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Concretando las Promesas de París: Combatir el Cambio Climático Protegiendo Derechos
The document emphasizes that the Paris Agreement's success depends on a rights-based implementation framework. It identifies key principles from the Agreement's preamble—including indigenous rights, gender equality, food security, and a just transition—and provides specific recommendations for incorporating these into Nationally Determined Contributions (NDCs), Adaptation Communications, the Transparency Framework, and the Global Stocktake.
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Document type: Policy brief
Delivering on the Paris Promises: Combating Climate Change while Protecting Rights
The document advocates for a rights-based approach to the implementation of the Paris Agreement, specifically through the 'Paris Rule Book'. It emphasizes that climate actions must respect existing international obligations regarding human rights, indigenous peoples' rights, gender equality, food security, just transition, and ecosystem integrity. The briefing provides specific recommendations for integrating these principles into Nationally Determined Contributions (NDCs), Adaptation Communications, the Transparency Framework, and the Global Stocktake to ensure policy coherence and protect vulnerable populations from potential rights abuses caused by climate mitigation and adaptation projects.
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Document type: Briefing
ESCRITO DE AMICUS CURIAE
The Center for International Environmental Law (CIEL) submits this brief to the Inter-American Commission on Human Rights (IACHR) regarding Case 12.696. It contends that Chile's Agricultural and Livestock Service (SAG) provided incomplete and ambiguous information about GMO crops, failing to disclose specific planting locations and the identities of companies involved. The document argues that scientific uncertainty regarding GMO risks to human health and biodiversity necessitates a transparent regulatory framework and public participation. It supports its claims by citing international instruments like the Cartagena Protocol on Biosafety and the Aarhus Convention, as well as jurisprudence from the Inter-American Court of Human Rights, the European Court of Human Rights, and the European Court of Justice, all of which emphasize the public's right to environmental information.
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Document type: Legal commentary
Frictions Between International Trade Agreements and Environmental Protections
The document analyzes how the core principles of the GATT—such as most-favored-nation and national treatment—often conflict with environmental measures, particularly those targeting production process methods (PPMs) or resources in the global commons. It examines specific frictions within the Montreal Protocol, CITES, and the Basel Convention, as well as U.S. laws like the Marine Mammal Protection Act. The authors argue that trade and environmental policies must be reconciled under the overarching goal of sustainable development, suggesting options such as reinterpreting 'like products' to include lifecycles, increasing transparency in dispute resolution, and utilizing market-based cost internalization.
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Document type: Research paper
gatt_tunadolphin_1991-93395bb6b874c2d3.pdf
This research paper analyzes a 1991 General Agreements on Tariffs and Trade (GATT) dispute resolution panel decision regarding a U.S. embargo on Mexican tuna. The panel found that the U.S. Marine Mammal Protection Act (MMPA) violated GATT by imposing quantitative restrictions on imports. The authors examine the legal conflict between international trade rules and environmental protections, arguing that the decision limits the ability of nations to enforce environmental standards on imported products unless those standards affect the physical makeup of the product or its sale.
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Document type: Research paper
gef_fundorfolly_1993-6e93a33e034c9216.pdf
The Global Environmental Facility (GEF) was established in 1990 as a three-year pilot program to address global warming, ozone depletion, biodiversity loss, and international water pollution. Operated by the World Bank, UNDP, and UNEP, the GEF provides grant or concessional funding for projects that offer global environmental benefits but lack economic viability without assistance. However, the facility faces significant criticism from NGOs and developing countries regarding its lack of transparency, restricted membership—due to a SDR $4 million contribution requirement—and the potential for 'greenwashing' World Bank projects. As the pilot phase ends in 1993, there are calls for restructuring to ensure universal membership and greater accountability to the climate change and biodiversity conventions.
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Document type: Research paper
guialegaldebiocomercio-ca9f2237bed76d1d.pdf
The guide provides a comprehensive analysis of the legal frameworks governing the trade of tangible and intangible biodiversity assets in the Andean Region. It examines the Convention on Biological Diversity (CBD) and Andean Community (CAN) Decision 391 regarding genetic resources, the CITES convention for endangered species, and WTO agreements (Agriculture, SPS, TBT, and GATS) for agricultural and intermediate products. It also addresses the protection of traditional knowledge, intellectual property rights, and the opportunities for Andean countries to participate in the Clean Development Mechanism (CDM) under the Kyoto Protocol to mitigate climate change.
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Document type: Guide
invasive-296da7083d469fbc.pdf
The document proposes using user fees to fund an international capacity-building fund for developing countries and a no-fault insurance fund for states injured by invasive alien species. It highlights the severe economic and biodiversity impacts of invasive species, citing costs such as US$373 million annually for rabbit control in Australia and US$3.1-5.0 billion in damages to US and European industrial plants from aquatic invasives between 1988 and 2000. The text urges the 2002 World Summit on Sustainable Development to move the international community from planning to implementation of the goals set by the Convention on Biological Diversity.
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Document type: Policy brief
A Rights-Based Approach to Land Use in a Future Climate Agreement
The document advocates for a land-use framework in the post-2020 climate agreement based on four principles: rights, ambition, equity, and biodiversity. It warns that treating terrestrial carbon sequestration as fungible with fossil fuel emissions undermines climate ambition and risks human rights violations. The authors recommend separate targets for industrial and land-based emissions, the protection of tenure rights for indigenous peoples and local communities, and a per capita allocation of agricultural emissions to ensure global food security.
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Document type: Policy brief
lowest common denominator
The report examines the CropLife-ECPA proposal for regulatory convergence under TTIP, asserting that the pesticide industry is attempting to use trade negotiations to compel the European Union to abandon its precautionary, hazard-based approach to pesticide regulation in favor of the less stringent risk-assessment model used in the United States. The author argues that this would lead to higher pesticide residues on food, the continued use of endocrine disruptors, and the failure to protect bee populations. Furthermore, the report claims the proposal would restrict public access to safety data and usurp the regulatory authority of US states and EU Member States to implement stronger local protections.
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Document type: Report
Conozca sus Derechos Frente a REDD+
The document serves as a practical guide for indigenous and local community leaders to navigate the human rights implications of REDD+ initiatives. It explains the mechanism's goals, the seven UNFCCC safeguards, and the specific collective rights—such as self-determination, land tenure, and Free, Prior and Informed Consent (FPIC)—that are often at risk. The guide provides strategic advice for negotiations and lists national and international grievance mechanisms, including the Inter-American Commission on Human Rights and World Bank inspection panels, to address rights violations.
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Document type: Guide
Know Your Rights Related to REDD+
The document outlines the basic concepts of REDD+, the associated safeguards agreed upon under the UNFCCC, and the specific human rights—such as self-determination, land tenure, and free, prior and informed consent (FPIC)—that may be impacted by forest governance initiatives. It provides practical advice for community leaders on negotiating REDD+ activities and lists national and international mechanisms for seeking justice and reporting rights violations.
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Document type: Guide
trade_meas_uncertainty_nov1999-c4a55c4b06654618.pdf
This research paper, published in November 1999 by WWF-World Wide Fund for Nature and authored by experts from the Center for International Environmental Law (CIEL), examines the conflict between World Trade Organization (WTO) rules and trade measures used in Multilateral Environmental Agreements (MEAs). The authors argue that uncertainty regarding WTO consistency is used by some nations to 'chill' the development of effective environmental laws, specifically citing the Biosafety Protocol and the POPs Agreement. The paper recommends that WTO members adopt a political statement of consistency and negotiate a separate agreement to grant MEAs equal status with WTO rules.
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Document type: Research paper
Transparency in 21st Century Fisheries Management: Options for Public Participation to Enhance Conservation and Management of International Fish Stocks
The research paper argues that the effectiveness of international fisheries management depends on the support and input of non-governmental stakeholders. It analyzes the 'three pillars' of public participation—access to information, access to decision-making, and access to justice—as established by the Rio Declaration, Agenda 21, and the Aarhus Convention. The author compares the participatory practices of Rio-era conventions (Climate Change, Biological Diversity, and Desertification) with those of various RFMOs, such as the WCPOFC, NAFO, and ICCAT. The document concludes that broad NGO participation enhances decision-making quality and legitimacy, and recommends that RFMOs adopt open-access policies for meetings and documents to ensure sustainable resource management.
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Document type: Research paper
WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution
The document argues that WTO rules do not prevent the implementation of an ambitious plastics treaty, as multilateral environmental agreements (MEAs) can restrict trade without violating trade law. It highlights that GATT Article XX provides general exceptions for measures necessary to protect human, animal, or plant life and health, or the conservation of exhaustible natural resources. To avoid trade challenges, the brief recommends that the treaty use precise, science-based obligations, ensure non-Party trade measures mirror those between Parties, and explicitly articulate the links between plastic pollution and public health and biodiversity.
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Document type: Policy brief
APPENDIX (Exhibits 1 - 10 to Above Ground, CIEL, GLA submission)
The document contains an Environmental Impact Assessment (EIA) for Reconnaissance Energy Namibia (Pty) Ltd's proposed drilling of stratigraphic wells in the Kavango Basin, Namibia, and a technical report on shale oil and gas resources in South Africa's Karoo Basin.
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Document type: Report
bioagreements_1996-476b42178e2c81ce.pdf
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.
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Document type: Report
Submission from the Center for International Environmental Law (CIEL) on the “Call for Input 2022 – activities involving removals under the Article 6.4 Mechanism of the Paris Agreement”
The Center for International Environmental Law (CIEL) submits that the Article 6.4 mechanism must focus on near-term emissions reductions and the phase-out of fossil fuels rather than carbon removals. CIEL warns that relying on removals risks temperature overshoot beyond 1.5°C, which could lead to irreversible tipping points. The submission critiques land-based removals for their impermanence and limited capacity, and describes engineered removals like BECCS and DACCS as speculative technologies that threaten food sovereignty, land rights, and biodiversity. It further argues that Carbon Capture and Storage (CCS) primarily serves to prolong fossil fuel reliance and has a history of underperformance. Finally, CIEL calls for the establishment of robust human rights safeguards and an independent grievance redress mechanism for all Article 6.4 activities.
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Document type: Statement
Leaks in the System
The document examines how Peru's regulatory framework for logging enables widespread illegal activity, which in turn threatens the success of REDD+ initiatives. It highlights that without national-scale reform, project-based efforts to reduce emissions will be negated by leakage and reversals.
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Document type: Case study
GUIA DE MELHORES PRÁTICAS PARA EMITIR TÍTULOS VERDES
The document outlines the Climate Bonds Standard and Certification Scheme, a voluntary labeling system for debt instruments aimed at limiting global temperature rise to 1.5ºC. It focuses on the Brazilian forestry market, detailing a three-step process for certification: pre-issuance (framework development and verification), issuance (investor engagement and listing), and post-issuance (annual reporting). Eligibility for forestry bonds is based on specific screening indicators—including forest planting, restoration, and sustainable management—and requires compliance with mitigation and resilience criteria, such as FSC or PEFC certifications and Free, Prior and Informed Consent (FPIC) protocols.
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Document type: Guide