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Govern Geoengineering
This report by the Center for International Environmental Law argues that a restrictive international governance framework for geoengineering already exists across environmental agreements and human rights law, but is being undermined by a proliferation of outdoor experiments and commercial carbon markets.
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Document type: Report
How to Enforce the Polluter-Pays Principle
This policy brief examines the polluter-pays principle (PPP), which requires pollution producers to bear the costs of managing and preventing environmental and human health damage. While established in European Union and OECD frameworks, the PPP faces challenges in universal international application due to ambiguities in defining 'the polluter' and differing national legal systems. The document explores the PPP's intersection with international climate change law, the principle of common but differentiated responsibilities (CBDR), and efforts by global financial institutions to implement carbon pricing.
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Document type: Policy brief
Stockholm and the Birth of Environmental Diplomacy
This policy brief examines the 1972 United Nations Conference on the Human Environment in Stockholm, detailing its origins, the diplomatic tensions between developed and developing nations, and its lasting impact on international environmental law and the creation of the United Nations Environment Programme (UNEP).
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Document type: Policy brief
Problem Shifting in the Anthropocene
This chapter from the 'Research Handbook on International Law and Natural Resources' examines 'problem shifting'—the transfer of environmental problems resulting from sustainable natural resource management practices—and evaluates the capacity of international law to mitigate these risks in the Anthropocene.
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Document type: Research paper
Kyoto Protocol Packs Powerful Compliance Punch
This report analyzes the compliance system of the Kyoto Protocol, describing it as more robust than typical multilateral environmental agreements due to its quasi-judicial enforcement mechanisms and specific penalties for developed nations that fail to meet emissions targets.
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Document type: Report
bansignfin2001-e23ea7c9beaf988c.pdf
A statement from the Basel Action Network and other environmental organizations opposing the United States government's intent to selectively ratify the 1989 Basel Convention while refusing to implement the 1995 Basel Ban Amendment.
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Document type: Statement
Análisis jurídico de las consecuencias de la determinación no consensuada de la OCDE sobre la enmienda de plásticos de Basilea
This legal opinion by the Center for International Environmental Law (CIEL) analyzes the obligations of OECD members regarding the trade of plastic wastes following the OECD's failure to reach a consensus on incorporating the Basel Convention's Plastic Waste Amendments into the OECD Decision on the trade of wastes. The analysis concludes that plastic wastes classified as "other wastes" under the Basel Convention fall outside the scope of the OECD Decision, meaning OECD members who are Parties to the Basel Convention must apply Basel's control and prohibition mechanisms. CIEL further argues that separate agreements, such as those between the US and Canada or within the EU, fail to meet the equivalence requirements of Article 11 of the Basel Convention and are therefore invalid for bypassing Basel controls.
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Document type: Report
concepts_principles_1993-92559c547e2b14c7.pdf
This research paper, authored by David Hunter, Julia Sommer, and Scott Vaughan, provides an introduction to the basic concepts and principles of international environmental law. It aims to assist policymakers in reconciling environmental protection with trade liberalization by detailing the legal frameworks surrounding sustainable development, the duty to cooperate, the duty to avoid environmental harm, and the duty to compensate for such harm.
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Document type: Research paper
Legality of EU Proposals on Ship Recycling
This legal opinion by the Center for International Environmental Law (CIEL) argues that the European Union's Ship Recycling Regulation (SRR) is illegal under international and EU law. CIEL contends that the SRR creates an unlawful exemption for EU-flagged ships from the Basel Convention's prohibitions on exporting hazardous waste to developing countries, particularly following the entry into force of the Basel Ban Amendment on December 5, 2019.
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Document type: Report
The LRTAP POPs Protocol and its Relevance to the Global POPs Negotiations
This briefing by the Center for International Environmental Law analyzes the Protocol to the Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (LRTAP POPs Protocol) and evaluates its suitability as a model for global negotiations on persistent organic pollutants (POPs). The author argues that while the Protocol is a positive regional step, it is inadequate as a global model because it focuses on risk management and air transmission rather than total elimination and pollution prevention, and it lacks provisions for developing countries.
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Document type: Briefing
Legal Analysis of the Consequences of the OECD Non-Consensus Determination on the Basel Plastic Amendment
This legal opinion by the Center for International Environmental Law (CIEL) analyzes the obligations of OECD members regarding the trade of plastic wastes following the OECD's failure to reach a consensus on incorporating the Basel Plastic Amendments into the OECD Wastes Trade Decision. The analysis concludes that plastic wastes designated as "other wastes" under the Basel Convention have fallen outside the scope of the OECD Decision, requiring OECD members who are Basel parties to apply Basel's control and ban mechanisms. CIEL further argues that recent arrangements between the US and Canada, and within the European Union, fail to meet the requirements of Article 11 of the Basel Convention and are therefore invalid as alternatives to Basel controls.
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Document type: Report
Promoting the Effectiveness of the Rotterdam Convention: Ways Forward and Procedural Implications
This report by the Center for International Environmental Law analyzes legal and procedural options to overcome the 'blockade' in listing hazardous chemicals under Annex III of the Rotterdam Convention. It evaluates the implications of amending the existing consensus-based listing procedure versus creating a new annex to enhance the Convention's effectiveness in facilitating the Prior Informed Consent (PIC) procedure.
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Document type: Report