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The Center for International Environmental Law identifies five primary problems with the Thomas fast track bill (HR 3005). First, it lacks protections for public interest laws against foreign investor suits claiming expropriation, using a vague standard "consistent with United States legal principles and practices". Second, it omits key environmental safeguards found in the Jordan Free Trade Agreement and NAFTA, such as prohibitions on lowering environmental standards to gain trade advantages and protections for Multilateral Environmental Agreements (MEAs). Third, the bill promotes "sound science" and cost-benefit analysis, which the authors claim can be used to attack environmental measures and contradict the "precautionary principle". Fourth, it lacks mandatory negotiating objectives to ensure environmental priorities are met. Finally, the bill is criticized for insufficient public oversight, specifically lacking Congressional certification before the signing of agreements and limited public access to negotiating texts.

The briefing argues that the draft WTO texts fail to adequately address developing country concerns, ignore the need to rebalance the TRIPS Agreement, and use vague language that may favor developed nations' interests over those of the South.

The report warns against the deregulation of investment within the Free Trade Area of the Americas (FTAA), specifically criticizing the adoption of models from NAFTA and the OECD's Multilateral Agreement on Investment (MAI). It argues that broad definitions of investment and restrictive rules on capital controls increase vulnerability to speculative 'hot money' and financial crises, as seen in Mexico and East Asia. Furthermore, it contends that such frameworks undermine environmental protection by allowing corporations to challenge public health and environmental regulations through secretive investor-state dispute settlement mechanisms and by prohibiting performance requirements like technology transfer.

The document outlines public interest concerns regarding the expansion of intellectual property rights, specifically the 1999 WTO review of Article 27.3(b) of the TRIPS Agreement. It argues against requiring WTO members to recognize patents on plants and animals, citing risks to biodiversity, indigenous rights, and market competition. The author contends that the current system favors industrialized nations and corporate interests, calling for a more democratic, socially managed approach to intellectual property that considers ethical and environmental impacts before further expanding patent requirements.

The document analyzes the 1997 South African Regulation of Foreign Military Assistance Bill, which aims to prevent citizens and companies from providing unauthorized military services abroad. The authors argue that the Bill's vague definitions of 'armed conflict' and 'foreign military assistance' could encompass non-combatant activities such as humanitarian aid, election monitoring, and academic research. They highlight concerns regarding the extensive discretionary power granted to the Minister of Defence and the lack of transparency in the authorization process. The paper proposes specific amendments to narrow the scope of the legislation, streamline the approval process, and protect bona fide NGOs and academic institutions from excessive penalties.

The author critiques the utilitarian (Millsian) approach to trade and environment, arguing that environmental imperatives—such as species preservation—are categorical duties that should not be balanced against economic gains. The paper proposes 'competitive sustainability,' a system where trade rules are redesigned to reward clean growth through mechanisms like environmental countervailing duties and expanded public participation in trade disputes.

The statement argues that NAFTA's current structure prioritizes corporate interests over the planet and calls for the removal of Investor-State Dispute Settlement (ISDS) provisions and the energy chapter to allow Canada to implement climate-friendly regulations and restrict fossil fuel exports.

The Clean Air Task Force (CATF) contends that the EPA's proposed MACT standards for coal-fired utility units violate the Clean Air Act (CAA) by using arbitrary subcategories based on coal rank and flawed statistical methods to inflate emission floors. CATF argues that the EPA has ignored available, cost-effective technologies—such as activated carbon injection and fabric filters—that could achieve significantly higher mercury removal rates. The document further asserts that the EPA is legally obligated to regulate all HAPs emitted by these units, not just mercury and nickel, and that proposed compliance extensions are unauthorized and unnecessary given available labor and equipment resources.

The report contends that CETA threatens the regulatory sovereignty of EU Member States regarding pesticides by promoting regulatory harmonization, requiring 'sufficient scientific evidence' over the precautionary principle, and introducing procedural burdens and financial risks through dispute resolution mechanisms.

The briefing examines the adverse effects of EFTA's intellectual property requirements in FTAs, highlighting how data exclusivity in the EFTA-Egypt FTA restricts access to affordable medicines and how requirements for UPOV 1991 accession threaten seed-sharing traditions and food security for poor farmers. It concludes that these TRIPS-Plus obligations overextend the policy capacity of developing nations without providing clear advantages to EFTA.

The document examines how the draft FTAA IPR Chapter imposes standards exceeding the WTO's TRIPS Agreement, potentially hindering public health, food security, and technological development in the Americas by restricting compulsory licensing and expanding patent scopes.

The research paper examines the impact of international intellectual property rights (IPR) standards on sustainable development, specifically focusing on the Draft Chapter on IPR within the Free Trade Area of the Americas (FTAA). It contends that while the WTO's TRIPS Agreement provides some flexibility, newer bilateral and regional agreements—including the FTAA—often implement 'TRIPS-plus' standards that exceed multilateral requirements. The author argues these stricter rules threaten public health, food security, and technological development in developing nations by restricting the use of compulsory licenses, extending patent terms, and limiting the ability of countries to define patentability for biological materials. Ultimately, the document asserts that the FTAA draft prioritizes the rights of knowledge producers over the public interest and sustainable development goals of the Americas.

The document highlights a conflict between the TRIPS Agreement and the Convention on Biological Diversity (CBD), noting that current intellectual property frameworks fail to recognize traditional knowledge. It discusses proposals by developing countries to require disclosure of origin and evidence of prior informed consent in patent filings. The brief emphasizes the limited participation of indigenous communities in WTO and WIPO processes and recommends amending international IP agreements to prevent patents on naturally occurring genetic resources while supporting national sui generis protection systems.

The document assesses the Protocol to the Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (LRTAP POPs Protocol) against the needs of global negotiations. It argues that while the Protocol is a useful first step, it is an inadequate model for a global treaty because it focuses on risk management and emission control rather than total elimination, lacks provisions for developing countries, and relies on a regional framework of developed nations.

A letter dated February 28, 2006, from several U.S. state Attorneys General to the House Committee on Energy & Commerce opposing specific provisions of HR 4591. The bill aims to implement the Stockholm Convention on Persistent Organic Pollutants (POPs Treaty), but the signees argue it contains overly broad preemption language and flawed EPA review procedures that would hinder state and federal environmental protections.

This research paper explores the conceptual evolution of 'international environmental law' toward a framework of 'global environmental law,' arguing that the traditional state-centric approach is insufficient for addressing planetary ecological crises. The author advocates for a shift toward 'global citizenship' and the recognition of the 'global citizen' as a subject of law to ensure the protection of the global commons and the sustainability of the biosphere.

The report critiques the Convention on Biological Diversity (CBD) and the TRIPS Agreement, arguing that they facilitate the commercial exploitation of biological resources by developed nations and corporations while undermining the sovereign rights and traditional knowledge of indigenous peoples and developing countries.

The document assesses the UK's proposed law to minimise deforestation linked to 'forest risk commodities', arguing that its reliance on 'relevant local laws' creates a loophole that would allow commodities from Brazil to enter the UK market even if they result from legalised deforestation. It details several Brazilian legislative proposals (such as PL 2633/2020 and PL 490/2007) that aim to legalise land grabbing and restrict Indigenous land rights. ClientEarth recommends that the UK adopt an objective standard covering all deforestation, mandate free, prior and informed consent (FPIC) for Indigenous Peoples, and explicitly include cattle, soy, and non-agricultural commodities like mining and oil and gas in the framework.

A group of NGOs argues that the European Commission's proposal to amend the Aarhus Regulation fails to meet international law standards for access to justice. The statement highlights that the current internal review mechanism is ineffective, with most NGO requests rejected as inadmissible. The signatories demand amendments to include 'implementing measures', State aid decisions, and cost protections for NGOs to ensure the delivery of the European Green Deal and compliance with the Aarhus Convention.

ClientEarth and the European Environmental Bureau are calling on EU Environment Ministers to support the Aarhus Convention Compliance Committee's finding that the EU lacks effective access to justice. They argue that the European Commission's proposal to reject these findings is legally weak, creates a double standard between EU institutions and Member States, and undermines the rule of law and environmental democracy in Europe and Central Asia.