TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO

This briefing by the Center for International Environmental Law (CIEL) provides preliminary comments on the second drafts of the Ministerial Declaration and Implementation Decision for the Doha Ministerial Conference. The authors argue that these documents fail to adequately integrate the principles and objectives of the Convention on Biological Diversity (CBD) into the WTO framework, particularly within the TRIPS Agreement, and do not sufficiently address the concerns of developing countries regarding sustainable development and genetic resources.

• The authors contend that the Doha draft Declaration fails to harmonize WTO agreements, specifically the TRIPS Agreement, with the Convention on Biological Diversity (CBD), missing an opportunity to create synergies between trade and biodiversity objectives.
• The briefing argues that the draft Ministerial Declaration's preamble does not establish sustainable development as the primary goal for new negotiations, which the authors believe is critical for the future interpretation of obligations.
• The authors express concern that the draft language in Paragraph 19 of the Ministerial Declaration merges different reviews under the TRIPS Agreement, which may dilute the focus on the Article 27.3b review and hinder developing countries' efforts to expand patentability exceptions.
• The document asserts that the draft text calls for an 'examination' of CBD-related issues rather than 'negotiations,' which the authors argue is insufficient to achieve the necessary practical changes to the TRIPS Agreement.
• The authors criticize the proposed advisory role of the Committee on Trade and Environment (CTE), stating it lacks the authority to enact rule reforms and creates an excessively long procedural path for incorporating CBD principles into the WTO.
• The briefing notes that the Implementation Decision's text on 'immediate actions' completely omits biodiversity issues, and the 'future actions' list fails to establish mandatory mandates to amend WTO agreements to accommodate the CBD and the FAO's International Undertaking.

APA

VIVAS, D., & TUERK, E. (2001). TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/Comments_Trips_Biodiversity.pdf

Chicago

VIVAS, DAVID, and ELISABETH TUERK. TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO. Center for International Environmental Law, 2001. https://www.ciel.org/wp-content/uploads/2015/03/Comments_Trips_Biodiversity.pdf.

Wikipedia

{{cite report |last1=VIVAS |first1=DAVID |last2=TUERK |first2=ELISABETH |title=TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO |publisher=Center for International Environmental Law |date=1 November 2001 |url=https://www.ciel.org/wp-content/uploads/2015/03/Comments_Trips_Biodiversity.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{vivas2001treatment, author = {VIVAS, DAVID and TUERK, ELISABETH}, title = {{TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO}}, institution = {Center for International Environmental Law}, year = {2001}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2015/03/Comments_Trips_Biodiversity.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }