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This briefing note, prepared by the South Centre and the Center for International Environmental Law (CIEL), proposes a framework for the World Intellectual Property Organization (WIPO) to respond to a request from the Convention on Biological Diversity (CBD). The document argues that WIPO's examination of the interrelation between genetic resource access and intellectual property disclosure requirements must support CBD objectives, recognize the CBD's leading role in biodiversity issues, and integrate sustainable development goals.

This research paper analyzes the public participation and transparency frameworks of the Clean Development Mechanism (CDM) under the Kyoto Protocol. It identifies significant gaps in the 'Marrakech Accords' regarding how stakeholders are informed and involved in project development, noting that most information becomes public only after key decisions are made. The authors argue that the current rules lack standardized environmental impact assessment (EIA) requirements and provide no formal mechanism for stakeholders to seek redress or trigger project reviews, recommending the creation of a 'Good Practice Manual for Public Consultation and Disclosure' and a watchdog mechanism similar to those used by the World Bank Group.

This report by the Center for International Environmental Law (CIEL) analyzes the design of the Clean Development Mechanism (CDM) under the 1997 Kyoto Protocol, drawing on a case study of Joint Implementation (JI) forest projects in Costa Rica. It evaluates the technical challenges of quantifying carbon sequestration—such as baselines, leakage, and durability—and argues that the CDM must integrate strict legal and institutional safeguards to ensure that forest projects provide genuine climate benefits without undermining biodiversity or the rights of local and indigenous communities.

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.

This report examines the governance of Multilateral Development Banks (MDBs), focusing on the evolution of public access to information, participation in decision-making, and the establishment of accountability mechanisms. The authors argue that while MDBs have moved toward greater transparency due to external pressure, these processes remain largely ad hoc and inconsistent, lacking a systematic framework for citizen-based rights.

This research paper by Maria Julia Oliva of the Center for International Environmental Law examines the 'Development Agenda' of the World Trade Organization's (WTO) Doha Work Programme. The author evaluates whether the subsequent July framework maintains the original commitment to prioritize the needs of developing countries, specifically analyzing sectors such as agriculture, non-agricultural market access (NAMA), services, and the intersection of trade and environment.

This research paper, prepared by Matthew Stilwell for the Center for International Environmental Law and published by the World Wide Fund for Nature in October 1999, proposes the use of the Expert Panel on Trade and Sustainable Development (EPTSD) Framework to reconcile conflicts between international trade, environment, and development policies. Using the WTO Shrimp-Turtle dispute and the potential US-EU GMO labelling conflict as case studies, the paper argues that formal WTO dispute settlement is often too adversarial to resolve underlying environmental and development issues. It advocates for a staged process of dispute prevention—moving from international cooperation and consultation to third-party assisted mediation before resorting to binding arbitration—to promote policy coherence and sustainable development.

This research paper analyzes the legal and policy frictions between international trade agreements, primarily the General Agreement on Tariffs and Trade (GATT), and environmental protections. It examines how GATT principles—such as Most-Favored-Nation and National Treatment—often conflict with environmental measures, including those found in multilateral agreements like the Montreal Protocol and CITES. The authors discuss the implications of the Uruguay Round negotiations and propose options for reconciling trade and environmental goals under the framework of sustainable development.

This research paper analyzes a 1991 General Agreements on Tariffs and Trade (GATT) dispute resolution panel decision regarding a U.S. embargo on Mexican tuna. The panel found that the U.S. Marine Mammal Protection Act (MMPA) violated GATT by imposing quantitative restrictions on imports. The authors examine the legal conflict between international trade rules and environmental protections, arguing that the decision limits the ability of nations to enforce environmental standards on imported products unless those standards affect the physical makeup of the product or its sale.

This document is an amicus curiae intervention submitted by the Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) and the Center for International Environmental Law (CIEL) to the High Court of Kenya. The intervention argues that the Lamu Port – Southern Sudan – Ethiopia Transport (LAPSSET) project, as planned, violates the Constitution of Kenya and various international treaties regarding the right to development, environmental protection, the prohibition of forced evictions, and the rights of indigenous peoples and cultural heritage.

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.

This guide, prepared for the UNCTAD Biotrade Initiative in collaboration with the CAF and the Andean Community of Nations (CAN), provides a legal framework and recommendations for national biotrade programs in the Andean Region. It analyzes the international legalities surrounding the trade of biodiversity-related tangibles (genetic resources, endangered species, agricultural products) and intangibles (traditional knowledge, intellectual property, environmental services, and carbon emissions).

This research paper examines the intersection of international environmental law and foreign direct investment (FDI), analyzing how emerging legal principles, multilateral treaties, and public financing standards influence private capital flows. It highlights the tension between global economic expansion and sustainable development, specifically addressing the risks of 'pollution havens' and the increasing trend of transnational environmental litigation against multinational corporations in their home country courts.

The Center for International Environmental Law and other organizations argue against launching multilateral investment negotiations at the WTO. They contend that such an agreement would restrict the policy space of developing countries, be driven by the interests of industrialized nations, and utilize an inappropriate dispute settlement mechanism that favors investors over sustainable development and public health.

This report by the Center for International Environmental Law analyzes the impact of intellectual property rights (IPRs) on sustainable development, specifically critiquing the draft Chapter on IPRs within the Free Trade Area of the Americas (FTAA). The author argues that the FTAA proposes "TRIPS-plus" standards that exceed multilateral requirements, potentially hindering public health, food security, and technological development in developing countries by restricting regulatory flexibility and expanding private patent rights.

This research paper by the Center for International Environmental Law analyzes the Intellectual Property Rights (IPR) chapter of the draft Free Trade Area of the Americas (FTAA) agreement. The author argues that the draft represents a 'TRIPS-plus' approach that increases protection levels beyond the WTO's TRIPS Agreement, thereby reducing the regulatory flexibility of developing countries to address public health, food security, and sustainable development.

This research paper critiques a utilitarian (Millsian) approach to the intersection of international trade and environmental protection, arguing instead for a Kantian framework. The author contends that environmental imperatives—such as species preservation—are categorical duties that should not be balanced against economic benefits. The paper proposes a model of "competitive sustainability" to harmonize environmental standards upward through market incentives and trade rule reforms.

This research paper by the Center for International Environmental Law examines the World Bank's approach to governance, civil society, and human rights. It argues that the Bank's adherence to a narrow economic view of development, rooted in its Articles of Agreement, has led it to treat these critical social and political factors as mere instrumentalities for project goals rather than essential components of sustainable development.

This briefing, based on a joint WWF-CIEL paper, examines the relationship between Multilateral Environmental Agreements (MEAs) and the World Trade Organization (WTO). It argues that current WTO negotiations focus on areas requiring the least clarification and proposes several practical measures to enhance compatibility between trade and environmental governance, while urging non-trade policymakers to ensure that trade rules do not undermine the jurisdiction or objectives of MEAs.

The Sierra Club and Center for International Environmental Law submitted views to the Transitional Committee of the Green Climate Fund (GCF), arguing that country ownership and adherence to international environmental, social, and fiduciary standards are compatible. They propose a five-point policy framework for the GCF to ensure sustainable development, transparency, and the protection of vulnerable populations.