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339 results
Commerce et Changement Climatique
This report, published by the Socialist Group in the European Parliament and featuring contributions from the Center for International Environmental Law and Friends of the Earth, examines the tensions and potential synergies between international trade policies and climate change mitigation. It argues that while the current trade regime often promotes unsustainable consumption and production, trade can be leveraged to support climate goals through the liberalization of environmental goods, the implementation of high energy-efficiency standards, and the alignment of WTO rules with international climate agreements.
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Document type: Report
CASO PUEBLO INDÍGENA CACATAIBO SOLICITUD DE MEDIDAS CAUTELARES URGENTES: SUSPENSIÓN EXPLORACIÓN DE HIDROCARBUROS
This document consists of a series of annexes supporting a request for urgent precautionary measures to suspend hydrocarbon exploration in the territories of the Cacataibo indigenous people. It provides extensive ethnographic evidence, including over 100 testimonies from 2002 to 2006, to prove the existence of Cacataibo groups living in voluntary isolation. The report details the physical characteristics, diet, and housing of these isolated groups, their historical conflicts with other ethnic groups and rubber tappers, and the environmental and health risks posed by seismic exploration in 'Lote 107'. It also outlines the legal status of Cacataibo communal lands and the chronological process of requesting territorial reserves for the isolated populations.
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Document type: Report
State of Play in Sustainable Public Procurement
This report by the International Institute for Sustainable Development (IISD) and The Energy and Resources Institute (TERI) examines the global state of Sustainable Public Procurement (SPP). It analyzes legal frameworks, national and international programs, and the specific challenges faced by emerging and developing economies in integrating environmental, social, and economic criteria into public purchasing.
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Document type: Report
SA Crime Quarterly
This issue of SA Crime Quarterly examines public perceptions of crime in South Africa, the role of the private security industry, the impact of sentencing policies on prison populations, and the legal implications of compulsory HIV testing for alleged sexual offenders.
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Document type: Report
WTO DISPUTE SETTLEMENT: CURRENT ISSUES THE GMOS DISPUTE Interpreting WTO Law and the Relevance of Multilateral Environmental Agreements in EC-Biotech
This briefing by the Center for International Environmental Law (CIEL) analyzes the 2006 WTO panel reports in the EC-Biotech dispute, specifically focusing on the panel's refusal to integrate Multilateral Environmental Agreements (MEAs) into the interpretation of WTO law. The author argues that the panel's narrow interpretation of the Vienna Convention on the Law of Treaties deviates from previous Appellate Body jurisprudence, such as the US-Shrimp case, and undermines the principle of 'mutual supportiveness' between trade and environmental policies.
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Document type: Briefing
LEGAL ANALYSIS OF THE GEF RESOURCE ALLOCATION FRAMEWORK
This report by the Center for International Environmental Law (CIEL) provides a legal analysis of the Global Environment Facility's (GEF) Resource Allocation Framework (RAF). The RAF uses a GEF Benefits Index (GBI) and a GEF Performance Index (GPI) to determine funding allocations for recipient countries. The study evaluates whether this framework is consistent with the GEF Instrument and the guidance provided by the Conferences of the Parties (COPs) of the conventions the GEF serves, specifically the UNFCCC and the CBD.
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Document type: Report
INTERNATIONAL FINANCIAL INSTITUTIONS & HUMAN RIGHTS LAW
This legal analysis by the Center for International Environmental Law (CIEL), presented to the Inter-American Commission of Human Rights on March 1, 2007, examines the international legal personality of International Financial Institutions (IFIs) and their responsibilities regarding human rights law. The document argues that IFIs are subjects of international law and cannot escape human rights obligations, despite a historical reluctance to recognize civil and political rights and the inadequacy of their internal accountability mechanisms.
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Document type: Briefing
Trade and Climate Change Linkages
This scoping paper, produced for the Trade Ministers’ Dialogue on Climate Change Issues in 2007, examines the multifaceted linkages between trade, investment, and climate change. It analyzes how trade policies influence greenhouse gas emissions, the legal interactions between WTO and UNFCCC frameworks, the physical risks climate change poses to trade infrastructure, and the competitiveness implications of climate regulations.
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Document type: Briefing
Situating the “Facilitative Mechanism” within the Current WTO Framework
This briefing by the Center for International Environmental Law analyzes proposals from the European Communities (EC) and the NAMA-11 group to establish a 'facilitative mechanism' for resolving non-tariff measures (NTMs) within the WTO. The author argues that such a mechanism would move the WTO away from its rules-based dispute settlement system toward a confidential, non-binding process focused solely on trade impacts, potentially undermining environmental and public health regulations and leaving developing countries vulnerable to power politics.
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Document type: Briefing
A Mixed Reception: Mozambican and Congolese Refugees in South Africa
This research paper examines the experiences of Mozambican refugees who fled the civil war (1979–1992) and settled in South Africa, primarily in the former homelands of Gazankulu and KaNgwane. It analyzes the complex interplay of ethnic solidarity, systemic exploitation in the labor market, and the failure of repatriation and regularization programs to fully integrate these populations into South African society.
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Document type: Research paper
Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement
This policy brief analyzes the principle of Prior Informed Consent (PIC) within the context of the Convention on Biological Diversity (CBD) and the TRIPS Agreement. It argues that mandatory international disclosure requirements for PIC in patent applications are necessary to prevent the misappropriation of genetic resources and traditional knowledge, ensuring a more equitable intellectual property system.
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Document type: Policy brief
USING INTERNATIONAL LAW AND INSTITUTIONS TO PROTECT CHILDREN’S ENVIRONMENTAL HEALTH
This guide, published by the Center for International Environmental Law and Physicians for Social Responsibility, provides a comprehensive framework for using international law and institutions to protect children's environmental health. It details how human rights, labor, environmental, and health treaties can be leveraged to hold governments accountable, build capacity, and resolve disputes regarding the disproportionate vulnerability of children to environmental toxins and degradation.
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Document type: Guide
ECO-LABELING STANDARDS, GREEN PROCUREMENT AND THE WTO: SIGNIFICANCE FOR WORLD BANK BORROWERS
This report analyzes the compatibility of eco-labeling standards and green procurement policies with World Trade Organization (WTO) rules, specifically for World Bank borrowers. It concludes that WTO rules generally do not present significant legal barriers to 'greening' project procurement, primarily because government procurement is largely excluded from the main WTO agreements for goods and services. However, the report highlights significant concerns from developing countries regarding the costs, technical burdens, and potential market access restrictions associated with eco-labels, particularly those based on non-product-related process and production methods (npr PPMs).
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Document type: Report
AN INUIT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
This research paper, presented at the 10th Conference of the Parties to the Framework Convention on Climate Change in 2004, proposes a petition to the Inter-American Commission on Human Rights (IACHR) against the United States. The authors argue that the U.S., as the world's largest emitter of greenhouse gases, has violated the human rights of the Inuit and other Arctic indigenous peoples by failing to curtail emissions, leading to the destruction of homes, loss of vital resources, and the potential erasure of ancient Inuit culture.
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Document type: Research paper
Money laundering in Southern Africa
This research paper by the Institute for Security Studies examines the incidence, magnitude, and control of money laundering in Southern Africa. It analyzes predicate crimes—primarily drug trafficking and corruption—the role of informal remittance systems, and the legislative and institutional challenges facing the Southern African Development Community (SADC) region in implementing anti-money laundering frameworks.
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Document type: Research paper
Notes and Questions from July 13, 2004 Hearing on POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions
This document consists of responses from Glenn Wiser of the Center for International Environmental Law to questions posed by Chairman Paul E. Gillmor of the Subcommittee on Environment and Hazardous Materials. The responses focus on the legal and regulatory framework required for the United States to implement the Stockholm Convention on Persistent Organic Pollutants (POPs), specifically addressing the separation of powers between the Executive and Legislative branches, the nature of treaty control measures, and the potential pitfalls of including cost-benefit balancing or 'sound science' language in implementing legislation.
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Document type: Statement
Indigenous Peoples, Energy, and Environmental Justice: The Pangue/Ralco Hydroelectric Project in Chile’s Alto BíoBío
This research paper by the Center for International Environmental Law chronicles the decade-long struggle of the Mapuche/Pehuenche people against the Pangue and Ralco hydroelectric projects in Chile's Alto BíoBío region. It details the environmental and cultural destruction caused by the dams, the failure of the International Finance Corporation (IFC) to oversee social and environmental standards, and the legal battles fought in Chilean and international courts, culminating in a 2003 friendly settlement mediated by the Inter-American Human Rights Commission (IACHR).
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Document type: Research paper
TOUGH CHOICES
This research paper examines the challenges faced by lower court magistrates in South Africa when applying the Domestic Violence Act (DVA), specifically regarding protection orders. It highlights significant inconsistencies in judicial interpretation concerning the removal of abusers from shared homes, the granting of emergency monetary relief, and the regulation of contact between respondents and children.
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Document type: Research paper
Multi-stakeholder Collaboration for a Sustainable Coffee Sector
This research paper analyzes the tension between multi-stakeholder collaborations aimed at creating sustainability standards for the coffee sector and the constraints of U.S. anti-trust law. It examines how efforts to address market failures—particularly regarding pricing and producer welfare—can be interpreted as illegal restraints of trade under the Sherman Act, and proposes procedural safeguards and intergovernmental involvement to mitigate these legal risks.
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Document type: Research paper
Analysis of Department of Justice Letter Regarding the Constitutionality of Mandatory Notice and Comment Provisions Proposed in Implementing Legislation for the Stockholm Convention on Persistent Organic Pollutants (POPs)
This memorandum by the Center for International Environmental Law (CIEL) critiques a March 25, 2004, Department of Justice (DOJ) letter which argued that mandatory notice and comment provisions in proposed implementing legislation for the Stockholm Convention on Persistent Organic Pollutants (POPs) would unconstitutionally infringe upon the President's treaty-making powers.
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Document type: Briefing