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El Comercio Digital y La Gobernanza Mundial de Datos Trazando nuevas vías en el derecho económico internacional
This research paper by Neha Mishra examines the intersection of international trade law and global data governance, arguing for a balanced approach to cross-border data flows that reconciles commercial goals with privacy, security, and equity. The author proposes a multi-layered framework to bridge the gap between trade rules and data governance, emphasizing the need for digital inclusion for developing nations and the move away from polarized narratives of 'free flow' versus 'data sovereignty'.
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Document type: Research paper
Designing Border Carbon Adjustments for Enhanced Climate Action
This research paper analyzes border carbon adjustments (BCAs) as a mechanism to prevent carbon leakage—the shift of emissions from countries with strict climate policies to those with less stringent ones—within the fragmented architecture of the Paris Agreement.
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Document type: Research paper
INTERNATIONAL TRADING RULES & THE POPS CONVENTION
This policy brief by the Center for International Environmental Law argues against the inclusion of a 'WTO supremacy clause' in the proposed POPs Convention and advocates for the use of multilateral trade measures to eliminate persistent organic pollutants. It explains how such measures can be justified under WTO environmental exceptions and argues that multilateral agreements should be presumed WTO-consistent.
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Document type: Policy brief
AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products
This amicus brief, submitted by the Center for International Environmental Law and other organizations, argues that United States import prohibitions on shrimp harvested without turtle excluder devices (TEDs) are consistent with WTO rules. The brief contends that these measures are justified under GATT Article XX as necessary for the conservation of endangered sea turtles, a goal supported by international environmental law and the principles of sustainable development.
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Document type: Briefing
Fisheries Conservation and Trade Rules
This report by the Center for International Environmental Law (CIEL) and Greenpeace analyzes the tensions between international trade rules, primarily those of the World Trade Organization (WTO), and the conservation of global fisheries. It argues that current trade interpretations often hinder sustainable fisheries management by prohibiting regulations based on production and processing methods (PPMs). The authors propose a framework to integrate the precautionary approach into trade law, eliminate destructive subsidies, and ensure that investment liberalization does not undermine the ability of states to protect marine resources and traditional fishing communities.
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Document type: Report
globaltrade_biocon_1996-27937d395398f024.pdf
This report chapter analyzes the Convention on Biological Diversity (CBD) as a pioneering legal instrument that integrates environmental conservation with economic and trade goals. It specifically examines the CBD's regime for the trade of genetic resources, its recognition of the role of local and indigenous communities in sustainable production, and the contrast between the CBD's ecological economics approach and the neoclassical economic views prevalent in traditional trade agreements like GATT and NAFTA.
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Document type: Report
provisions_montreal_trade_jan1992-19cfc6b9bee4da2a.pdf
This briefing by the Center for International Environmental Law analyzes the trade provisions of the Montreal Protocol on Substances That Deplete the Ozone Layer. It details the different obligations for ordinary Parties, developing country Parties (Article 5), and non-Parties, specifically focusing on restrictions on the import and export of controlled substances and products containing them. The document also examines the financial mechanisms for developing countries, such as the Multilateral Fund, and discusses potential legal conflicts between the Protocol's trade restrictions and the General Agreement on Tariffs and Trade (GATT).
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Document type: Briefing
WHO OWNS “YOUR” WATER? RECLAIMING WATER AS A PUBLIC GOOD UNDER INTERNATIONAL TRADE AND INVESTMENT LAW
This research paper by Howard Mann of the International Institute for Sustainable Development examines how international trade and investment agreements, specifically NAFTA and WTO rules, impact the management of water as a public good. The author argues that while states retain legal jurisdiction, these agreements can severely limit sovereign control, lock in weak domestic management practices, and prioritize foreign investor rights over local and indigenous needs through secretive arbitration processes.
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Document type: Research paper