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Domestic Import Regulations for Genetically Modifi ed Organisms and their Compatibility with WTO Rules
The report examines the global landscape of GMO import regulations, noting a concentration of commercial acreage in the US, Argentina, Canada, and China, while many developing nations face regulatory blockages. It details the stringent regimes in the EU and Australia/New Zealand, the more flexible approach in the US, and varying levels of adoption and restriction in Asia, Latin America, and Africa. The document further analyzes potential conflicts between these national regulations—specifically regarding traceability, labelling, and the precautionary principle—and WTO agreements such as the SPS, TBT, and GATT, as well as the influence of the Cartagena Protocol on Biosafety.
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Document type: Executive summary
Las Relaciones Entre el Comercio y el Desarrollo Sostenible en la Agricultura de Centroamérica
The document analyzes the intersection of trade, agriculture, and sustainable development in Central America. It highlights a growing trade deficit driven by commercial openness and a reliance on low-value generic exports. Environmentally, the region faces significant water and air pollution due to the intensification of agrochemicals and livestock production. The report argues that while Central American countries have significant room under WTO rules to implement 'Green Box' support measures for sustainable agriculture, they currently lack the fiscal resources and institutional coordination to do so effectively.
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Document type: Executive summary
Domestic Import Regulations for Genetically Modified Organisms and their Compatibility with WTO Rules
The report examines GMO import regulations in the EU, USA, Australia, New Zealand, Asia, Latin America, and Africa, comparing them against WTO agreements. It highlights the tension between the EU's stringent traceability and labelling requirements and the more permissive approach of the US, while analyzing how the 'precautionary principle' and 'substantial equivalence' impact trade disputes.
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Document type: Report
An Analysis and Review of Subsidies in Southern Africa
The report examines subsidies within the Southern African Customs Union (SACU), focusing on South Africa's manufacturing, agriculture, and energy sectors. It finds that most domestic incentives are WTO-compliant, though the Duty Credit Certification Scheme for textiles is an exception. The agricultural sector has seen significant deregulation since the 1980s, resulting in low Producer Support Estimates (PSE) for most commodities. However, the region remains vulnerable to foreign subsidies, particularly the EU's Common Agricultural Policy (CAP) and the U.S. Farm Bill, which distort markets for sugar and beef. In the energy sector, South Africa's heavy reliance on coal creates high carbon intensity and a lack of incentives for renewable energy due to low coal prices.
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Document type: Report
To Liberalise or Not to Liberalise?
The report argues that while South Africa has undergone significant trade liberalisation since 1994, further openness is necessary to enhance global competitiveness, provided it is co-operatively managed to maintain social stability. It examines the shift from import-substitution to a multi-faceted industrial strategy, the impact of tariff reforms, and South Africa's engagement with the WTO and regional partners like the EU and SADC.
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Document type: Report
The Adoption of Transgenic Crops in Argentine Agriculture
The document analyzes the rapid expansion of transgenic crops in Argentina, particularly the glyphosate-tolerant (RR) soybean, which grew from less than 1% of soybean area in 1996-1997 to over 90% by 2000-2001. This growth is attributed to a combination of macroeconomic reforms, the adoption of no-till farming, and specific institutional factors that lowered seed costs and prevented patent enforcement. While RR soybeans created a "win-win" scenario of increased production and employment, other transgenic crops like Bt corn and Bt cotton saw limited adoption due to higher costs and technology fees. The report highlights a significant illegal seed market and argues for stronger national biotechnological research and regulatory oversight via CONABIA to ensure future competitiveness and biosafety.
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Document type: Executive summary
International Human Rights in Bilateral Investment Treaties and in Investment Treaty Arbitration
The document examines the tension between the protections granted to foreign investors under Bilateral Investment Treaties (BITs) and the human rights obligations of host states. It highlights a surge in investor-state disputes, particularly in the water and sewage sectors in Latin America, where the 'right to water' may serve as a legal defense for state regulation. The paper argues that current BITs are largely silent on human rights and lack transparency, which may lead to 'regulatory chill' or the prioritization of investor rights over public interest. It suggests reforms, including the inclusion of minimum human rights responsibilities for investors and the potential use of human rights courts to resolve investment disputes.
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Document type: Research paper
NAFTA’s Chapter 11 and the Environment
The document argues that NAFTA's Chapter 11 provisions are interpreted too broadly, potentially creating a 'regulatory chill' where governments avoid public welfare regulations to avoid compensating foreign investors. It highlights a lack of transparency and accountability in the investor-state dispute mechanism, which follows a commercial arbitration model rather than a public justice model. The author examines three reform options—interpretive statements, environment, health, and safety (EH&S) exceptions, and full amendment—concluding that only a comprehensive amendment can fully address both substantive and process-related shortcomings.
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Document type: Research paper
GATS and Water
The document analyzes the legal tensions between GATS trade liberalization and the regulation of water services, which are often natural monopolies. It examines how different WTO Members use 'specific commitments' to carve out public utilities and preserve the ability to impose universal service obligations and subsidies. The authors argue that the ambiguity of GATS terms and the political pressure on developing countries may lead to a loss of regulatory autonomy over essential water services.
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Document type: Research paper
Developments Since the Fourth WTO Ministerial Conference Doha Mandates
The document reviews the status of 'implementation issues' following the Doha Ministerial Declaration, noting a fundamental disagreement over whether these issues are subject to negotiation or mere discussion. It details a pattern of missed deadlines and a lack of consensus across several key areas, including textiles, anti-dumping measures, and subsidies, where developing countries seek to rectify perceived imbalances from the Uruguay Round without making further trade-offs.
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Document type: Briefing
Labelling for Environmental Purposes
The paper examines the conflict between environmental labelling (eco-labels) and WTO trade rules, specifically the Agreement on Technical Barriers to Trade (TBT). It identifies structural hurdles, such as the lack of negotiating authority in the Committee on Trade and Environment (CTE), and substantive disputes over 'non-product-related process and production methods' (nprPPMs) and the definition of 'like products'. The author argues that while some issues are politically irresolvable, progress could be made on transparency, technical assistance for developing countries, and the role of private standards bodies.
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Document type: Research paper
Implementing Environmental, Health and Safety (EH&S) Standards, and Technical Regulations
The document analyzes how the 'quality institutions'—rule making, conformity assessment, and accreditation—function as barriers to trade for developing countries. It argues that without robust national infrastructure, companies in these countries cannot identify requirements or credibly demonstrate compliance with EH&S standards, particularly those required for OECD markets. The author highlights systemic failures in transparency, technical capacity, and the lack of mutual recognition for certifications, urging developed nations to fulfill technical assistance obligations under the WTO TBT Agreement.
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Document type: Research paper
Career choice, ethics and animal experimentation
The document explores the moral status of animals, the influence of behaviourism on scientific attitudes, and the tension between commercial interests and animal welfare. It highlights a historical decline in animal testing in the US and Europe, while warning that genetic engineering and commercial 'bioreactors' could reverse this trend. Finally, it provides guidance for scientists to pursue careers in non-animal research, refinement of procedures, or animal welfare.
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Document type: Briefing
ONE SPECIES, ONE PLANET
The report examines the symbiotic relationship between sustainable development and environmental justice, asserting that the former cannot be attained without the latter. It identifies three key legal nexuses: the right to a healthy environment, community-based property rights (CBPRs), and procedural rights to participation. The text highlights systemic failures where vulnerable populations, particularly in the Global South and minority communities in the US, bear disproportionate environmental burdens. It recommends shifting from market-based to rights-based approaches, strengthening corporate accountability, and ensuring the meaningful participation of indigenous and local communities in decision-making processes.
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Document type: Report
Kyoto Protocol Packs Powerful Compliance Punch
The Kyoto Protocol establishes a compliance system for Annex I nations that is more robust than typical multilateral environmental agreements, featuring a two-branch Compliance Committee. While the legal binding nature of consequences remains a point of contention among some nations, the system includes specific penalties for exceeding emissions targets, such as a 1.3-ton deduction for every excess ton in the next period and restrictions on emissions trading. The system relies on Article 8 expert review teams to monitor reporting and a quasi-judicial enforcement branch to determine noncompliance.
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Document type: Report
REVIEW OF THE DECISION ON JURISDICTION OF THE METHANEX TRIBUNAL, AUGUST 5, 2002
On August 5, 2002, a NAFTA Chapter 11 tribunal issued an interim ruling in the Methanex vs. United States case, determining that it lacked jurisdiction over the original claims because there was no "legally significant connection" between California's MTBE ban and Methanex, which only supplied a component (methanol) for the regulated product. The tribunal rejected the notion that indirect economic impacts are sufficient to establish jurisdiction under Article 1101. However, it left open a narrow path for jurisdiction if Methanex can prove a specific "intent" to discriminate against the company in favor of a domestic competitor. The author notes that while the ruling does not exempt public welfare measures from challenge, it limits the range of potential claimants by excluding those only indirectly affected.
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Document type: Research paper
The New Business Climate
The document argues that proactive action on climate change can reduce costs, mitigate risks, and create competitive advantages. It outlines short-term strategies like emission tracking and 'no-regrets' energy efficiency, and long-term investments in clean technology and carbon trading. It emphasizes 'whole-systems thinking' to achieve radical resource efficiency and provides case studies of companies like BP, Dow, and Interface that have integrated sustainability into their business models.
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Document type: Guide
Proceedings of a Workshop on Biosafety Capacity Building in Eastern and Southern Africa
The proceedings detail the challenges faced by Eastern and Southern African nations in establishing biosafety regulatory frameworks. It emphasizes the critical gaps in human resources, laboratory infrastructure, and public awareness across knowledge-generating institutions, government bodies, and civil society. The report argues for a regional, resource-sharing approach to risk assessment and data validation to overcome the financial and technical limitations of individual countries.
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Document type: Report
WWF-CIEL Discussion Paper
The paper examines the intersection of MEAs and the WTO, highlighting conflicts regarding trade measures, the precautionary principle, and intellectual property rights. It argues that the current lack of legal certainty inhibits the implementation of environmental agreements and proposes legal clarifications, sustainability assessments, and enhanced inter-institutional cooperation to align trade and environmental governance.
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Document type: Research paper
REVIEW OF ARTICLE 27.3(B)
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).
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Document type: Research paper