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The document examines the challenges of governing the Internet, specifically the lack of legitimacy and accountability in bodies like ICANN and the W3C. It argues that traditional international legal instruments, such as framework conventions, are too slow and centralized for the Internet's dynamic nature. Instead, it proposes adopting Global Administrative Law (GAL), a decentralized approach that emphasizes transparency, procedural participation, and reasoned decision-making. The author illustrates the potential of GAL by analyzing the anti-doping regime of the Olympic movement and the decentralized decision-making processes of the OECD.

The document examines the application of the WTO Agreement on Technical Barriers to Trade (TBT) to non-product related Process and Production Method (npr PPM) standards, such as social and environmental standards. It argues that if npr PPM standards fall outside the TBT scope, governments are generally free to adopt them, subject to GATT non-discrimination rules. If they fall within the TBT scope, the agreement encourages the use of relevant international standards as a basis for national regulations, providing a rebuttable presumption that such regulations do not create unnecessary obstacles to trade.

The document examines the conflict between trade rules and environmental protections in the Brazil-Retreaded Tires case, focusing on the risk of developed nations exporting waste problems to developing countries.

The WTO Panel found that the EC's de facto moratorium on biotech approvals and several product-specific delays violated procedural requirements of the SPS Agreement by causing "undue delay." Additionally, safeguard measures adopted by EC Member States (including France, Germany, Italy, and Greece) were found inconsistent with the SPS Agreement because they were not based on a risk assessment. However, the Panel ruled that the general moratorium itself was a procedural decision rather than a substantive SPS measure, meaning it was not subject to the science-based risk assessment requirements of Article 5.1. The Panel also rejected the EC's argument that the Convention on Biological Diversity and the Cartagena Protocol on Biosafety should be used to interpret WTO rules, as not all parties to the dispute were parties to those treaties.

The Bareki v Gencor case is a significant South African legal precedent regarding environmental liability. The court initially ruled that section 28 of the National Environmental Management Act (NEMA) did not apply retrospectively to pollution occurring before 1999, citing a common law presumption against retrospectivity and the 'strict' or 'absolute' nature of the liability. However, the document notes that Act 14 of 2009 subsequently amended NEMA to explicitly include retrospective application for significant pollution. The case also addressed the continuity of rehabilitation duties from repealed mining laws, with the court dismissing 'continuity by content' arguments but allowing some claims based on the Interpretation Act of 1957. The plaintiffs sought R64 million for asbestos pollution at the Bute mine caused by Gefco and Gencor between 1976 and 1981.

The document examines the conflict between global intellectual property (IP) regimes and the Convention on Biological Diversity (CBD), focusing on 'biopiracy'—the misappropriation of genetic resources and traditional knowledge. It argues that requiring patent applicants to disclose the source of biological materials and provide evidence of prior informed consent (PIC) and benefit-sharing would create synergies between trade and biodiversity goals. While some experts suggest national or voluntary measures, others advocate for mandatory amendments to the TRIPS Agreement to ensure a level playing field. The report highlights specific cases of misappropriation in Peru and discusses various legal mechanisms, such as certificates of origin, to improve traceability and fairness in the patent system.

The document details the implementation and legal battles over the Mercury and Air Toxics Standards (MATS), which aim to reduce toxic air emissions from power plants. It highlights the significant public health benefits of the standards, including the prevention of thousands of premature deaths and heart attacks, and the reduction of mercury emissions by 75%. The text tracks the legal trajectory from the 2012 release of MATS through a 2015 U.S. Supreme Court remand and a subsequent 2015 U.S. Court of Appeals decision that upheld the standards against industry challenges.

Nigeria is identified as the world's largest gas flarer, wasting approximately 2.5 billion cubic feet of associated gas daily, which results in an annual economic loss of US $2.5 billion. The report asserts that flaring has been generally illegal since 1984 under the Associated Gas Reinjection Act, yet continues through a lack of transparency regarding ministerial certificates. Environmental impacts include the emission of roughly 70 million metric tons of CO2 annually and the creation of acid rain that corrodes infrastructure. Health risks for local communities, specifically in Bayelsa State, include increased rates of premature death, child respiratory illnesses, asthma, and cancer due to exposure to particulate matter and benzene. The report criticizes the 'double standards' of the British colonial legacy and the failure of projects like Bonny LNG and the West African Gas Pipeline to prioritize the use of associated gas over non-associated gas.

The policy brief examines the evolution and application of prior informed consent (PIC) in the context of genetic resources, highlighting the rights of States and indigenous communities. It argues that the intellectual property system, specifically through the TRIPS Agreement, should require evidence of PIC during patent applications to prevent the misappropriation of biological wealth and ensure the fair sharing of benefits.

The document provides a comprehensive framework for using international human rights, labor, environmental, and health laws to safeguard children's health. It details specific treaties, such as the Convention on the Rights of the Child and the Stockholm Convention, and explains the roles of global institutions like the WHO and UNEP. The guide outlines six primary functions of international law: providing blueprints for action, resolving disputes, promoting compliance, providing fora for discussion, building capacity, and promoting cooperation. It also includes case studies on housing rights in the Philippines and the Yacyretá Hydroelectric Project to demonstrate practical application of these legal tools.

The report concludes that WTO rules generally do not prevent World Bank borrowers from using eco-labels in government procurement due to specific 'carve-outs' in major agreements. However, it highlights significant concerns from developing countries regarding the costs and technical burdens of compliance, recommending that the World Bank provide financial and capacity-building support to mitigate these barriers.

The authors propose using the Inter-American Commission on Human Rights (IACHR) to hold the United States accountable for climate change impacts on the Inuit. They argue that U.S. emissions, representing approximately 25% of global totals, have caused sea ice retreat and permafrost thaw, threatening Inuit culture and violating rights such as the right to life, health, and property. While the IACHR cannot mandate emission cuts or compensation, a formal finding of human rights violations would provide moral and political leverage and support future litigation.

The document argues that for the United States to comply with the Stockholm Convention on Persistent Organic Pollutants (POPs), Congress must provide the EPA with clear statutory authority to eliminate listed chemicals without being constrained by de novo cost-benefit balancing or 'sound science' provisions that could be used to delay regulation. It emphasizes that the Convention's primary standard for Annex A chemicals is elimination, and that existing authority under TSCA § 6(a) is insufficient to ban industrial chemicals following the Corrosion Proof Fittings case. The author contends that the Executive Branch's decision to 'opt in' to new listings is a foreign affairs power, but this power is practically dependent on Congress providing the necessary implementing authority to the EPA.

The document analyzes the intersection of international economic law and water management, arguing that trade and investment agreements often prioritize foreign corporate rights over public welfare and environmental sustainability. It highlights the 'tripwire' risk where the commercialization of water may compel states to export freshwater and discusses how investor-state dispute settlement (ISDS) allows corporations to challenge domestic regulations that affect profitability. The author emphasizes the need for developing countries to establish robust domestic regulatory frameworks before privatizing water services to avoid 'locking in' weak governance through international legal obligations.

The Pangue/Ralco hydroelectric projects in Chile's Alto BíoBío caused severe disruptions to the Mapuche/Pehuenche people's semi-nomadic lifestyle and cultural ecosystem. The project sponsor, Endesa, and the Chilean government are accused of violating indigenous land rights and environmental laws, while the IFC faced criticism for failing to oversee social and environmental standards. After a decade of struggle and legal battles in Chilean courts and before the Inter-American Human Rights Commission (IACHR), a 'friendly settlement' was reached in 2003, providing reparations to affected families and commitments from the Chilean government to strengthen indigenous rights and environmental protections in the region.

The document provides testimony from the Center for International Environmental Law (CIEL) and partner organizations criticizing a draft bill for implementing international chemical conventions. The authors argue the draft decouples international and domestic processes, imposes restrictive cost-benefit standards, and introduces 'sound science' requirements that could hinder the EPA's ability to regulate hazardous chemicals. It also refutes Bush Administration claims that mandatory implementation of international listing decisions would violate the U.S. Constitution.

The document examines how U.S. anti-trust laws, specifically the Sherman Act, may conflict with multi-stakeholder efforts to implement sustainability standards in the coffee sector. It highlights that while self-regulation is often judged under the 'rule of reason,' any collaborative efforts to influence pricing are likely to be viewed as 'per se' illegal. To mitigate these risks, the author recommends ensuring high levels of inclusivity, transparency, and neutrality in the standard-setting process and suggests that the International Coffee Organization (ICO) could serve as a protective intergovernmental framework for addressing pricing issues.

The Center for International Environmental Law (CIEL) argues that the U.S.-Morocco Free Trade Agreement's investment chapter grants foreign investors excessive rights that exceed those of domestic U.S. investors, violating the Trade Act of 2002. CIEL highlights the risks of the investor-state dispute mechanism, the lack of a general environmental exception, and the use of subjective standards like 'fair and equitable treatment' which could undermine public interest regulations and democratic governance.

A coalition of eighteen environmental organizations argues that the Bush Administration's proposed FIFRA amendments fail to effectively implement the Stockholm Convention on Persistent Organic Pollutants (POPs). The groups claim the proposal denies the EPA effective authority to ban additional POPs pesticides, introduces burdensome cost-benefit requirements that contradict the treaty's precautionary principle, and attempts to limit Congressional regulatory power through an unfounded constitutional interpretation. They recommend that implementing legislation adopt a health-based standard of "reasonable certainty of no harm," use international ban decisions as the default for domestic regulation, and ensure the U.S. regulatory process parallels the international decision-making process.

The Center for International Environmental Law (CIEL) argues that the Bush Administration's claims regarding the unconstitutionality of notice and comment provisions in S. 1486 have no basis in U.S. law. The DOJ asserted that requiring the Executive Branch to consult with stakeholders during international negotiations violates the separation of powers. CIEL counters that such provisions do not dictate negotiation outcomes and that Congress has the authority to regulate the domestic acquisition of information. Furthermore, CIEL rejects the 'international nondelegation doctrine' invoked by the Administration, noting that U.S. law frequently contains contingent delegations based on international decisions, such as in the Clean Air Act and the Chemical Weapons Convention Implementation Act.