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International
Partner, Baker
McKenzie, Corporate – Sydney
Practice
areas
Environmental
Markets | Climate Change | Renewable Energy
Practice
description
Martijn
Wilder heads Baker & McKenzie's global climate change and
emissions trading practice (with over 50 lawyers across the world)
and is regarded as one of the world's leading carbon lawyers,
having worked in the area for over 12 years.
Representing
an international client base he has advised a number of governments
and clients on the development of climate change and emissions
trading laws including:
•
advising the Prime Ministerial Task Group on Emissions Trading by
providing research papers on the role of financial markets and
financial instruments in support of an emissions trading scheme;
the scope for hedging opportunities to mitigate carbon price risk
for businesses; and the minimum requirements to link national
emissions trading schemes;
•
advising the Australian Greenhouse Office on greenhouse issues,
including establishing an emissions registry and linkages to
emissions trading;
•
advising the Multi-State Emissions Trading Working Group on the
design parameters and legal issues arising from the development of
a national emissions trading scheme in Australia;
•
advising the New South Wales and Victorian governments on the
establishment of emissions trading schemes and the design of
potential emissions trading regulations. This has included advising
Victoria on both Emissions Trading and WTO issues and Emissions
Trading and Constitutional law issues;
•
advising the European Commission on the establishment of a national
registry system to monitor trading under the European Union's
Emissions Trading Scheme and drafting the Registries Regulation for
this Scheme;
•
advising the New Zealand government on various aspects its Kyoto
Implementation and emissions trading policies;
•
advising a number of other international and regional governments
on the establishment of greenhouse policy and regulation, including
the European Union, the United Kingdom, Australia, China, India,
New South Wales, Victoria, California, Malaysia and Papua New
Guinea;
•
advising a number of international exchanges on developing
emissions trading platforms;
•
regularly advising clients on participation in global trading
regimes including Kyoto, the EUETS, UKETS, NSW NGAS, Chicago
Climate Exchange, US NE States proposal and the various REC and ROC
markets;
•
drafting market standard emissions trading contracts and
documentation;
•
advising on tradeable permit regimes in the fisheries, wildlife and
bio-diversity area
•
advice on the development of emission reduction projects and the
generation of offsets or credits under various emissions trading
regimes;
•
advising on the design of Voluntary Carbon Markets including the
current IETA VCU market;
•
advising on the design of Voluntary Carbon Markets including the
current IETA VCU market;
•
designing internal company emissions trading systems including for
BP; and
•
a lead participant in and advisor to the International Emissions
Trading Association on emissions trading issues.
Martijn
is retained as the lead external counsel to the World Bank's Carbon
Finance Business, the European Carbon Fund, The Japanese Carbon
Fund, Peony Capital (Bill Gates Fund) and the Asian
Development Bank's Asia Pacific Carbon Fund. He advises
Climate Change Capital Carbon Fund No.1 and Climate Change Capital
Carbon Fund No.2 and works with international financial
instructions such as Rabobank, IXIS, Macquarie Bank, Swiss Re, ANZ
and Citigroup with respect to emissions trading deals on
a daily basis. This includes:
•
documenting international carbon trades under the Kyoto Protocol,
EUETS and a range of domestic emissions trading regimes and
voluntary markets;
•
assisting with carbon market M&A/IPOs such as advising
Citigroup in its acquisition of Sindicatum and Ecosecurities
in its AIM listing;
•
the development of climate change projects such as for clients like
AES, CAMCO, Ecosecurities and RaoringForties; and
•
establishing and assisting international carbon funds.
He has
also advised clients on:
•
developing strategies to mitigate the regulatory risks involved at
a local and international level in terms of the regulation of
emission reduction projects and carbon trading, and the context of
corporate governance considerations; and
•
advising on strategies for managing threatened litigation by
environmental non-government organisations; and
•
advised the boards of a range of major Australian and international
companies on corporate strategy relating to positioning their
companies in the context of existing and forthcoming regulatory
frameworks.
Martijn
has specific expertise in the Clean Development Mechanism (CDM )
advising on multi-jurisdictional CER trades on a regular basis. In
particular he:
•
represented the World Bank on its Umbrella Carbon Fund syndicated
to European banks) and on the underlying fund investment being a
€775 million (US$930 million) contract, with the two private
chemical companies, Jiangsu Meilan Chemical Co. Ltd., and Changshu
3F Zhonghao New Chemicals Material Co. Ltd, in Jiangsu Province in
The People’s Republic of China (the world's largest CDM
deal);
•
was lead co-author on UNDP's Legal Issues in the CDM
Guidebook;
•
has conducted capacity workshops on the CDM in many developing
countries;
•
has assisted in implementing the DNA in many countries;
and
•
represented clients on over 200 CDM transactions.
Martijn
has played a lead role in the development of LULUCF transactions.
This includes his involvement in establishing the BioCarbonFund and
his current role in advising on the World bank's new FCPF Avoided
Deforestation Fund. He has acted ion many carbon sink trades and
has structured such deals under the NSW GGAS scheme, the voluntary
market and as part of conservation rainforest acquisitions. He has
also advised the Australian government on the development of carbon
sink rules and the management of permanence issues and has
represented clients on the establishment of dedicated carbon sink
funds. Other work includes:
•
Advising the New Zealand Government on its Projects to Reduce
Emissions Programme;
•
Preparing for the Australian Greenhouse Office a report on carbon
sink investment across all Australian jurisdictions;
•
Development of a workbook for designing and operating greenhouse
projects involving LULUCF activities for the International
Greenhouse Partnerships Office;
•
Advising the World Bank and Climate Change Capital in relation to
The International Small Group and Tree Planting Program;
and
•
Advising Australian Plantation Timber on the first forestry carbon
deal in Australia with Cosmo Oil (Japan).
Martijn
Wilder is also a member of the Voluntary Carbon Scheme Agriculture,
Forestry and other Land Use (AFOLU) Advisory Group.
Martijn
has also worked on carbon capture and storage projects
including:
•
advising major Australian and international corporations and carbon
funds on the potential to register CCS methodologies under the
Kyoto Protocol's Clean Development Mechanism or under emerging
international voluntary carbon standards;
•
assisting with the drafting liability protocols in relation the
development of CCS projects and in particular the US FutureGen
project;
•
advising several Australian resource companies on the legal issues
associated with carbon capture and storage and coal mine methane
capture, including the ability to generate carbon credits from
these activities under Australian voluntary or mandatory emissions
trading frameworks; and
•
advising the European Commission on a regulatory, legal and public
acceptance considerations in respect of Carbon Capture and Storage
(ACCSEPT Project).
Over the
last few years Martijn has advised many corporations on climate
change strategy, risks and opportunities analysis including BP,
Santos, WA Forest Products Commission, ChevronTexaco,
ConcocoPhillips. Most recently he was the key legal adviser to
Newscorp on its global carbon procurement and carbon neutral
programme.
Finally,
Martijn advises on the development of renewable energy projects
including PacificHydro, Primary Energy, Roaring Forties, Solar
Systems, BP Solar and Macquarie Bank. He is also currently
representing a number of clients on carbon capture and storage
projects.
Professional
activities
•
Chair of the NSW Climate Change Council
•
Chairman of the NSW Premier's Greenhouse Advisory
Panel
•
Chair of the NSW GGAS Scheme Energy Efficiency Transition
Panel
•
Member of the NSW GGAS Scheme Transition Panel
•
On the Governing Board of the Renewable Energy and Energy
Efficiency Partnership
•
Chair of the Markets Group of the Renewable Energy Generators
Association (2005-2007)
•
Adjunct Lecturer in International Environmental Law at the
University of NSW
•
Former Vice-President and existing Board Member of the
International Law Association (Australian branch).
Martijn
has published widely in the climate change and international law
area. | 