The climate crisis demands urgent action, yet we live in a politically polarized and paralyzed world. As governments and other actors struggle over climate change, our environment is irreversibly changing. A United Nations report on the Global Assessment of Biodiversity and Ecosystem Services revealed that three-quarters of the earth’s land-based environment has been significantly altered by human actions.

This guide examines the role and responsibilities of private sector lawyers when advising their clients on agricultural investments. It discusses how lawyers can prevent and/or address and mitigate adverse human rights impacts on holders of legitimate tenure rights when advising on or conducting their due diligence and risk assessment processes on behalf of their clients. It provides a number of key recommendations, including on how to align legal advice with the VGGT and CFS-RAI.

This primer provides an introduction to some of the key issues that arise in the negotiation of contracts linked to investments in agriculture, and practical guidance for how to approach common issues. First, it outlines the typical goals of three important stakeholders – the government, companies, and communities who live on or near land on which a project will take place – along with the risks that each type of stakeholder faces. Then, it discusses the role of contracts and lawyers, provides tips for negotiations, and includes resources for further reading.