of VCCs and considered certain other aspects of VCC transactions, including when they might be regulated as derivatives. It also recommended steps that could be taken to further develop legal certainty in VCCs at both a global and jurisdictional level.
The legal nature of VCCs is currently a jurisdiction-specific question that must be determined by reference to national laws. The 2021 whitepaper explored the legal treatment of VCCs under English, US and German laws.
In response to continued interest in VCCs, this paper considers the legal nature of VCCs under French, Japanese and Singapore laws.