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The document provides legal arguments to support the legitimacy of California's MTBE ban in the arbitration between Methanex Corporation and the United States. It contends that international law, including the precautionary principle and the right to potable water, mandates deference to government health and environmental regulations. The authors argue that foreseeable impacts on foreign investors or the existence of alternative measures do not prove discriminatory intent under NAFTA Chapter 11.

The report evaluates Estonia's implementation of the Aarhus Convention's three pillars: access to information, public participation, and access to justice. It finds that while legal frameworks are generally in place and information quality is high, practical implementation varies. Access to information is stronger than public participation, which often occurs too late in the decision-making process to be substantive. Access to justice is recognized by courts, allowing environmental NGOs to challenge decisions. The report recommends clearer procedures for emergency notifications, better accessibility of corporate pollution data, and more inclusive, early-stage public consultations.

A formal Freedom of Information Act (FOIA) request submitted by Friends of the Earth – U.S. and other environmental organizations to the United States Trade Representative for documents concerning investment provisions in various U.S. free trade agreements.

The Center for International Environmental Law (CIEL), along with Friends of the Earth – US, Natural Resources Defense Council, and Defenders of Wildlife, submitted a FOIA request to the USTR for all environmental provisions and supporting documents of free trade agreements negotiated since early 2003, specifically mentioning agreements with Morocco, Colombia, Australia, and Central America.

The Center for International Environmental Law and other signatories argue that the U.S.-Chile and U.S.-Singapore FTAs undermine environmental protection through flawed investment rules and weak environmental provisions. They specifically highlight the failure to meet the 'no greater rights' standard for foreign investors, the absence of a citizen submission process, and the lack of an independent environmental cooperation institution, contrasting these agreements unfavorably with the U.S.-Jordan FTA and NAFTA.

The document introduces a collaborative project between the International Institute for Sustainable Development (IISD) and the Center for International Environmental Law (CIEL) to define the current legal status of the intersection between trade law and environmental issues. By establishing a consistent baseline based on WTO Agreements and decisions, the authors intend to provide a platform for negotiators and civil society to distinguish between what the law currently is and what it should be, particularly in the context of the Doha Round of trade negotiations.

The report critiques a 2002 White House proposal to alter federal land management laws. It argues that while the bill is framed as wildfire prevention, it seeks to exempt projects from the National Environmental Policy Act (NEPA), limit judicial review, eliminate administrative appeals, and introduce "stewardship contracting" to benefit the timber industry.

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.

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 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 report outlines a strategic vision for Canada to become a global leader in knowledge sharing by 2010, emphasizing the integration of ICTs into foreign policy. It proposes 'packaging' Canadian expertise in health, environment, and governance for international use and calls for a shift toward a knowledge-based approach to sustainable development. Key recommendations include building partnerships with the private sector, enhancing capacity for global dialogue, and focusing on primary education and health care systems.

The report argues that while many Asian nations have adopted stringent environmental laws based on Western models, these laws are often ineffective due to a lack of integration with economic planning, corruption, and a failure to account for local cultural contexts. It recommends integrating environmental policy into investment promotion, simplifying regulations to reduce corruption, and utilizing land-use planning as a primary tool for prevention. Specifically, it suggests enhancing compliance through community-based monitoring, adopting alternative dispute resolution mechanisms, and reforming Environmental Impact Assessments (EIAs) to include public consultation and post-implementation monitoring.

The Convention on Biological Diversity is presented as a pioneering effort to balance economic and environmental issues within a single legal instrument. It is characterized as a sustainable trade agreement that requires trade in genetic resources to occur within a framework ensuring sustainable production processes. The document highlights the Convention's role in protecting the traditional knowledge and customary resource uses of indigenous communities, contrasting this with international trade law's historical lack of consideration for environmental protection and indigenous rights.

The document asserts that NEPA applies to NAFTA because the USTR is a federal agency and the agreement constitutes a major federal action with significant environmental effects. It argues that a legislative EIS can be produced within the administration's fast-track schedule and does not conflict with trade laws or the separation of powers doctrine.

The document is a curated bibliography compiled by David Downes for the Center for International Environmental Law in 1992. It lists legal precedents, international directives, and scholarly articles that explore the relationship between human rights and the environment, with a particular focus on indigenous peoples' rights, the role of international development banks, and the emerging concept of a right to a healthy environment.

The Montreal Protocol implements a phase-out of ozone-depleting substances (ODS) by 2000, utilizing trade restrictions to ensure global compliance. It prohibits Parties from importing controlled substances from non-Parties and, as of January 1, 1993, restricts exports to non-Parties. To support developing countries (Article 5 Parties), the Protocol allows a ten-year deferral of obligations and established a Multilateral Fund to cover incremental costs of technology transition. While these measures aim to prevent 'leakage' of ODS production to non-signatories, they create potential legal tensions with the General Agreement on Tariffs and Trade (GATT), particularly regarding quantitative restrictions and the Most-Favored-Nation (MFN) principle.

The document examines a 1978 legal dispute over the ownership of a mine dump on a portion of the farm Elandsfontein. The court focused on whether the dump had acceded to the soil to become immovable property, ultimately ruling that the intention of the parties is the primary test for such classification. Because Simmer and Jack Mines Ltd could not prove an intention for the dump to be immovable, and had failed to reserve access rights when selling the land, their application for an interdict to stop sand removal was dismissed.

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 document contends that the EPA lacks the legal authority under sections 111 and 112 of the Clean Air Act to implement nationwide emission trading for hazardous air pollutants. It argues that these sections mandate uniform, source-specific performance standards rather than a tradeable allowance system. The author further claims that the EPA's approach is arbitrary and capricious because it fails to adequately address the risk of localized mercury 'hotspots' and includes flawed program elements, such as a 'safety valve' provision and exemptions for small emitters, which could delay the installation of pollution controls and maintain high emission levels.