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Scientists for Global Responsibility (SGR) asserts that the US National Missile Defence (NMD) system is technically non-viable as a shield and possesses clear offensive potential. The statement argues that NMD violates the 1967 Outer Space Treaty and the 1972 Anti-Ballistic Missile treaty, potentially provoking a new arms race with countries like China. SGR contends that the system's true purpose is to ensure US dominance in space, including the ability to destroy satellites and terrestrial targets, while failing to protect against non-ballistic threats such as smuggled weapons.

The document argues that the U.S. Patent and Trademark Office (PTO) erred in reinstating Loren Miller's patent for 'Da Vine,' a variety of ayahuasca. It contends the PTO ignored evidence that the plant's flower color was not distinct from existing varieties, misapplied the legal standard for patentability by using an infringement test from the Imazio case, and violated procedural rules by allowing Miller to submit new evidence after a final rejection while denying similar opportunities to indigenous organizations. The author concludes that the decision reflects a systemic failure to protect the traditional knowledge and biological resources of indigenous peoples in the Amazon Basin.

The document argues that strong intellectual property rights over life-forms may hinder development in developing countries by creating barriers to investment, innovation, and competition. It asserts that Article 27.3(b) allows for flexible 'sui generis' systems for plant variety protection and highlights potential legal conflicts between the TRIPS Agreement and the Convention on Biological Diversity (CBD).

The Center for International Environmental Law asserts that the Bush energy plan would increase overall U.S. greenhouse gas emissions by 35% or more, and power plant emissions by up to 65%, thereby breaching the UN Climate Convention's requirement for industrialized nations to reduce emissions to 1990 levels.

The document analyzes the ambiguity of GATS Article I:3(b)(c), which excludes services supplied in the exercise of governmental authority if they are neither supplied on a commercial basis nor in competition. The author argues that while a broad interpretation of GATS coverage is legally possible under the Vienna Convention on the Law of Treaties, restrictive or effective interpretative principles could narrow this scope to protect national policy objectives. Because the WTO Secretariat and members lack a coherent consensus on these definitions, the paper suggests 'legislative' remedies, such as authoritative interpretations or amendments, to provide legal certainty for public services.

A joint statement from several environmental organizations providing recommendations to the U.S. Trade Representative to ensure that the proposed United States-Chile Free Trade Agreement (FTA) protects environmental standards, incorporates the precautionary principle, and avoids trade liberalization in sensitive sectors like forestry and mining.

A coalition of environmental NGOs urges the U.S. and Chile to ensure their Free Trade Agreement does not weaken environmental laws or stimulate damage in sensitive sectors like forestry and mining. They propose incorporating the Precautionary Principle, rejecting investor-state dispute settlement mechanisms similar to NAFTA, and establishing mandatory reporting for pollutant emissions by foreign investors.

The Center for International Environmental Law (CIEL) proposes a hybrid liability system for the Kyoto Protocol's emissions trading to bridge the gap between pure seller and buyer liability. The proposal centers on a 'commitment period reserve' based on projected emissions trajectories. Units surplus to this reserve are traded under seller liability, while those within the reserve are traded under a 'limited buyer liability' framework. This limited approach aims to prevent a 'domino effect' of non-compliance by restricting the invalidation of units only to those originating from Parties whose verified emissions exceed their gross adjusted assigned amount, thereby maintaining market liquidity and enhancing transparency.

The document analyzes the intersection of trade law and environmental management, arguing that while trade rules are not inherently inconsistent with environmental protection, they impose significant technical and capacity burdens on governments. It highlights a high risk that older environmental measures may fail trade law challenges due to retroactive application and a lack of original trade-law consideration. The author specifically warns that NAFTA Chapter 11 investment rules pose a more severe risk because they allow private corporations to initiate arbitration and have been interpreted expansively to include 'covert or incidental interference' as expropriation, potentially creating a chilling effect on new environmental legislation.

CIEL argues for a comprehensive, transparent, and independent compliance system for the Kyoto Protocol, consisting of facilitative, enforcement, and eligibility branches. The organization advocates for the creation of a dynamically priced Compliance Fund to address emissions overages instead of 'borrowing' tonnes, and emphasizes the necessity of civil society participation and a negative supermajority voting rule for the COP/MOP to ensure accountability.

The document examines the intersection of the proposed global agreement to eliminate persistent organic pollutants (POPs) and the rules of the World Trade Organization (WTO). It argues that trade-related measures are essential tools for achieving the Convention's goals, such as preventing the export of POPs to non-parties and encouraging broad participation. The authors contend that such measures, when developed multilaterally, are likely to be consistent with WTO rules under GATT Article XX environmental exceptions, which protect measures necessary for the protection of human, animal, or plant life and health. The brief specifically warns against a proposed "WTO supremacy clause" (Article N bis), arguing it would unnecessarily subordinate environmental mandates to trade rules and undermine the presumption that multilateral environmental agreements (MEAs) are WTO-consistent. It concludes that negotiators should explicitly include necessary trade measures and remove the supremacy clause to ensure the Convention's effectiveness.

The briefing paper examines the risks of including a WTO supremacy clause in the draft POPs Convention, specifically in article N bis. It argues that such a clause would subordinate environmental goals to trade rules, undermine existing WTO environmental exceptions, and inappropriately grant the WTO dispute settlement body final authority over environmental policy. The author contends that the POPs negotiations are the correct forum for balancing trade and environmental measures and that existing international treaty interpretation laws make a supremacy clause unnecessary.

The document argues that mandatory GMO labeling is consistent with WTO rules, specifically the Agreement on Technical Barriers to Trade (TBT), and provides a framework for activists to challenge the 'substantial equivalence' test used by GMO exporters.

The document argues that the Kyoto Protocol lacks a clear system for managing Annex I Parties that exceed their assigned emission amounts at the end of a commitment period. It proposes a Compliance Fund where Parties can pay a fee—based on mitigation costs plus a multiplier—to receive emissions credits that 'make the climate whole' by funding reliable GHG mitigation projects. This is presented as a superior alternative to 'borrowing' from future periods, which the authors claim merely shifts the burden to future generations. For willful non-compliance, the report suggests 'Compliance Assessments' (monetary penalties) that could be enforced through a 'Compliance Assessment Recognition Agreement,' allowing these assessments to be treated as arbitral awards enforceable in domestic courts.

The Center for International Environmental Law (CIEL), on behalf of COICA and the Amazon Coalition, is challenging Plant Patent No. 5,751 issued to Loren Miller for a variety of Banisteriopsis caapi called “Da Vine.” The challenge argues the patent is invalid because the plant's medicinal qualities were already known as “prior art” through indigenous use, its physical features are typical of the species, and it is found in an uncultivated state in the Amazon basin. Beyond this specific case, the authors argue that the U.S. patent system fails to recognize traditional knowledge systems and risks the appropriation of biological diversity without consent or compensation, urging the Patent and Trademark Office (PTO) to develop new principles to balance private rights with the public domain.

The document summarizes the case of Grand Mines (Pty) Ltd v Giddey, in which the Supreme Court of Appeal dismissed an appeal by Grand Mines. The court ruled that the obligation of Bercon Mines to rehabilitate an opencast site was not reciprocal to Grand Mines' obligation to pay for coal delivered, meaning Grand Mines could not withhold payment based on the failure to rehabilitate. The case also highlights the contractual outsourcing of environmental obligations and the lack of formal rehabilitation plans required by the Mines and Works Act of 1956.

The document analyzes the use of registries and databases to document traditional knowledge associated with biodiversity. It evaluates how existing intellectual property (IP) frameworks—including copyright, patents, trade secrets, and the European Union's sui generis database rights—interact with these registries. The authors highlight a fundamental tradeoff: public registries promote preservation and can prevent third-party patenting by establishing 'prior art,' but they also increase the risk of misappropriation due to the limited legal protection for traditional knowledge. Case studies from India (People's Biodiversity Registers and SRISTI's Honey Bee) and Canada (Inuit of Nunavik and Dene) illustrate different approaches to documentation and access control. The paper concludes that current international law is inadequate for protecting traditional knowledge and suggests a combination of national legislation, professional codes of practice, and international multistakeholder institutions to ensure equitable benefit-sharing.

The document examines how trademarks and geographical indications (GIs) can be used to reward sustainable production and protect traditional knowledge. Through case studies of kava, rooibos tea, quinoa, basmati rice, and neem, it assesses the viability of these legal tools in creating niche markets that benefit local custodians of biodiversity while preventing unauthorized commercial exploitation.

The document warns against adopting a deregulatory investment model for the FTAA, citing the destabilizing effects of short-term speculative capital flows seen in the Asian and Mexican financial crises. It argues that broad definitions of investment and 'national treatment' provisions in NAFTA and the MAI would prohibit essential capital controls and 'speed bumps' used by countries like Chile and Colombia to maintain economic stability. Furthermore, the text contends that such rules threaten environmental protection by allowing corporations to sue governments for 'regulatory expropriation' and by banning performance requirements that mandate technology transfer to developing nations. The authors recommend that any hemispheric agreement must preserve the right of states to regulate currency convertibility, mandate technology transfer, and utilize transparent dispute resolution mechanisms that include civil society participation.

The document examines the intersection of international environmental law and foreign direct investment (FDI), highlighting the tension between global capital flows and sustainable development. It analyzes emerging legal principles such as the precautionary principle and polluter pays principle, the impact of treaties like the Montreal Protocol and the Kyoto Protocol, and the role of international financial institutions in setting environmental benchmarks. The authors argue that while international investment agreements often lack enforceable environmental requirements, there is a growing trend toward greater corporate accountability through transnational litigation and the application of home-country laws to activities abroad.