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The authors argue that while the U.S.-Australia FTA's lack of an investor-state dispute mechanism is positive, the substantive investment provisions still grant foreign investors rights exceeding those of domestic investors under U.S. law. They highlight risks to environmental regulation, the lack of a general environmental exception, and the subjective nature of 'fair and equitable treatment' standards.

A coalition of environmental and health organizations rejected the EPA's February 25, 2004, draft amendments to FIFRA, arguing the bill fails to adequately implement the Stockholm Convention on Persistent Organic Pollutants (POPs). The groups contend the draft ignores health-based standards, fails to align domestic regulation with international POPs listings, and lacks a transparent public comment process. They further argue that the administration is using the bill to advance a "fringe constitutional theory" regarding the non-delegation of power to international bodies.

A coalition of environmental organizations urges the U.S. Congress to oppose CAFTA, asserting that its investor rules allow foreign companies to challenge environmental laws in international tribunals and that its environmental safeguards are insufficient to support sustainable development in Central America.

The Center for International Environmental Law (CIEL) has formally critiqued a draft report from the Department of State Subcommittee on Investment, claiming it unfairly favors the investment community. CIEL identifies specific inaccuracies, such as the false claim that environmental and labor groups oppose any limitation on governmental authority to regulate, and notes a lack of mention regarding transparency and public participation in dispute settlement. The organization urges a revision of the report to ensure it is balanced and neutral before finalization.

The document outlines concerns that investment agreements do not necessarily attract foreign direct investment and may instead undermine public interest regulations, discriminate against local investors, and impose significant financial liabilities on governments through investor-state arbitration.

The document argues that the GATS creates a 'lock-in' effect that conflicts with the flexibility required for adaptive water management. It identifies twelve areas of potential conflict, including market access restrictions on water extraction, the use of technical standards for pollution control, and the requirement for sustainability impact assessments. The authors recommend that WTO members refrain from new commitments in water-sensitive sectors and amend the GATS to include a specific environmental exception for natural resources.

The document examines the conflict between domestic subsidy regimes and WTO trade liberalization goals, arguing that current measures like PSE, CSE, and AMS only track subsidy levels rather than their actual trade-distorting effects. It proposes 'terms-of-trade' as a superior metric for detecting unfair trade practices. The report provides case studies from India, Brazil, and the Southern African Customs Union (SACU), highlighting how subsidies in OECD countries—specifically in the EU and US—harm developing economies' agricultural sectors, such as sugar and beef, while noting that developing nations often use subsidies for social stability and food security.

The document criticizes the EPA's 2002 implementation proposal for the 1997 8-hour ozone standard, claiming it unlawfully attempts to shift nonattainment areas from the more protective Subpart 2 requirements to the weaker Subpart 1. It further warns that the EPA's plan to revoke the 1-hour ozone standard would allow areas to abandon critical control measures, such as transportation conformity and maintenance plans, thereby endangering vulnerable populations—particularly children and the elderly—who are susceptible to ozone-linked respiratory issues and asthma.

The document argues that shifting from a strict 'necessity' test to a 'proportionality' test in WTO dispute settlements would transfer the power to balance trade interests against public policy goals from domestic democratic institutions to WTO panels and the Appellate Body. It specifically warns that proposed changes to the General Agreement on Trade in Services (GATS) could allow the WTO to outlaw domestic measures it deems 'out of balance' with their objectives, potentially undermining protections for the environment, human health, and consumers.

The document argues that the WTO's 'free trade' framework is systematically biased toward transnational corporations, which use privileged access to governments in the US, EU, and Japan to shape global rules. Through case studies, it illustrates how this influence leads to the forced adoption of GMOs, restricted access to essential medicines, the privatization of water and energy, and the undermining of international environmental agreements like the Kyoto Protocol and the Cartagena Protocol on Biosafety. The authors call for a halt to current negotiations and an independent assessment of the social and environmental impacts of trade liberalization.

Friends of the Earth International opposes the continuation of GATS negotiations, asserting that the agreement grants transnational corporations excessive rights at the expense of national environmental and social policies. The document highlights how GATS limits the right of governments to legislate, particularly regarding essential public services and natural resource management. It specifically warns that expanding GATS into energy, water, and tourism sectors could lead to irreversible ecological damage and the forced privatization of basic human needs. The organization demands the exclusion of public services and extractive industries from GATS disciplines and the implementation of strong environmental exemptions.

Friends of the Earth International opposes the proposed WTO investment agreement, asserting it would prioritize corporate rights over the environment and public interest. The organization cites the failure of the Multilateral Agreement on Investment (MAI) and the negative impacts of NAFTA Chapter 11 as evidence of the risks associated with investor-state dispute mechanisms. It further argues that there is no empirical evidence that foreign direct investment (FDI) leads to sustainable development, noting that many developed nations used the very policy tools they now seek to deny developing countries. The paper recommends that the WTO reject 'procedural modalities' for investment talks, reexamine GATS Mode 3 commitments, and abandon TRIMS rules that hinder local development. Instead, it advocates for corporate accountability rules to be negotiated in social and environmental forums rather than within the WTO.

The document critiques the world trade system and the World Trade Organisation (WTO), asserting that the principles of 'free trade' are fundamentally flawed and lead to increased global inequality, environmental degradation, and economic instability. It highlights how the system prioritises corporate interests over public health, food security, and sustainability, specifically critiquing the TRIPs Agreement and the Agreement on Agriculture. The briefing also details the influence of transnational corporations (TNCs) on trade policy and the failures of various WTO Ministerial Conferences, including Seattle, Doha, and Cancún.

The document examines the intersection of international trade law and water management, arguing that while states maintain formal jurisdiction over water, investment agreements can severely limit their regulatory autonomy. It highlights risks such as the 'locking-in' of weak domestic water regimes and the use of investor-state arbitration to challenge environmental regulations or water usage limits. The author advocates for treating water as a special resource in negotiations, improving domestic legal frameworks before privatizing services, and increasing transparency in investment disputes.

The document analyzes the rise of investor-state arbitration under Bilateral Investment Treaties (BITs), noting a significant increase in cases compared to NAFTA's Chapter 11. Using ICSID data, it highlights pending cases that challenge government emergency measures in Argentina, tax policies in Burundi, and environmental regulations in Mexico and Peru. It also examines disputes over water privatization in Bolivia and Argentina, and the risks of using opaque, ad-hoc arbitration rules (like UNCITRAL) which can lead to conflicting rulings and a lack of public transparency, potentially undermining the legitimacy of the process and hindering the ability of developing nations to manage foreign investment.

The briefing examines how the push for water privatization by the World Bank and IMF, alongside the constraints of Bilateral Investment Treaties (BITs) and the General Agreement on Trade in Services (GATS), undermines the ability of national governments to protect access to water as a human right. It highlights the 'lock-in' effect of these international legal frameworks, which can penalize states for adopting social or environmental regulations. The document recommends that governments carefully assess the impact of these agreements on marginalized populations and explicitly exclude sensitive sectors like water from trade commitments to ensure sustainable development.

The Center for International Environmental Law argues that granting private investors the jurisdiction to bring arbitral claims over investment authorizations and agreements undermines domestic legal systems and threatens regulatory autonomy over public assets and environmental protections.

The document examines the proliferation of bilateral and regional investment treaties, highlighting how they limit the ability of host states to regulate for public health and the environment. It critiques the investor-to-state dispute settlement mechanism for its lack of transparency and the use of 'indirect expropriation' claims to challenge environmental laws. The author recommends that new governance principles for foreign direct investment in hazardous activities ensure public transparency in arbitration, public consultation on host government agreements, and a commitment by companies to abide by evolving environmental and health legislation.

The document examines the potential for a WTO investment agreement following the Doha Ministerial Statement. It critiques the 'commercial model' of investor-state dispute settlement seen in NAFTA Chapter 11 and over 2,100 bilateral investment treaties (BITs), noting a lack of transparency and a tendency to prioritize investor rights over public welfare regulations. The author argues that the WTO may lack the institutional capacity to manage the complex domestic institution-building required for sustainable investment. Instead of traditional investor-centric models, the paper proposes a new framework that balances the rights of investors with the obligations of home and host states to uphold environmental and social standards.

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.