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The document argues that NAFTA's Chapter 11 provisions are interpreted too broadly, potentially creating a 'regulatory chill' where governments avoid public welfare regulations to avoid compensating foreign investors. It highlights a lack of transparency and accountability in the investor-state dispute mechanism, which follows a commercial arbitration model rather than a public justice model. The author examines three reform options—interpretive statements, environment, health, and safety (EH&S) exceptions, and full amendment—concluding that only a comprehensive amendment can fully address both substantive and process-related shortcomings.

The document argues that the synergy between World Bank and IMF conditionalities, investment treaties, and WTO agreements creates a 'lock-in' effect that forces the privatization of water services. This process often undermines the human right to water, as legally binding international obligations can penalize governments that attempt to implement social or environmental regulations, such as water price caps, to protect vulnerable populations.

The authors argue that the U.S.-Chile and U.S.-Singapore FTAs grant foreign investors substantive rights exceeding those of domestic investors under U.S. law, particularly regarding expropriation and minimum standard of treatment. They highlight the lack of a general environmental exception in the investment chapters and express concern that the investor-state dispute mechanism undermines the rule of law and national security while lacking citizen enforcement mechanisms.

A coalition of environmental NGOs warns the Congressional Oversight Group on Trade Policy that USTR's investment proposals could grant foreign investors excessive rights, potentially exposing the U.S. to financial liability for regulatory actions. The authors argue the proposals misrepresent U.S. Supreme Court precedents on expropriation and introduce subjective standards like "fair and equitable treatment" that do not exist in U.S. law.

The report evaluates the environmental performance of the 'Big Six' automakers—Honda, Toyota, Nissan, Ford, General Motors, and DaimlerChrysler—using government data on smog-forming pollutants and greenhouse gases. Honda is ranked as the cleanest, while DaimlerChrysler is the dirtiest. The analysis highlights a significant pollution gap between cars and trucks, noting that trucks are permitted to emit more pollutants under current regulations. While smog-forming emissions decreased across the industry due to the National Low Emission Vehicle (LEV) program, global warming gas emissions increased, driven by a shift toward larger, less efficient vehicles. The report argues that voluntary corporate commitments, such as Ford's effort to reduce truck emissions, can improve rankings, but emphasizes that government regulation is necessary for industry-wide progress.

The document examines how NAFTA's Chapter 11 provisions—specifically those regarding expropriation, national treatment, and performance requirements—can be used by investors to challenge environmental regulations. It highlights a lack of transparency and accountability in the ad hoc investor-state dispute process and suggests that the Joint Public Advisory Committee (JPAC) should push the Commission for Environmental Cooperation (CEC) and the Free Trade Commission (FTC) to reform these mechanisms to better balance investor rights with public interest.

The International POPs Elimination Network (IPEN) and its participating organizations are calling on Canada to resist a $100 million claim from Crompton Corporation under NAFTA Chapter 11. The claim follows Crompton's agreement to stop using lindane, a persistent organic pollutant, in canola seed treatments. The groups argue that lindane is a dangerous neurotoxicant and endocrine disruptor that contaminates the Arctic and human breast milk. They contend that NAFTA's investment rules are being used to undermine legitimate public health regulations and urge the renegotiation of Chapter 11 to protect the sovereign right of governments to regulate toxic substances.

On August 5, 2002, a NAFTA Chapter 11 tribunal issued an interim ruling in the Methanex vs. United States case, determining that it lacked jurisdiction over the original claims because there was no "legally significant connection" between California's MTBE ban and Methanex, which only supplied a component (methanol) for the regulated product. The tribunal rejected the notion that indirect economic impacts are sufficient to establish jurisdiction under Article 1101. However, it left open a narrow path for jurisdiction if Methanex can prove a specific "intent" to discriminate against the company in favor of a domestic competitor. The author notes that while the ruling does not exempt public welfare measures from challenge, it limits the range of potential claimants by excluding those only indirectly affected.

The document analyzes the drivers of foreign direct investment (FDI) and the potential positive and negative impacts on the host country's economy, environment, and social fabric. It argues that while liberalizing legal frameworks is a common first step, sustainable development requires a comprehensive approach including strong national institutions, environmental regulations, and strategic 'third-generation' policies. The report specifically warns against the risks of international investment treaties, such as the Energy Charter Treaty and NAFTA, which may limit a government's ability to regulate for public health and environmental protection through closed-door arbitration processes.

A joint statement from several environmental organizations providing recommendations to the U.S. Trade Representative to ensure that the proposed United States-Chile Free Trade Agreement (FTA) protects environmental standards, incorporates the precautionary principle, and avoids trade liberalization in sensitive sectors like forestry and mining.

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.

An amended petition filed on October 13, 2000, by Communities for a Better Environment (CBE), the Bluewater Network of Earth Island Institute, and the Center for International Environmental Law (CIEL) requesting permission to participate as amici curiae in the NAFTA Chapter 11 arbitration between Methanex Corporation and the United States.

The EPTSD Framework aims to minimize conflicts between trade, environment, and development policies through five principles: efficiency, equity, good governance, stakeholder participation and responsibility, and international cooperation. The document argues that the adversarial nature of WTO binding dispute settlement is often a 'last resort' that fails to address underlying environmental issues, as seen in the Shrimp-Turtle case. It proposes a four-stage dispute prevention process: informal international cooperation, bilateral/multilateral consultation, non-binding third-party assisted processes (such as mediation under Article 5 of the DSU), and finally, binding settlement. Applying this to the Shrimp-Turtle dispute, the author suggests that technical assistance and multi-stakeholder dialogue could have avoided the trade ban. For the GMO Labelling conflict between the US and EU, the document emphasizes the need for international policy coherence across the WTO, the Biosafety Protocol, and the Codex Alimentarius Commission, while supporting the EU's labelling scheme as a tool for consumer transparency and risk internalisation.

The document warns against adopting a deregulatory investment model for the FTAA, citing the destabilizing effects of short-term speculative capital flows seen in the Asian and Mexican financial crises. It argues that broad definitions of investment and 'national treatment' provisions in NAFTA and the MAI would prohibit essential capital controls and 'speed bumps' used by countries like Chile and Colombia to maintain economic stability. Furthermore, the text contends that such rules threaten environmental protection by allowing corporations to sue governments for 'regulatory expropriation' and by banning performance requirements that mandate technology transfer to developing nations. The authors recommend that any hemispheric agreement must preserve the right of states to regulate currency convertibility, mandate technology transfer, and utilize transparent dispute resolution mechanisms that include civil society participation.

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 report examines the interaction between economic growth, trade liberalization, and the environment in Argentina during the 1990s. It finds that while manufacturing exports remained dominated by high-pollution sectors, the agricultural sector experienced a 'virtuous cycle' where production increases coincided with the adoption of conservationist technologies like no-till farming and transgenic crops, which mitigated some environmental impacts.

Molten Metal Technology Inc. (MMT) developed catalytic extraction processing (CEP), a technology designed to break down hazardous and radioactive wastes into benign forms and recyclable products. Between 1989 and 1995, the company leveraged strong leadership, strategic partnerships with entities like Lockheed Martin and DuPont, and significant federal grants from the DOE to build a research facility in Massachusetts and plan commercial plants in Tennessee and Texas. Despite achieving its first profit in 1995 and receiving EPA recognition for its technology, MMT faced significant risks regarding the timing of full commercial implementation and competition from established incineration and biodegradation methods.

The report establishes a framework for analyzing how trade liberalization affects biodiversity through indirect economic effects, independent direct effects, and public policy changes. It identifies ten types of trade effects and tests the framework using case studies of Indonesia and Papua New Guinea, highlighting significant data gaps and the complexity of quantifying these linkages.

The author challenges the notion that GATT prohibits distinctions between products based on their production methods (PPMs). By analyzing the ambiguity of the term 'like products' and highlighting the TRIPS Agreement as a successful application of PPMs for intellectual property, the paper suggests that environmental PPMs are possible. The author argues that the focus should shift from whether such measures are permissible to how they can be implemented through a rule-based agreement developed by environmental experts and then integrated into the WTO framework to avoid 'pollution havens' in commodity markets.

Following the decision to expand its Everett, Washington facility for the 777 program, Boeing was required by the City of Everett to pay over $50 million in environmental and social mitigation costs. These requirements, mandated under the Washington State Environmental Policy Act (SEPA), included $47.46 million for off-site transportation improvements, as well as site-wide erosion control, wetland replacement, and low-income housing investments. The case highlights a conflict between Boeing's management accountants, who argued for expensing the costs as they added no measurable value to assets, and external auditors and tax groups, who argued for capitalization because the payments were a direct condition for obtaining necessary construction permits.